תלמוד על שמות 21:22

MISHNAH: The one who comes to his daughter, his granddaughter from his daughter or his son, his wife’s daughter, his wife’s granddaughter from her daughter or her son⁴²These are the only cases among the incest prohibitions of Lev. 18,20 which are both capital crimes and may involve a virgin girl. does not pay the fine since he committed a capital crime and should be executed by the court; for anybody committing a capital crime⁴³Even if he cannot be executed because of missing eyewitnesses to a due warning and the deed. does not pay cash as it is said⁴⁴Ex. 21:22. The next verse reads: “But if it is a case of murder, you shall take life for life.” This excludes the imposition of a fine in a murder trial.: “If there is no case of murder, a fine shall be imposed.”

Rebbi Jeremiah in the name of Rebbi Eleazar: We understand that, since it said⁴⁴Ex. 21:22. The next verse reads: “But if it is a case of murder, you shall take life for life.” This excludes the imposition of a fine in a murder trial. “if there is no case of murder, a fine shall be imposed”, that if it is a case of murder, you shall take life for life? Why does the verse say, it is a case of murder? To add the case of premeditation and warning⁴⁸Which is a case where a person actually could face execution.. Rebbi Yose said, is that not a Mishnah, “for anybody committing a capital crime does not pay cash”, that it deals not only with cases of error. ⁴⁹Cf. fol. 27b, line 30; Terumot 7:1, Notes 16,18; Babli 35a.Ḥizqiah said, one states a baraita⁵⁰Lev. 24:21.: “The slayer of an animal must pay for it but the slayer of a human shall be put to death.” Just as you did not make a difference between unintentional and intentional action of a slayer of an animal to force him to pay money, so you should not make a difference between unintentional and intentional action of a slayer of a human to free him from paying money.

MISHNAH: This is more severe regarding a human than an ox since a human pays damages³⁷And the other four categories of payments mentioned in Mishnah 1. These are enumerated by the Mishnah in the Babli and most independent Mishnah mss. and pays for unborn children³⁸Ex. 21:22 prescribes that an attack on a woman which leads to a miscarriage but does not endanger the woman’s life entitles the woman’s husband to go to court and exact payment for the loss of prospective children., but the ox pays only damages and does not pay for unborn children.
A person who hits his father or mother without causing a concussion³⁹Ex. 21:15 declares hitting father or mother to be a capital crime. Hitting one of the parents without causing visible damage is a sin but not a crime. Therefore there is no obstacle to pressing monetary claims. Cf. Mishnah 7. or who causes injury on the Day of Atonement⁴⁰Desecrating the Day of Atonement is a deadly sin but not a prosecutable crime; it is outside the purview of the human court. Injuring somebody on the Sabbath is a capital crime. Cf. Mishnah 7. is liable for everything. He who injures a Hebrew slave⁴¹Hebrew slavery was an institution permanently abolished, never resurrected in the Second Commonwealt; cf. Qiddušin 1:2, Note 150. The argument is purely theoretical. is liable for everything except for lost earnings if he is his own. He who injures another person’s Canaanite slave⁴²Any Gentile slave becoming potentially Jewish by circumcision and immersion in a miqweh; cf. Qiddušin 1:3, Note 328. A person severely injuring his own slave has to set him free (Ex. 21:26–27). is liable for everything. Rebbi Jehudah says, slaves have no claim for embarrassment.