신명기 19:21의 인용 해설

The passage when you go out in war is juxtaposed to the previous passage because, although “you must not show mercy” [19: 21] upon the guilty, you must show mercy, when you go out in battle, upon the betrothed, the homebuilder, the planter, and the fainthearted.

החובל בחבירו ביה"כ חייב – even though that in the entire Torah , a person who violates a transgression for which he is liable for flogging and payment, he is flogged but does not pay. Here, he pays and is not flogged. For in the commentary, the Torah widened the scope of the law concerning a person who strikes his fellow for payment and not for stripes, from what is written (Deuteronomy 19:21): “hand for hand,” which is money since it is written (Leviticus 24:19): “as he has done so shall it be done to him.” Why does it say “hand for hand?” But rather to include a person who strikes his fellow on Yom Kippur that pays and does not get flogged.

List of relevant verses for Bava Kamma: They are listed in the order of their relevance throughout the tractate. Exodus 21:33-34 Exodus 21:35-36 Exodus 22:4-5 Exodus 21:28-32 Exodus 21:37 Exodus 22:3 Exodus 22:6-8 Exodus 21:18-19 Exodus 21:22-25 Leviticus 24:18-20 Deuteronomy 19:21 Leviticus 5:20-25 Numbers 5:5-8

וקצת את כפה THEN THOU SHALT HEW OFF HER HAND — i.e., she must pay money that is the equivalent of the shame to which he has been put (Bava Kamma 28a), all according to the social position of the person who put him to shame and of him who was shamed (Bava Kamma 83b). But perhaps this is not the meaning, but that you should cut off her hand, literally?! It states, however, here לא תחוס, “thine eye shall not pity her” and it states there (Deuteronomy 19:21) in the laws concerning the plotting witnesses “thou shalt not pity them”; now, what is the case there? It is monetary compensation (see Rashi on that passage)! So, too, monetary compensation is here intended (Sifrei Devarim 293:2).