וְכִֽי־יִשְׁאַ֥ל אִ֛ישׁ מֵעִ֥ם רֵעֵ֖הוּ וְנִשְׁבַּ֣ר אוֹ־מֵ֑ת בְּעָלָ֥יו אֵין־עִמּ֖וֹ שַׁלֵּ֥ם יְשַׁלֵּֽם׃
Se um homem pedir emprestado algo de seu próximo, e este sofrer dano ou morrer, e o proprietário não estiver presente, ele certamente pagará.
Rashi
Before the festivals of the idolaters 3 days it is forbidden to do business with them - and all of this is because he will go and thank his idol on the day of his festival: "borrowing" (sheilah) [refers to] things that need to be returned, like animals and vessels, as it is written (shemos 22:13) "when a man borrows from his neighbor..." "borrowing" (malveh) [refers to] things that don't need to be returned, like money, as it is written (ibid) "if you lend [someone from] my nation money" because malveh is when [money] is given to spend and he (the borrower) pays him (the lender) with other money
Ramban
SAY [UNTO THE PRIESTS] … AND THOU SHALT SAY UNTO THEM. “[The repetition of the verb say … and thou shalt say is] to warn the adults about the children” [that they observe this law]. This is Rashi’s language on the basis of the words of our Rabbis.1Yebamoth 114 a. Now the meaning of this “warning” is to state that we are not to assist with our hands in the defilement of children [but it does not intend to warn us that we are obliged to prevent them from becoming defiled]. There are many admonitions in the Torah of this nature according to the interpretation of our Rabbis,1Yebamoth 114 a. such being the prohibitions against eating blood and swarming things, and against the defilement [of priests], and from them we learn that [it is applicable to] all prohibitions of the Torah, that we must not assist children in any case to transgress the law. But if they are doing it of their own accord, we2I.e., the court. But his father is obliged to rebuke him and prevent him from doing that which is forbidden (ibid., and such is the final decision of the law, Shulchan Aruch, Hilchoth Shabbath, 343). are not commanded to prevent them [from so doing since they have not yet reached the training period of minors for religious practices, but if they have reached that stage, everyone is commanded to prevent them from doing a prohibited act].3Shulchan Aruch ibid., Rama, and Mishnah Brurah, 7. The meaning of the verse according to its interpretation is then: “say unto the priests … and thou shalt say it over again to them, that they are not to defile themselves,” the purpose of the many warnings being [to teach] that all sons of Aaron are to be guarded from defilement, even the young ones. And Rabbi Abraham ibn Ezra said by way of the plain meaning of Scripture, that say unto the priests refers to the section mentioned above [i.e., Seder Kedoshim], since they [the priests] are the teachers of the Torah and it is they who admonish the people; and thou shalt say unto them, meaning those specific commandments which devolve upon them alone to observe, [as mentioned in this section]. But it is not correct [to interpret two such adjacent phrases as referring to two different sections].
In my opinion the plain sense of the verse is as follows: The meaning of emor (say) is like that of dabeir (speak): Give ear to ‘amarai,’ O Eternal4Psalms 5:2. is like d’varai (my words). A similar case is ‘imrei’(words of) truth.5Proverbs 22:21. This is equivalent to ‘divrei’ emeth (words of truth) — Ecclesiastes 12:10. So also: for it hath heard all ‘imrei’ (the words of) the Eternal.6Joshua 24:27. Here too it is like ‘divrei’ Hashem (the words of G-d) in Exodus 24:3. And the expression Go in unto Pharaoh ‘v’dibarta’ (and thou shalt speak) to him7Exodus 9:1. is like v’amarta (and thou shalt say). ‘Vayedabeir Mosheh’ (And Moses spoke) unto Aaron, and unto Elazar and unto Ithamar, his sons that were left: ‘Take the meal-offering,’8Above, 10:12. is like vayomer Mosheh (and Moses said). And so also you find in many places that both [amor and dabeir are used in one verse, such as:] ‘Dabeir (Speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,9Numbers 15:38. such usage [of the two verbs] being found in those sections where He wishes to warn them strongly [about a certain law] either because of the stringency of the matter, or on account of their habit to commit that sin. Thus ‘emor’ (say) unto the priests … ‘v’amarta’ (and thou shalt say) unto them [is like ‘dabeir’ (speak unto the priests) ‘v’amarta’ (and thou shalt say), as will be explained further on]. Similarly, Thus saith the Eternal, the G-d of Israel: Go ‘v’amarta’ (and say) to Zedekiah king of Judah ‘v’amarta’ (and say) unto him: Thus saith the Eternal etc.10Jeremiah 34:2. means “Go dabeir (speak) to Zedekiah.” Similarly, ‘Vatomer ha’ishah ha’t'ko’ith’ (And when the woman of Tekoa said) to the king, she fell on her face to the ground, and prostrated herself, ‘vatomer’ (and she said): ‘Help, O king’11II Samuel 14:4. is like: “vatedabei’r ha’ishah (and the woman spoke) to the king vatomer (and she said), ‘Help, O king.’” The meaning of Say unto the priests … and thou shalt say unto them is thus like “speak to the priests and say to them,” similar to [that which we find elsewhere], ‘Dabeir’ (speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,9Numbers 15:38. the meaning thereof being: “speak to the people in My Name, and say thus to them,” like, Go in unto Pharaoh, and say unto him: [‘Thus saith the Eternal: Let My people go’].12Exodus 7:26. — In brief, Ramban up to this point has explained that there is no difference between emor and dabeir, and that the double use of each of these verbs or the use of the two together is to indicate the importance of the subject discussed. I have found a similar view in Yonah ibn Ganach’s Sefer Hashorashim, root dabeir. Now many scholars13I have not identified these scholars. say that the meaning of ‘dabeir’ unto the children of Israel is like that of the term kriah (calling), thus: “call unto the children of Israel that they assemble themselves before you, and you shall say to them the following,” and similarly ‘emor’ to the priests means [“call them] to assemble themselves and to listen.”
[SAY UNTO] THE PRIESTS. The reason for [His mentioning the term] the priests [in this section is as follows]: In commandments relating to matters of the offerings He says, Command Aaron and his sons14Above, 6:2. Or: Speak unto Aaron and his sons (ibid., Verse 18). and does not refer to them by the name “the priests,”15“The priests.” In the Tur quoting Ramban: “and He does not refer to them by the term of priesthood.” because those subjects concern the offerings or the various degrees of holiness of the Sanctuary. But here He warns the priests that they should never defile themselves for the dead, even at a time when they do not come into the Sanctuary, this being a mark of distinction to them personally; therefore Scripture mentioned here the priests, meaning to say that it is because they are the priests of the Eternal and the ministers of our G-d that He told them to conduct themselves in a manner reflecting honor and greatness, and that they should never become defiled. Thus the priests who are unfit for the priesthood [i.e., those who are born from a marriage forbidden to their father], are excluded from this principle [i.e., they are permitted to defile themselves for the dead].
The explanation of ‘lo yitama’ (he shall not defile himself — in the singular) is that you [i.e., Moses] are to tell the priests that none of them is to defile himself for the dead among his people. Or it may be that [the use of the singular in lo yitama] is connected with the expression of ‘ba’al b’amav’ (a chief man among his people) mentioned below in Scripture,16Verse 4. and the meaning thereof [here] is: “the chief man among his people is not to defile himself [for the dead].” And the meaning of ba’al b’amav16Verse 4. is like the expressions: ‘miba’alei Yehudah;’17II Samuel 6:2. ‘ba’aleigoyim,’18Isaiah 16:8. namely “the dignitaries” or “the lords” among them [i.e., Judah17II Samuel 6:2. and the nations18Isaiah 16:8.], similar to the phrase: ‘ba’alav ein imo’19Exodus 22:13. — “the master is not with it; “‘ba’al habayith’ — “the master of the house;” as honored people are called “lords.” The verse here is thus stating: “the honored one among his people [i.e., the priest] is not to defile himself for the dead, [in which case] he would be treating his honor with irreverence.” Scripture is thus explaining that it is because of the distinction of the priest, seeing that he is fit to become the highest and most honored one among his people [i.e., the High Priest] that it warns him not to profane his distinction with the impurity of the dead. By means of this statement, Scripture intends to teach us that it should not occur to us to say that the warning [against the priests defiling themselves for the dead] is only when they come into the Tent of Meeting to perform the holy Service. Similarly in this whole section He states that all restrictions [on the priests mentioned here] are due to their distinction. Thus: she profaneth her father;20Verse 9. and he shall not profane his seed.21Verse 15. Onkelos likewise translated [Verse 4]: “The chief among his people shall not defile himself, to be profaned thereby.” But in the Torath Kohanim22Torath Kohanim, Emor 1:15. [ba’al b’amav]16Verse 4. is interpreted [literally] to refer to “a husband” with reference to his wife, as Rashi has written.23Thus: “A husband [a priest] shall not defile himself for his wife’s corpse while it is among his people, meaning where there are other persons who can attend to her burial, this applying only to a wife who disqualified him from serving as a priest, because she was forbidden to him in marriage.” But otherwise the priest is to defile himself for his wife, even if there are other people to attend to her burial.
In my opinion the plain sense of the verse is as follows: The meaning of emor (say) is like that of dabeir (speak): Give ear to ‘amarai,’ O Eternal4Psalms 5:2. is like d’varai (my words). A similar case is ‘imrei’(words of) truth.5Proverbs 22:21. This is equivalent to ‘divrei’ emeth (words of truth) — Ecclesiastes 12:10. So also: for it hath heard all ‘imrei’ (the words of) the Eternal.6Joshua 24:27. Here too it is like ‘divrei’ Hashem (the words of G-d) in Exodus 24:3. And the expression Go in unto Pharaoh ‘v’dibarta’ (and thou shalt speak) to him7Exodus 9:1. is like v’amarta (and thou shalt say). ‘Vayedabeir Mosheh’ (And Moses spoke) unto Aaron, and unto Elazar and unto Ithamar, his sons that were left: ‘Take the meal-offering,’8Above, 10:12. is like vayomer Mosheh (and Moses said). And so also you find in many places that both [amor and dabeir are used in one verse, such as:] ‘Dabeir (Speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,9Numbers 15:38. such usage [of the two verbs] being found in those sections where He wishes to warn them strongly [about a certain law] either because of the stringency of the matter, or on account of their habit to commit that sin. Thus ‘emor’ (say) unto the priests … ‘v’amarta’ (and thou shalt say) unto them [is like ‘dabeir’ (speak unto the priests) ‘v’amarta’ (and thou shalt say), as will be explained further on]. Similarly, Thus saith the Eternal, the G-d of Israel: Go ‘v’amarta’ (and say) to Zedekiah king of Judah ‘v’amarta’ (and say) unto him: Thus saith the Eternal etc.10Jeremiah 34:2. means “Go dabeir (speak) to Zedekiah.” Similarly, ‘Vatomer ha’ishah ha’t'ko’ith’ (And when the woman of Tekoa said) to the king, she fell on her face to the ground, and prostrated herself, ‘vatomer’ (and she said): ‘Help, O king’11II Samuel 14:4. is like: “vatedabei’r ha’ishah (and the woman spoke) to the king vatomer (and she said), ‘Help, O king.’” The meaning of Say unto the priests … and thou shalt say unto them is thus like “speak to the priests and say to them,” similar to [that which we find elsewhere], ‘Dabeir’ (speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,9Numbers 15:38. the meaning thereof being: “speak to the people in My Name, and say thus to them,” like, Go in unto Pharaoh, and say unto him: [‘Thus saith the Eternal: Let My people go’].12Exodus 7:26. — In brief, Ramban up to this point has explained that there is no difference between emor and dabeir, and that the double use of each of these verbs or the use of the two together is to indicate the importance of the subject discussed. I have found a similar view in Yonah ibn Ganach’s Sefer Hashorashim, root dabeir. Now many scholars13I have not identified these scholars. say that the meaning of ‘dabeir’ unto the children of Israel is like that of the term kriah (calling), thus: “call unto the children of Israel that they assemble themselves before you, and you shall say to them the following,” and similarly ‘emor’ to the priests means [“call them] to assemble themselves and to listen.”
[SAY UNTO] THE PRIESTS. The reason for [His mentioning the term] the priests [in this section is as follows]: In commandments relating to matters of the offerings He says, Command Aaron and his sons14Above, 6:2. Or: Speak unto Aaron and his sons (ibid., Verse 18). and does not refer to them by the name “the priests,”15“The priests.” In the Tur quoting Ramban: “and He does not refer to them by the term of priesthood.” because those subjects concern the offerings or the various degrees of holiness of the Sanctuary. But here He warns the priests that they should never defile themselves for the dead, even at a time when they do not come into the Sanctuary, this being a mark of distinction to them personally; therefore Scripture mentioned here the priests, meaning to say that it is because they are the priests of the Eternal and the ministers of our G-d that He told them to conduct themselves in a manner reflecting honor and greatness, and that they should never become defiled. Thus the priests who are unfit for the priesthood [i.e., those who are born from a marriage forbidden to their father], are excluded from this principle [i.e., they are permitted to defile themselves for the dead].
The explanation of ‘lo yitama’ (he shall not defile himself — in the singular) is that you [i.e., Moses] are to tell the priests that none of them is to defile himself for the dead among his people. Or it may be that [the use of the singular in lo yitama] is connected with the expression of ‘ba’al b’amav’ (a chief man among his people) mentioned below in Scripture,16Verse 4. and the meaning thereof [here] is: “the chief man among his people is not to defile himself [for the dead].” And the meaning of ba’al b’amav16Verse 4. is like the expressions: ‘miba’alei Yehudah;’17II Samuel 6:2. ‘ba’aleigoyim,’18Isaiah 16:8. namely “the dignitaries” or “the lords” among them [i.e., Judah17II Samuel 6:2. and the nations18Isaiah 16:8.], similar to the phrase: ‘ba’alav ein imo’19Exodus 22:13. — “the master is not with it; “‘ba’al habayith’ — “the master of the house;” as honored people are called “lords.” The verse here is thus stating: “the honored one among his people [i.e., the priest] is not to defile himself for the dead, [in which case] he would be treating his honor with irreverence.” Scripture is thus explaining that it is because of the distinction of the priest, seeing that he is fit to become the highest and most honored one among his people [i.e., the High Priest] that it warns him not to profane his distinction with the impurity of the dead. By means of this statement, Scripture intends to teach us that it should not occur to us to say that the warning [against the priests defiling themselves for the dead] is only when they come into the Tent of Meeting to perform the holy Service. Similarly in this whole section He states that all restrictions [on the priests mentioned here] are due to their distinction. Thus: she profaneth her father;20Verse 9. and he shall not profane his seed.21Verse 15. Onkelos likewise translated [Verse 4]: “The chief among his people shall not defile himself, to be profaned thereby.” But in the Torath Kohanim22Torath Kohanim, Emor 1:15. [ba’al b’amav]16Verse 4. is interpreted [literally] to refer to “a husband” with reference to his wife, as Rashi has written.23Thus: “A husband [a priest] shall not defile himself for his wife’s corpse while it is among his people, meaning where there are other persons who can attend to her burial, this applying only to a wife who disqualified him from serving as a priest, because she was forbidden to him in marriage.” But otherwise the priest is to defile himself for his wife, even if there are other people to attend to her burial.
English Explanation of Mishnah Bava Metzia
If one borrowed a cow together with the service of its owner, or hired its owner together with the cow, or if he borrowed the service of the owner or hired him, and afterward borrowed the cow, and the cowed died he is not liable, for it is written, “If its owner was with it no restitution need be made” (Exodus 22:14). But if he first borrowed the cow and afterward borrowed or hired the service of its owner, and the cow died, he is liable, for it is written, “Its owner not being with it, he must make restitution” (Exodus 22:13). The Torah clearly states that if the owner of the animal was with the animal when it was borrowed and then it died or was injured the borrower is not obligated to make restitution. The assumption is that the owners should have taken care of the animal and therefore even though the borrower would normally be liable for the animal dying or being injured in this case he is not. Our mishnah clarifies two issues. First of all, it states that the services of the owner need not have been borrowed but may have been hired as well. As long as the cow is borrowed these laws will be applicable. Second, the services of the owner must have been borrowed or hired before the borrowing of the cow. The Rabbis interpret the Torah’s words “with it” or “not being with it” to mean that the owner was in service to the borrower at the time of the borrowing and not afterwards. If the borrower hired or borrowed the services of the owner after having borrowed the cow he will be liable if the cow dies, even if at that time the owner was with the cow.
English Explanation of Mishnah Bava Metzia
Disponível apenas para membros PremiumRashi
נגלו אליו האלהים GOD WAS REVEALED UNTO Him — In many passages terms denoting Divine Power and Lordship are used in the plural e. g., (39:20) “Joseph’s master (אֲדֹנֵי)” (construct plural), and (Exodus 22:14) “If its owner (בעליו) be with it”, where it does not say בַּעֲלוֹ (the singular form). Similarly, forms of אלהים denoting Judge or Authority are expressed in the plural, but you will find none other of the Divine Names in the plural.