Komentaryong Sumisipi para sa Deuteronomio 15:17

IF THE SUN HAS RISEN UPON HIM.²⁰²The verses read: 1. If a thief be found breaking in, and be smitten so that he dieth ‘ein lo damim’ (there shall be no guilt of blood incurred for him). 2. If the sun be risen upon him ‘damim lo’ (there shall be guilt of blood incurred for him). He shall make restitution; if he have nothing, then he shall be sold for his theft. “This is nothing but a metaphorical expression, [for did the sun rise upon him alone? Does it not rise upon the whole world? It means etc.]²⁰³The Hebrew text shortens here Rashi’s interpretation, since Ramban’s intention here is not to comment on Rashi’s own explanation, but upon Rashi’s understanding of Onkelos. But Onkelos who rendered the phrase if the sun has risen upon him as: ‘if the eye of the witnesses fell upon him’ chose a different way of interpreting the verse, which is as follows: if the witnesses found the thief before the householder came, and when the householder came to resist the thief, they warned him not to kill the thief, then damim lo, he is liable if he killed him, for since there were witnesses watching him, the thief had no thought of taking human life, and he would not have killed the householder.” Thus is Rashi’s language.
But I wonder! When He said above [in Verse 1], there shall be no guilt of blood incurred for him, thereby acquitting the householder for the murder of the thief, it must surely be speaking of a case where the witnesses warned him not to kill him, for no murderer is ever liable to death without prior warning. And if you say then that in stating: there shall be no guilt of blood incurred for him, Heaven permitted the thief’s blood to be shed, that is to say, it is permissible to kill him — that is not true!²⁰⁴I.e., such an interpretation cannot be the true meaning of this particular verse. For while the law itself is true [that the owner is permitted to kill him], but here the verse speaks of a case where he has already killed him! So how can you say that the intent of the verse is to give him permission to kill him, when he has already killed him! Moreover, since damim lo [in Verse 2] declares the householder culpable both by the court and at the hand of Heaven, then ein lo damim [in the preceeding verse, stating the opposite case], must as a counterpart free him from both, and the way Rashi interpreted Onkelos ein lo damim frees him only from punishment at the hand of Heaven! In other words, Verse 2 must be a case where there were witnesses, as is indicated by the phrase if the sun be risen upon him, as Rashi understands Onkelos. In contrast Verse 1 speaks of a case where there were no witnesses, and hence it cannot refer at all to freeing him from the death by the court, for the court can never act anyway without witnesses; but instead it refers only to freeing him from death by the hand of Heaven. But in that case, the ein lo damim [of Verse 1] and damim lo [of Verse 2] are not in exact contrast: ein lo damim frees him only from punishment by Heaven, and damim lo holds him guilty in both! (Mizrachi). Rather etc. Rather, the first verse acquits the householder under all circumstances from the hand of Heaven, [where he had no prior warning], and from the court if he had prior warning, and the second verse [dealing as it does with another set of circumstances], holds him guilty by the law of both. Perhaps the Rabbi’s intention [i.e., Rashi’s intention in interpreting Onkelos’ translation], was to say that if the witnesses found the thief before the householder came, and recognized him, and the thief knew of their presence, then the thief no longer could have intended to take human life, since he saw that the witnesses recognized him and knew that if he would kill, the witnesses would come to court and have him put to death. And this is the reason for the expression, if the sun has risen upon him, for at night, seeing that the witnesses did not recognize him, he would kill the householder and escape.
In my opinion Onkelos intended to say that if the thief has left the break-through, and the householder comes to court to say that he has witnesses that he was found breaking through, damim lo [literally: “he has blood”] as other living people do, and it is not permissible to kill him, and if the householder did kill him, he is to be put to death; but the thief is to pay if he took anything from there. Scripture uses the expression, if the sun be risen upon him because it speaks of the usual manner, for those who break into homes generally do so at night when no one recognizes them, and the one who kills them there is free and may do so with impunity. But if the thief stayed there until the sun had risen upon him, and then left in a stealthy manner and ran for his life, then if the householder comes to bring a charge against him with the help of witnesses, he [i.e., the thief] is not liable to death, neither by the hands of the court nor by the householder. If this is so, then — according to the opinion of the Sage who says²⁰⁵The opinion is that of Rav (Sanhedrin 72 a). that a thief who broke into a house and took some of its vessels and went out, is free from paying for them, because he acquired them with “blood”²⁰⁶Had he been found by the householder while still in the house and he were killed by him, the householder would be free from punishment. — we must say that the second half of the verse which states, he shall make restitution; if he have nothing, then he shall be sold for his theft, refers back to a previous verse [i.e., Verse 37 in the preceeding chapter]: if a man steal an ox etc. A similar case is the verse, And also unto thy bondwoman thou shalt do likewise.²⁰⁷Deuteronomy 15:17. This is to be connected with Verse 14 there, which states that the master must present gifts to a manservant who goes out free, and here it states that the same must also be done to a maidservant. But it does not refer to the first half of that verse [17] which speaks of the piercing of the ear of a manservant, since that law does not apply to a woman.
The plain meaning of the verse is known to be as follows: If a thief dug through into a home at dark, and was found there at night, he may be killed; but if the sun shone upon the thief and someone saw him and recognized him, he may not be killed, but he must pay for what he stole and took from there at daytime. The meaning of the term hashemesh (the sun) is “in the sight of those who saw him.” Similarly, in the sight of this sun²⁰⁸II Samuel 12:11. means “openly.” The reason for this law is as we have mentioned, that one who comes at night will kill the householder, [and therefore the householder may kill him], whilst one who comes at daytime will flee from him [once he is recognized].

ובמיתת האדון – as it is written (Exodus 21:5): “he shall then remain his slave for life.” To him, but not to his son. But if he [i.e., the slave] is sold and the master dies during the six years, he serves the son, as it says, (Exodus 21:2): “he shall serve six years,” whether to him or to his son. And specifically for a son who serves all six [years] if the master dies, but for a daughter or a brother or others who inherit, he does not serve, as it is written (Deuteronomy 15:12): “[If a fellow Hebrew, man or woman, is sold to you,] he shall serve you six years, [and in the seventh year you shall set him free,” to you, but not to those who inherit. And the Hebrew bondwoman acquires herself with the death of the master like the bondsman who has his ear bored through, as it is written concerning the bondsman who has his ear bored through (Deuteronomy 15:17): “Do the same with your female slave.”

בפרשת מועדות שבתורת כהנים – “When an ox or sheep or a goat [is born…]” (Leviticus 22:27 – it begins the verse before and extends to Leviticus 23:44). It is dealing with the first day. But nowadays, it is the general practice that on the first day [of Passover] we read: “Go, pick out [lambs for your families…]” (Exodus 12:21 through verse 51), and we recite the Haftarah concerning the Passover in Gilgal (Joshua 3:5-7 and Joshua 5:2-16 and 6:1, 27); on the Second Day [of Passover” we read [in the Torah]: “When an ox or sheep or a goat [is born…]” (Leviticus 22:26-23:44). And we recite the Haftarah of the Passover of [King] Josiah (II Kings 23:1-9; 21-25 – though Bartenura errantly lists chapter 22). On the third day, [we read]: “Consecrate to Me every first-born” (Exodus 13:1-16). On the fourth day, [we read]: “If you lend money to My people…” (Exodus 22:24-23:19); on the fifth day [we read]: “Carve [two tablets of stone like the first…” (Exodus 34:1 – though today, the Torah reading, if it is Shabbat Hol HaMoed/the Intermediate Sabbath, begins with Exodus 33:12 and extends to Exodus 34:26); on the sixth day, [we read]: “Let the Israelite people offer the Passover sacrifice at its set time” (Numbers 9:2 – but the reading begins at Numbers 9:1 as pointed out in the Bartenura commentary – and extends to Numbers 9:14); on the seventh day, the Song at the Sea of Reeds (Exodus 13:17 – which extends to Exodus 15:26); and we recite the Haftarah: “And David spoke” (II Samuel 22:1-51). On the eighth day, which is the last day of Yom Tov in the Diaspora, we read [from the Torah]: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17) and recite from the Haftarah: “This same day at Nob He will stand [and wave his hand]…” (Isaiah 10:32 through verse 34, Isaiah 11:1-16 and Isaiah 12:1-6). On Shavuot/Atzeret, on the first day of Yom Tov,[we read in the Torah]: “In the third month…” (Exodus 19:1 through Exodus 20:23) and recite the Haftarah of the Chariot of Ezekiel (Ezekiel, 1:1-28 and 3:12; on the Second Day of the Diaspora, [we read in the Torah}: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17] and recite from the Haftarah Habbakuk (Chapter 3, verses 1-19; there is a Sephardic practice to extend the reading from Habbukuk 2:20-3:19). On Rosh Hashanah [we read in the Torah]: “And God took note of Sarah” (Genesis 21:1 through verse 24) for on Rosh Hashanah, Sarah was remembered, and we recite from the Haftarah of Hannah (I Samuel 1:1 through chapter 2, verse 10) as she too was remembered on Rosh Hashanah. On the Second Day of Rosh Hashanah, [we read in the Torah] the Akedah/the Binding [of Isaac] (Genesis, chapter 22, verses 1 through 24) and we recite the Haftarah portion: “Truly, Ephraim is a dear son to Me…” (verse 20 is the verse quoted at the conclusion of the Haftarah – of chapter 31 of Jeremiah – the Haftarah begins at verse 2). On Yom Kippur morning [we read in the Torah]: “After the death” (Leviticus 16:1 – the reading extends to the end of the chapter, verse 34) and we recite the Haftarah portion: “[For thus said] He who high aloft forever dwells” (verse 15 of the Haftarah from Isaiah that begins with chapter 57 verse 14 and concludes in Isaiah chapter 58 verse 14). At Minhah/Afternoon Service, [we read from the Torah]: the [laws of] incest (Leviticus chapter 18, verses 1-30) and recite the Haftarah [of the book of] Jonah. On [both] of the first two days of Yom Tov of “the holiday” (i.e., Sukkot), [we read from the Torah]: “When an ox or sheep or goat [is born]…” (Leviticus 22:26-23:44) and on the first day, we recite the Haftarah: “Lo, the day of the LORD is coming…” (Zechariah 14:1 and continuing to verse 21), and on the Second Day [of the Holiday], we recite the Haftarah: “All the men of Israel gathered [before King Solomon at the Feast…]” (I Kings, chapter 8, verses 2-21). And all the rest of the days of the Holiday (i.e., Sukkot), we read the sacrifices of the Holiday. How so? On the third day, which is the first day of Hol HaMoed, the Kohen reads, “And on the second day” (Numbers 29:17 and onwards to 19), the Levite reads: “And on the third day” (Numbers 29:20-22) and the Israelite reads: “On the fourth day” (Numbers 29:23-25), and the fourth Aliyah returns and reads: “On the second day” (Numbers 29:17-19) and “On the third day” (Numbers 29:20-22). On the fourth day (which is the second day of Hol HaMoed), the Kohen reads: “On the third day” (Numbers 29:20-22); the Levite reads “On the fourth day” (Numbers 29:23-25); the Israelite reads: “On the fifth day” (Numbers 29:26-28), and the fourth Aliyah reads: “On the third day” (Numbers 29:20-22) and “On the fourth day” (Numbers 29:23-25) and similarly for all of them. On the concluding day of the Holiday (i.e., Shemini Atzeret, as we know it today), [we read from the Torah]: “All male firstlings” (Deuteronomy 15:17 through Deuteronomy 16:17 – but today, if Shemini Atzeret occurs on Shabbat, we begin the Torah reading at Deuteronomy 14:22). And we recite the Haftarah: “When Solomon finished [offering to the LORD]…” (I Kings 8, 54-66), and on the morrow, we read [from the Torah]: “And this is the blessing” (Deuteronomy 33:1-through the conclusion of the Torah, Deuteronomy 34:12. The Bartenura does NOT mention the reading of the first chapter of Genesis as well). And we recite the Haftarah: “And it came to pass after the death of Moses” (Joshua, 1:1-18). And on the Shabbat that falls on Hol HaMoed/the Intermediate Days, whether for Passover or Sukkot, we read [from the Torah]: “See, You say to me…” (Exodus 33:12-34:26), and recite for the Haftarah: On Passover – The Dry Bones (Ezekiel 37:1-14) and for Sukkot: “When Gog sets foot [on the soil of Israel]…” (Ezekiel 38:18-39:16), for the tradition is in our hands that the Resurrection of the Dead will someday occur during Passover, and the War of Gog and Magog on Sukkot.

אל הדלת או אל המזוזה TO THE DOOR OR TO THE DOORPOST — From this statement you might think that the doorpost is also a proper thing upon which the servant’s ear may be pierced! Scripture, however, states, (Deuteronomy 15:17) “[Then thou shalt take an awl], and thrust it through his ear and into the door” — into the door but not into the doorpost. If this be so, what is the purpose of Scripture stating here “[to the door] or to the doorpost”? By this juxtaposition it only compares the door with the doorpost. What is the characteristic of the doorpost? It is something perpendicular! So, too, the door must during the act of performation be in a perpendicular position (on its hinges), not detached as, for instance, lying on the ground (Mekhilta; Kiddushin 22b).