תּלמוד אויף שמות 21:25

“Suffering: If he burned him with a spit, or with a nail, even on his fingernails where it does not cause a wound.” How is this¹⁵The Genizah and E texts do not have דמי; cf. Chapter 7, Note 50.? If he wounded him so that he lost blood, it already is written: “A wound for a wound¹⁶Ex. 21:25. Of the three expressions mentioned there, the third one, חַבּוּרָה, “contusion”, already seems to be subsumed under the first, כְּוִיָּה, “burn”, or the second, פצע, “open wound”. A similar discussion is in the Babli, 84b..” Why does the verse say “a contusion”? To tell you that if he burned him with a spit on the palm of his hand and it swelled, on the sole of his foot and it swelled, or he put snow or ice on him at a place which is not visible, he has to pay his medical expenses.¹⁷A somewhat different text is in Mekhilta dR. Ismael Neziqin 8: “If he wounded him so that he lost blood, it already is written: ‘A wound for a wound’; if he caused a contusion, is there not written ‘a contusion for a contusion’? Why is written ‘a burn for a burn’? To tell you that if he burned him with a spit on the palm of his hand or on the sole of his foot and it was not noticeable, or he put snow on his head and gave him a cold, he has to pay for his suffering.”

Ben Azai preached: “A dead fly will permanently spoil perfumer’s oil.⁶⁵⁸Eccl. 10:1; the translation follows Ibn Ezra.” Does not one dead fly spoil perfumer’s oil? And this person⁶⁵⁹Who has exactly as many merits as he has demerits. The Babylonian sources, Babli 40b, Tosephta 1:14, base a formally similar agument on Eccl. 9:18; but the Babli does not make the difference between the Worlds that are the main thrust of this paragraph. by one sin spoiled all merits he had. Rebbi Aqiba preached: “⁶⁶⁰Is.. 5:14. So the abyss opened wide and its mouth swallowed the one without law.” It does not say “without laws”, but “without law”, him who has not a single merit that should help him on the scale of merit⁶⁶¹The image is always that the deeds of a person are weighed on scales in Heavenly court; the person is found innocent if the scale containing his merits tilts the balance in his favor. A different interpretation is in the Babli, Sanhedrin 111a.. That is, for the Future World. But in this world, even if 999 angels plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? “If there is for him one angel out of a thousand, to tell a man his straightness. He will act with him in grace and say, let him be redeemed, not go down to destruction; I found weregilt⁶⁶²Job 33:23–24..” Rebbi Joḥanan said, if you find a saying of Rebbi Eliezer, son of Rebbi Yose the Galilean, bend your ear like this funnel and listen, since Rebbi Joḥanan reported that Rebbi Eliezer, the son of Rebbi Yose the Galilean, said: Even if 999 angles plead for his conviction and one angel pleads for his acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. Not only this entire angel, but if 999 aspects of that angel plead for conviction and one aspect for acquittal, the Holy One, praise to Him, lends His weight to the scale of merit. What is the reason? It does not say, “if there is for him one angel of a thousand,” but “one out of a thousand”, one aspect out of a thousand aspects of that angel. What is written afterwards? “He will act with him in grace and say, let him be hurt, not go down to destruction; I found weregilt.” “Let him be hurt,” by suffering⁶⁶³R. Eliah Wilna points out that the Talmud reads פְּדָעֵהוּ as Aramaism, equivalent to Hebrew פְּצָעֵהוּ (cf. Onqelos and Pseudo-Jonathan to Ex. 21:25).. “I found weregilt,” he found means to redeem himself. That is, in this world. But in the Future World, if he has a majority of merits, he inherits paradise; a majority of sins, he inherits hell. If he was 50–50. Rebbi Yose ben Ḥanina said, “he carries his iniquity.⁶⁶⁴Ex. 34:7, Micah 7:18. R. Yose ben R. Ḥanina holds that the person with an equal number of merits and demerits is found guilty. But in Peah1:1, Sanhedrin 10:1, and the Babli, Roš Haššanah17a, R. Yose ben R. Ḥanina is credited with the opinion attributed here to R. Abbahu, who is not mentioned in the other sources. Everybody seems to agree that in the Heavenly Court, no more than one transgression will be forgiven.” Rebbi Abbahu said, it is written: “He carries.” What does the Holy One, praise to Him, do? He grabs one of his demerits, and the merits decide⁶⁶⁵R. Abbahu holds that the person with an equal number of merits and demerits is found not guilty.. ⁶⁶⁶Babli Roš Haššanah 17b. Rebbi Eleazar said: “You, Eternal, are acting in grace, for You will complete for everybody according to his deeds.⁶⁶⁷Ps. 62:13.” And if he has none, You will give him from Yours. That is Rebbi Eleazar’s opinion, for Rebbi Eleazar said, “You, Eternal, are acting in grace,” this teaches that He turns to the aspect of grace⁶⁶⁸He also holds that the person with an equal number of merits and demerits is found not guilty..