אִם־יָק֞וּם וְהִתְהַלֵּ֥ךְ בַּח֛וּץ עַל־מִשְׁעַנְתּ֖וֹ וְנִקָּ֣ה הַמַּכֶּ֑ה רַ֥ק שִׁבְתּ֛וֹ יִתֵּ֖ן וְרַפֹּ֥א יְרַפֵּֽא׃ (ס)
他若能起來，憑自己的力量在外面行走，打他的人就可免罪；只是要賠償他停工的損失，並要負擔醫治的費用，使他完全痊癒。
Tze'enah Ure'enah
“Has to take to bed” [21:19]. When a person beats his friend with his fists or with a stone and he takes to bed, and as a result cannot do his work. The aggressor is put in prison until he is healed. However, in any event he has to pay what he would have earned during the illness. If he chopped off a hand or a foot, then they value what the hand or foot is worth to a person and he should pay for the hand or the foot. They value the work that he could have done during the illness, when he is without hand or foot. That is, he can at least guard a garden, then he must pay him what someone who guards a garden is paid.19Ramban, Exodus, 21:24.
Rashi
על משענתו (lit., with that on which he relies) — i. e. his former healthy state and vigour (Mekhilta; cf. Onkelos).
Ramban
IF HE RISE AGAIN, AND WALKS ABROAD ‘AL MISH’ANTO’ — “in his former healthy state and vigor.” This is Rashi’s language. And Rabbi ibn Ezra said that the reason why this word [which means literally: “support”] is used, is to tell us that he must not be dependant upon others for the ability to walk, like an invalid, but must walk by himself;132Thus according to Rashi mish’anto is “his physical strength;” according to Ibn Ezra, it is “his leaning” or “support.” Ramban will proceed to explain it in its literal sense — “on his staff.” Almost all translations follow Ramban’s interpretation. only then shall he that smote him be quit from prison.
In my opinion, mish’anto is to be understood in its literal sense, [a staff], just as in the verses: every man with ‘mish’anto’ (his staff) in his hand for old age;133Zechariah 8:4. ‘mish’eneth’ (the staff) of this bruised reed.134II Kings 18:21. Scripture is thus stating that if the injured person’s health improves sufficiently to enable him to go out walking as he wishes in the streets and in the broad ways135Song of Songs 3:2. with his staff, like those healed from some prolonged disabling injury, then shall he that smote him be quit; and it further teaches us that even if the injured man is careless later about his health and dies after that in his weakness, the assailant is free from the death penalty. Scripture says and he walketh abroad because it speaks of the customary way of life, for injured men who were laid up in bed do not go out walking again until their wounds have healed and they are out of danger, this being the sense of the phrase, and he walketh abroad, because if he just gets up and walks in his house on his staff, and then dies, the assailant is not free [from the death penalty].
In the words of the Mechilta:136Mechilta here on the Verse. “If he rise again and walketh. I might think this means within the house; Scripture therefore says, abroad. But from the word abroad I might think that even if he was wasting away [the assailant is still free from punishment]; Scripture therefore says, if he rise again.” This explanation too is very correct, that Scripture should be saying that if the injured man gets up completely from his bed and goes steadily outside — without having to go back to his bed when returning from outside, as is the way of those who continue to waste away — even though he is weak and has to lean upon a staff, the assailant shall be let off. In general all this is to be interpreted as being figurative, language expressing people’s practical conduct, and the basic rule is that he must have been assessed as being capable of recovery. This is why Onkelos translated al mish’anto: al boryeih (in his healthy state).
In my opinion, mish’anto is to be understood in its literal sense, [a staff], just as in the verses: every man with ‘mish’anto’ (his staff) in his hand for old age;133Zechariah 8:4. ‘mish’eneth’ (the staff) of this bruised reed.134II Kings 18:21. Scripture is thus stating that if the injured person’s health improves sufficiently to enable him to go out walking as he wishes in the streets and in the broad ways135Song of Songs 3:2. with his staff, like those healed from some prolonged disabling injury, then shall he that smote him be quit; and it further teaches us that even if the injured man is careless later about his health and dies after that in his weakness, the assailant is free from the death penalty. Scripture says and he walketh abroad because it speaks of the customary way of life, for injured men who were laid up in bed do not go out walking again until their wounds have healed and they are out of danger, this being the sense of the phrase, and he walketh abroad, because if he just gets up and walks in his house on his staff, and then dies, the assailant is not free [from the death penalty].
In the words of the Mechilta:136Mechilta here on the Verse. “If he rise again and walketh. I might think this means within the house; Scripture therefore says, abroad. But from the word abroad I might think that even if he was wasting away [the assailant is still free from punishment]; Scripture therefore says, if he rise again.” This explanation too is very correct, that Scripture should be saying that if the injured man gets up completely from his bed and goes steadily outside — without having to go back to his bed when returning from outside, as is the way of those who continue to waste away — even though he is weak and has to lean upon a staff, the assailant shall be let off. In general all this is to be interpreted as being figurative, language expressing people’s practical conduct, and the basic rule is that he must have been assessed as being capable of recovery. This is why Onkelos translated al mish’anto: al boryeih (in his healthy state).