Hagaon
Rav Eliahu of Vilna zt”l on Parshat Mishpatim
(from
Kol
Eliahu on Mishpatim)
Two
Hints by the Gra
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An
Eye for an Eye
The Sages have a tradition that the biblical pronouncement,
“An eye for an eye – ayin tachat ayin,” (Shemot
21:24) refers to a monetary payment.
The Gra shows how this is hinted at in
the words of the Torah.
Why,
he asks, did the Torah not use the more appropriate
“ayin baad (literally, for) ayin” instead
of “ayin tachat (literally, underneath)
ayin”?
“Tachat”,
he answers, hints that in the practical world
the Torah only demands monetary payment for the
loss of an eye.
The
Hebrew letters of the word “ayin” (eye) are “ayin”,
“yud”, and “nun”. The letters “tachat” them, = directly beneath them in the Hebrew
alphabet – are “fai” (one after “ayin”), “kaf”
(one after “yud”), and “samekh” (one after “nun”),
that form the word “kesef”, money. The Torah is hinting that for “ayin” you
should pay “tachat ayin” – “kesef”, money.
Opening
a Pit, Digging a Pit
The
Torah says (Shemot 21:33) that both one who opens
up a pit and one who digs a pit are responsible
for damages.
When the Torah writes the word pit, “bor”,
in the statement, “When one opens up a pit” –
“Ki yiftach ish bor”– it spells it “bet”, “vav”
“reish“ – using ktav malei” (literally, full writing,
used when letters are used to indicate vowel sounds). In the statement “When one digs a pit”
– “Ki yikhreh ish bor” – “bor” is spelled “bet”
“reish” – using “ktav chaseir” (literally, incomplete
writing, when just symbols are used for vowels,
not letters themselves).
This
hints to the Sages’ reading of the verse.
Opening up a pit refers to one who takes
the cover off a completely formed (at least 10
tefachim [handbreadths] deep) pit.
Digging a pit, though, refers even to one
who takes a partially dug pit and completes the
digging (so it is deep enough to be dangerous
– 10 tefachim).
Opening up a pit is therefore written in
“ktav malei” – full writing, and digging a pit
(even taking an incomplete pit and digging the
remainder until it is complete) is written using
“ktav chaseir” – incomplete writing, for it refers
to an incomplete pit that is later completed.
[prepared
by Eliezer Kwass]
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