פרשת ויצא תש"ג - לבן ויעקב

דרך שבעת ימים SEVEN DAY’S JOURNEY — During all the three days during which the messenger had gone to tell Laban Jacob had proceeded on his journey. Consequently Jacob was then six days distance from Laban. On the seventh day i.e. on the day when Jacob covered that stretch of ground which made him seven days distant from Laban’s starting point Laban overtook him. We may infer, therefore, that all the distance that Jacob would have taken seven days to cover Laban covered in one day. And thus it states: “and he pursued after him seven day’s journey” and it does not say “and he pursued after him for seven days” (Genesis Rabbah 74:6).

But God came to Abimelech in a dream of the night, and said to him: ‘Behold, thou shalt die, because of the woman whom thou hast taken; for she is a man’s wife.’

But God came to Abimelech in a dream of the night, and said to him: ‘Behold, thou shalt die, because of the woman whom thou hast taken; for she is a man’s wife.’

And God spoke unto Israel in the visions of the night, and said: ‘Jacob, Jacob.’ And he said: ‘Here am I.’

And God came to Laban the Aramean in a dream of the night, and said unto him: ‘Take heed to thyself that thou speak not to Jacob either good or bad.’

מטוב עד רע EITHER GOOD OR EVIL — why should he not speak good? Because all the good that the wicked do to the righteous is evil in the opinion of the righteous (Yevamot 103b).

לא נוכל דבר אליך WE CANNOT SPEAK UNTO THEE — refusing this proposition either by answering you with unpleasant words (i. e. a flat refusal) or by giving you a reasoned reply, for it is evident that the matter proceedeth from the Lord since, according to your statement, He brought her and you together.

And Jacob answered and said to Laban: ‘Because I was afraid; for I said: Lest thou shouldest take thy daughters from me by force.

These twenty years have I been with thee; thy ewes and thy she-goats have not cast their young, and the rams of thy flocks have I not eaten.

These twenty years have I been in thy house: I served thee fourteen years for thy two daughters, and six years for thy flock; and thou hast changed my wages ten times.

That which was torn of beasts I brought not unto thee; I bore the loss of it; of my hand didst thou require it, whether stolen by day or stolen by night.

If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep, and it die, or be hurt, or driven away, no man seeing it;

כי יתן איש אל רעהו חמור או שור IF A MAN GIVE UNTO HIS FELLOW-MAN AN ASS OR AN OX — The first section (v. 6—9) speaks of the gratuitous bailee and therefore (since the chattels are kept for the use of the bailor only) Scripture frees him of liability for theft, as it is written, (v. 6) “[If a man shall give … to keep] and it be stolen out of the man’s house, if the thief be not found, then the owner of the house shall approach the judges” to take an oath (cf. Rashi v. 7). You may learn from this that he (the bailee) frees himself from liability by this oath. This section (v. 9—12), however, speaks of a “bailee for payment” (שומר שכר) who is therefore not free from liability if the object has been stolen, as it is written, “but if it be certainly stolen from him, he shall pay [unto the owner thereof]” (Bava Metzia 94b). However, for any loss over which he has no control — if, for instance, the animal died a natural death or has been injured by a wild beast, or forcibly seized by robbers, and אין רואה NO ONE SEEING IT that could testify in this matter

ישלם שנים לרעהו HE SHALL PAY THE DOUBLE TO HIS FELLOW-MAN — Scripture teaches you that in a case of a bailment where one pleads that it has been stolen from him and it is proved that he himself has stolen it he is liable to pay “kefel” (twice the value of the article) to the owner. When, however, does this law hold good? In the case that he has taken an oath that it has been stolen from him and witnesses afterwards appear and testify to the contrary. For our Rabbis expound this phrase as follows: (Bava Kamma 63b) “and the owner of the house shall approach unto the judges” — this “approaching the judges” is an expression signifying the taking of an oath. You say that it means approaching the judges in order to take an oath, but perhaps this is not so, and it means that he approaches them to put his case, and that the meaning of the verse is. that as soon as the bailee appears before the court and denies any liability, saying, “it has been stolen” from me, he at once becomes liable to pay double if witnessess appear who testify that the bailment is still in his possession? You certainly cannot argue thus! For “conversion” (שליחות יד) is mentioned here and later on (v. 10) it is mentioned again: “Then shall the oath of the Lord be between the two of them, if he hath not put his hand (אם לא שלח ידו) unto his fellow-man’s goods”. — Now, what is the meaning of the phrase in the latter case? It is evident from what precedes it that it is a matter of taking an oath! So also here it is a matter of taking an oath. (Bava Kamma 63b).

הטרפה לא ישלם HE SHALL NOT PAY THAT WHICH HAS BEEN TORN — It does not say טרפה לא ישלם “one which has been torn he shall not pay for” — but it says “the torn one”, (the one mentioned here, viz., that which was torn without him being able to prevent it). Because there is a torn beast for which he has to pay and a torn beast for which he has not to pay. For an animal torn by a cat, a fox or a marten he has indeed to make restitution; but for one torn by a wolf, a lion, a bear or a serpent he is not liable to pay. But how do you come to make such a distinction (lit., who whispered to you to draw such a conclusion)? Because, you see, it states, “and if it die or be injured, or be captured”. Now what is the characteristic of natural death? One cannot save from it! Thus, also, the injury and the capture must be such that he was unable to save the animal from it (cf. Mekhilta d'Rabbi Yishmael 22:12).

יביאהו עד, any part of the carcass of the animal which had been devoured by a predator is acceptable as evidence of what had happened to it. We have a verse in Amos 3,12 describing the situation, כאשר יציל הרועה מפי הארי שתי כרעים או בדל רוזן, “as a shepherd rescues from a lion’s jaws two shank bones or the tip of an ear.”