Why does the Torah write "Im Kofer Yushas Alav"?


Rashi: This is one of three cases where "Im" is not conditional. 1


Ramban: Because, since Kofer is a Kaparah (like Korbanos), should he opt not to go to Beis-Din, they will not obligate him to pay. 2


Seforno: Because he is only Chayav to pay Kofer in the event that witnesses testify that the Mu'ad gored.


Targum Onkelos and Targum Yonasan: Following on from the previous Pasuk, the Torah is simply stating that, in the event that Beis-Din obligate him to pay Kofer, then he pays and is Patur from Misah.


Rashi (20:22, from the Mechilta) cited three cases, and this was not among them! Refer to 20:22:1:1**.


Ramban: And even if he does go to Beis-Din, and Beis-Din obligate him to pay, they will not coerce him to pay by taking a security until he pays (as they do in the case of someone who is Chayav a Chatas). Targum Yonasan however, refers to the payment as a Kenas (a fine), in which case it seems that Beis-Din will force him to pay.


The value of whose "Soul" must he pay?


Rashi: This is a Machlokes Tana'im in the Mechilta: According to R. Yishmael - the value of the victim; according to R. Akiva - the value of the owner of the ox. 1


See Ba'al ha'Turim.

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