1)

Why does the Torah use the double expression "Im Tarof Yitaref"?

1.

Oznayim la'Torah: Because when wolves attack, 1 the shepherds tend to band together to beat them off, and the Pasuk speaks where, despite the efforts of the shepherds, the wolves succeeded in snatching a sheep. 2


1

One wolf is considered Peshi'ah.

2

Oznayim la'Torah: That also explains why the Torah obligates the Shomer to bring witnesses by T'reifah. Refer to 22:12:2:1.

2)

What is the significance of the 'Hey' in "ha'T'reifah Lo Yeshalem"?

1.

Rashi: It indicates that he is only Patur for certain cases of T'reifah - via a wolf, a lion a bear or a snake, which he could not have prevented on his own, but not via a cat, a fox or a marten, which he could.

3)

What are the connotatins of "Yevi'ehu Eid"?

1.

Rashi and Targum Yonasan #1: It means that he must bring witnesses to testify that it became a T'reifah be'Oneis. 1

2.

Ramban (citing Ibn Ezra) and Rashbam: It means that he brings a part of the torn carcass 2 (Moshav Zekenim - or the skin) to substantiate his claim.

3.

Seforno and Targum Yonasan #2: He must bring the carcass to Beis-Din (for identification), 3 plus two witnesses 4 that it became a T'reifah be'Oneis. 5

4.

Bava Kama, 10b: The word reads "Ad" is punctuated with a 'Patach' and the last Pasuk reads "Yevi'eihu Ad ha'T'reifah, ha'T'reifah Lo Yeshalem (as if "T'reifah was written twice). And it teaches us that the onus of looking after the Neveilah lies on the owner, 6 not on the Mazik.


1

Refer also to 22:12:0.1:1.

2

See Amos, 3:12 (Ramban Ibid. and Rashbam).

3

See also Torah Temimah (citing Aba Sha'ul in Bava Kama, 11a, who Darshens the word "Eid" to mean 'Yavi Adudah [the carcass] le'Beis-Din').

4

Seforno, citing Sotah 2a: Wherever the Torah says "Eid", it means two witnesses. See also Sifsei Chachamim.

5

Peirush Yonasan: Because the word "Eid", which can be read 'Ad', has a dual meaning. See also Na'ar Yonasan.

6

See Torah Temimah, note 142.

QUESTIONS ON RASHI

4)

Rashi writes that he brings witnesses that it became a T'reifah be'Oneis. How will he have witnesses in the field?

1.

Moshav Zekenim (citing R. Asher): When the Shomer sees a lion coming, he calls others to help him chase it away.

5)

Rashi writes that in some cases of T'reifah (Oneis) he is Chayav - when he could have saved the animal. If so, the one who holds that a renter is like a Shomer Sachar, what is the source to exempt him from Oneis?

1.

Because if he could have saved, then he is not an Oneis! 1


1

I do not understand why the Moshav Zekenim left this difficult. - PF).

6)

Rashi writes that he brings witnesses that it became a T'reifah b'Ones. What is the Chidush that witnesses exempt him?

1.

Riva (in Pasuk 14): In a place where witnesses are common, he must bring witnesses; He is not believed with a Shevu'ah.

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