ונמכר בגנבתו, if the Torah had not legislated this form of paying off one’s debt for theft most of the poor people of the nation would become thieves, knowing that they did not have to make restitution except with liquid assets. As a result of such lack of legislation civilisation would disintegrate into anarchy.

כי יבער איש שדה או כרם, within his own property, (originally)

ובער בשדה אחר, even if the animal had wandered off into someone else’s field without encouragement by its owner,

מיטב שדהו ומיטב כרמו ישלם, the quality of the restitution must consist of the best of the field or vineyard, seeing that animals wandering off to feed elsewhere is such a widespread phenomenon. [the author explains the apparent injustice of the restitution being worth more than the damage the injured party had sustained. Ed.]

כסף או כלים, examples of the items most commonly entrusted to one’s neighbour for safekeeping during the owner’s absence from his home. These are looked after on a reciprocal basis, no fee being charged for this service.

אם לא שלח ידו, if the trustee had done anything illegal with the object entrusted to him for safekeeping he is responsible even for accidents happening to said items.

אשר יאמר כי הוא זה, also if the accused says “this is the truth,” implying that only part of the accusation is true. This is what is called in Talmudic parlance מודה במקצת, a partial admission.

עד האלוהים יבא דבר שניהם, both claimant and defendant are to render an oath. It does not matter whether the subject matter under dispute is a loan and whether it has been repaid, or something entrusted for safekeeping; in either case the claim being admitted partially.

אשר ירשיעון אלוהים ישלם שנים, when the judges convict the guilty party this is equivalent to a conviction for theft, and the penalty is restitution of twice the amount under dispute. A false claim that something had been stolen is equivalent to the person making the claim being judged a thief.

חמור או שור או שה, under normal circumstances the poor people assume guardianship of such animals against payment of a fee.

יביאהו עד, we already explained that whenever the Torah uses the word עד in the singular mode what is meant are two witnesses who are acceptable to the court. אם טרוף יטרף, by some wild beast; presumably someone did witness the occurrence seeing there must have been other shepherds in the vicinity. What kind of testimony is expected of these witnesses?

הטרפה, that the situation in which the animal had been mauled or eaten was the kind of accident which the shepherd guarding it could not have been prevented by exercising greater care.

לא ישלם, the shepherd does not have to make restitution. If, however, the predators had eaten the animal under discussion due to insufficient supervision on the part of the shepherd, the shepherd has to make restitution. (compare Baba Metzia 93) In determining a reasonable fight which the shepherd has to put up against predators, Rashi quoting the Mechilta says that a solitary wolf is not something against which the shepherd is defenseless, neither are two dogs. Naturally, smaller animals and rodents are not considered as posing a threat to man.

אם בעליו עמו, during the time the animal performs the work for which it has been loaned out.

לא ישלם, the borrower. The reason is that under most circumstances, the animal has been loaned after both parties had agreed what kind of work it would be used for. Its status therefore is similar to that of a gift on the understanding that it would be returned. When one makes this kind of gift one does not draw up a list of conditions pertaining to the precise use the gift may be made of. If such a list of conditions had indeed been drawn up the nature of the entire transaction would have been nullified, it would no longer be classified as a temporary gift at all, but the owner would remain effectively the owner, so that non return, even deliberately, would not constitute a dereliction resulting in his being entitled to compensation from the “borrower.” The presence of the owner during any accident which had befallen the loaned animal is taken by the Torah as proof that he had never relinquished any part of his ownership, hence he is not entitled to compensation. One does not get compensation for losing what belongs to one.

זובח לאלוהים, to all the deities simultaneously. This is forbidden even though the worshipper includes Hashem in the address to which the sacrifice is tendered.

יחרם, the person will be executed and the offering itself is prohibited for any use whatsoever. Just as the false deities are to be banished totally, so those who believe in them. (compare Deuteronomy 7,26 )

לה' לבדו, excluding any possible partner.

לא תענון אם ענה תענה אותו; if, in the process of oppressing an orphan your intention was only to oppress him alone; if your “oppressing” him was in the nature of disciplining him in order to ultimately bestowing loving kindness on him after he responded to your rebuking him, your disciplining him is considered an act of loving kindness. [the author interprets verse 22 starting with the word אם as an alternative, moderating what has been written in verse 21. Ed.]

שמוע אשמע צעקתו וחרה אפי. I will have pity with the one who cries out to Me complaining against the harsh and unfair treatment he has to endure. G’d’s reaction to a Jewish individual guilty of such behaviour will be similar to His reaction to the prolonged abuse suffered by the Israelites at the hands of the Egyptians. Anyone guilty of such oppression of orphans or widows will bring about this kind of suffering for his own family members.

אם כסף תלוה, if this is an Israelite on whom the promise that “there will not be a destitute person among you” has not been fulfilled. (compare Deuteronomy 15,4) The individual in need of a loan is the one who became subject to another promise (threat) written in the Torah in Deuteronomy 15,11 כי לא יחדל אביון, “there will never be a total absence of destitute people, etc.” When such a situation arises the victim will require a loan.

ושמעתי כי חנון אני, even though the debtor cannot complain to Me about you, seeing he owes you repayment for a loan, if he nonetheless cries out to Me complaining about his economic situation which causes him to be practically naked seeing you took his clothing as security for his overdue loan, I will give him part of what I had intended to give you as recognition of your supplying his needs. If you had been granted more financial means than you needed, the only reason was so that you could use your excess to assist the needy.

כי חנון אני, I will therefore display My compassion for anyone who has no one else to turn to. It is in your own interest then to demonstrate your compassion by returning his pledge to him when he is in need of it. If you will do this you will ensure that I will not withdraw My compassion from you. This, in turn, will enable you to extend loans to other needy people.

אלוהים לא תקלל, even though you may feel that the judge has judged you unfairly, you must not curse him. The reason is that no individual can judge his own guilt or innocence objectively.

ונשיא בעמך לא תאור, cursing the legitimate authority of a country, its official rulers, will frequently result in the whole population experiencing the negative fallout of such curses. Compare what Solomon has to say on this in Proverbs 24,21 “fear the Lord my son, and the king; do not associate with those who keep changing.” [the author appears to read into above verse that hereditary royalty is to be obeyed in preference to elected rulers who are elected only for a limited period of time, and can be replaced by the will of the people even during their term of office. Ed.]

מלאתך, the heave for the priest of your grain harvest. The word מלאה appears to be borrowed from Genesis 41,22 where the good ears of corn in Pharaoh’s dream are described as such.

ודמעך, the parallel heave from your oil and grape harvest.

בכור בניך תתן לי, to perform all kinds of sacred duties. This includes service in the Temple, teaching Torah, something which in later periods became the foremost occupation of the priests, commented upon by Maleachi 2,7 with the line כי שפתי כהן ישמרו דעת והתורה יבקשו מפיהו, “for the lips of a priest guard knowledge, and men seeking rulings from his mouth, for he is a messenger of the Lord of Hosts.”

כן תעשה לשורך לצאנך, that you shall give to Me the firstborn which is not a prematurely aborted fetus. Our sages have said (Shabbat 135) that “a human baby which remains alive for 30 days is considered viable, not in the category of נפל, prematurely aborted. In the case of animals the parallel period is eight days.”

ואנשי קודש תהיון לי, the manner in which you will prove that you all are men of holy purpose is that you will allow your firstborns to be devoted to the service of Me and you will hand over the tithes, etc., stipulated as “My gifts,” [in matters of specific ritual, seeing that every Jew has to serve Hashem. Ed.] Initially, it was the task of the firstborn to teach the common people the details of Jewish law and ritual. When they do this the result will be והתקדשתם והייתם קדושים, “you will sanctify yourselves and remain holy” (Leviticus 20,7).

ובשר בשדה טרפה, even the kind of treifah which is neither ritually impure nor confers impurity at all. [if this is forbidden, נבלה, animals which die of other causes than ritual slaughter are certainly forbidden as food. Ed.]