(from Kol Eliahu on Mishpatim)
Two Hints by the Gra
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]
