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EXODUS — 21:22 fined

EXOD582 Some religions, such as the Catholic Church, believe that life itself begins at conception. Others believe that life begins only at birth and that prior to birth there is no life concept at all. Where does Judaism stand on this issue, whose corollary will determine the view on abortion? Unlike the two "extreme" views, Judaism believes that taking the life of a fetus does not receive the death penalty in the time that the religious court system was functioning), as does one who takes the life of a one-day-old infant Maimonides, Hilchot Rotze'ach 2:6. A baby a day old (or a few minutes old) is treated as a full life in every way and has equality of life with the mother. Sanhedrin 72b However, a fetus has worth in Judaism, as a potential life, if not actual life, and therefore one who accidentally destroys a fetus pays a fine, according to Jewish law, but is not totally exempt in the eyes of the Torah [this verse] According to some opinions Maimonides, Hilchot Rotze'ach 1:9, the fetus is considered an actual life, but since it has not yet been born and has not yet shown that it is viable, it is treated only as potential life. Other opinions Rashi on Sanhedrin 72b state that until the fetus is born, it has no status of a life at all. Either way, the status of the fetus is potential, not actual life. Therefore, abortions are permitted in Judaism only if it is to save a life of the mother Mishnah, Ohalot 7:6 since that is a case of actual life versus potential life. But one may not abort a fetus for any other reason except to save an actual life, since the fetus' status as a potential life is sacred as well. Some authorities have extended the concept of saving the mother's life to the psychological sphere as well, so that if there is a potential that the mother's life maybe threatened, for example, the mother may commit suicide if she has to child, these authorities permit abortion. Responsa of Tzitz Eliezer, vol. 7, sec. 48, chap. 1, para. 8 and vol 8. sec. 36.

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EXODUS — 21:22 reckoning

EXOD587 Many cynics may conclude that prayer really has no purpose: If the person deserves what he or she asks for a, he or she will get it without prayer. If the person does not deserve it, prayer will not help anyway. In addition, why should God need our prayers--doesn't He know our thoughts? Does He need to be praised or asked? To answer these questions, one must look at the Hebrew word "to pray," which is lehitpallel. Technically, the word has nothing to do with prayer. The root, based on the text in [this verse], means to judge, as explained by the Talmud. Megillah 15b. The word lethitpallel is the reflexive form of the word. Therefore, the word technically means "to judge oneself." Thus, all Jewish prayer translate as judging oneself and involves just that. God does not need our prayer, but we do. Each time a Jew prays, he or she is supposed to judge himself or herself and make an honest reckoning of good and bad. This allows the person to understand if he or she is worthy of what is being asked for. Through prayer, the person should grow, not God.

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EXODUS — 21:37 five

EXOD616 A thief is obligated to pay back four times the value of a calf stolen but five times the value of a large animal such as an ox. When the Talmud Bava Kamma 79b asks why the different amounts, Rabbi Yochanan says that Judaism even cares about the dignity of the thief. Since he had to carry the calf on his shoulders (an undignified act) he pays only four times the value, but as the ox could walk under its own power, the thief pays five times the amount.

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EXODUS — 22:20 strangers

EXOD647 Human beings generally remember events of the past, recalling the highlights accompanied by good or bad feelings. To the Jew, however, remembering is not enough. In remembering, the Jew must actually re-experience the event. Thus, Jews recite on Passover evening (Hagaddah, before drinking the second cup of wine) that in each generation each Jew must see himself or herself as if he or she personally went out of Egypt. Specifically, regarding the slavery in Egypt, this particular experience must not only be remembered, but it must affect the Jewish personality in many of his or her activities. Thus, remembering the Egyptian experience is tied to Jewish behavior with a stranger in the community [this verse] as well as in the manner in which to Jew should experience the Shabbat. Deuteronomy 5:15 It may be said that this concept of reexperiencing Egypt should be extended to all experiences in Jewish history. Thus, remembering for the Jew must impact on his or her psyche and character, concretely affecting Jewish actions. Jewish sensitivity for all time is affected by remembering Egyptian experience and Jewish history that might have a similar impact.

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EXODUS — 22:20 strangers

EXOD648 In a Jewish society, it is the non-Jew who is the stranger, the one who is most different. The mitzvah most often repeated in the Torah is not the commandment to keep the Sabbath, kashruth, or any ritual law. The commandment repeated 36 times is the mitzvah to love the stranger and to treat him or her properly. Bava Metzia 59b. The Torah is replete with references to this effect. (A few of the verses are this verse, Leviticus 19:34, 25:35; Deuteronomy 10:18 – 19, 24:17.) The Torah emphasis against mistreating a stranger, that is, discriminating against him because he is different, cannot be explained because non-Jews were so prevalent in ancient Jewish society. We know the opposite to be true--there were relatively few "strangers" living among the Jewish population. Why, then, does the Torah choose to stress this commandment more than all the others? The Sefer Hachinuch, Mitzvah #63 explains that the purpose of this mitzvah is to teach ourselves not to do evil against or not even to think evil about the most helpless and defenseless in society. The non-Jew, the stranger, is the easiest and safest target since it is difficult to fight back. That is why the Torah emphasizes this mitzvah 36 or 46 times. How we treat a stranger, the most defenseless, becomes a moral barometer of society in general. If we can be sensitive to treat the most defenseless person fairly and with kindness, it is clear that we will treat everyone else with his sensitivity as well. Thus, by commanding Jews to love this stranger and relate to him or her without prejudice, we will develop this feeling of kindness to all people in society.

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EXODUS — 22:20 strangers

EXOD651 The Midrash Tanchuma, Lech Lecha 6 tells us that God favors the strangers over all other human beings. The Talmud Bava Metzia 58b states that he who makes the stranger suffer, either verbally, physically or financially, violates either three or five separate sins. Nachmanides (commentary on this verse) comments that Jews should never think that they can discriminate against a stranger and get away with it. God specifically repeats that He will watch over the stranger and the other downtrodden to ensure that Jews do not demonstrate prejudice. Maimonides Hilchot Melachim 10:12 states that non-Jews living in a Jewish society must be given the same basic rights as Jews have.

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EXODUS — 23:5 burden

EXOD802 It also seems that the needs of an animal, even a stranger's animal, come before a person's own feelings. The Torah commandment is to help an animal that has a burden, whether by helping to load the animal or to unload the animal. Since an animal already carrying a burden is in more pain, the mitzvah to help unload an animal takes precedence over helping to load an animal. Normally, one would help unload the animal of a friend before helping to unload the burden of an animal of an enemy. However, what if the friend's animal is loading and the enemy's animal is unloading? Do the needs of the animal take precedence, that is, unloading over loading, or do your personal feelings take precedence, that is, helping a friend over an enemy? Maimonides Hilchot Rotze'ach 13:13 based on the Talmud Bava Metzia 32b tells us that the needs of the animal take precedence over your own feelings and you must first unload your enemy's animal.

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EXODUS — 23:5 burden

EXOD804 The first Jewish Diaspora and slavery, according to the Talmud Megillah 16a came about only because of hatred. The hatred of Joseph's brothers caused them to sell him and eventually bring the Jews down to Egypt. The definition of a Jewish hero is not measured in terms of physical prowess. According to the Avot DeRabbi Natan 23 the ultimate Jewish hero is he who can turn one's enemy into a friend. Maimonides Hilchot Rotze'ach 13:13 informs us that the Torah attempted to eradicate feelings of hatred by commanding the Jew to help unload the animal of his enemy.

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EXODUS — 23:7 falsehood

EXOD835 Beit Shamai asks Beit Hillel: how can you lie and say the bride is beautiful if she is lame, for example? Isn't it a violation of the Torah commandment to keep far away from a lie? Beit Hillel answers with an analogy about goods purchased in the marketplace. If a man spends a lot of time and a lot of money selecting an item and then asks you what you think of the item, what will you answer? Beit Shamai said that they would say it was beautiful, implying that they gave this answer so as not to insult the person and because to him the item is indeed special. Beit Hillel said the same thing is true with any bride. To the groom, she must be beautiful, even if lame. From this discussion, we can deduce that Beit Shamai measured beauty in objective terms, and if the bride is not objectively beautiful, it would be a lie to say that she is. Beit Hillel, on the other hand, believes that beauty is indeed subjective, "in the eyes of the holder," and thus to every groom she is indeed beautiful. Saying that she is beautiful is not a lie. Shulchan Aruch Even Ha'ezer 65:1 codifies according to Beit Hillel, implying that beauty in Judaism is indeed a subjective quality.

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