Thursday, February 12, 2026

What Gavin Newsom Did With 90 Million Dollars California Doesn't Have

U.S. - Planned Parenthood has long been seen as a reliable provider of unborn baby murder. Unfortunately, however, more and more women around the country are choosing to let their children live, which has hurt Planned Parenthood's bottom line in recent years. 

In a brilliant move to recover lost revenue, Planned Parenthood has added transgender hormones and surgery to their list of services, enabling them to make money off the kids who escape abortion by carving up and maiming them after they're born in the name of trans rights.

"Butchering and maiming children has always been my life's passion," said Planned Parenthood doctor Damien Ghoul as he rubbed his hands together and smiled. "Now, thanks to gender ideology and our new 'gender services,' I can carve up kids from kindergarten to high school as well as in the womb! Woo hoo!" 

Planned Parenthood has written sex-ed curricula for schools across the country to ensure kids become gender-confused and enter the Planned Parenthood sales pipeline at a very young age. They hope that with time, they will accomplish their goal of murdering, drugging, or butchering every last child in the country.

"We are proud of the work we do at Planned Parenthood," said Dr. Ghoul. "Who knows--the next child we serve could be yours!" 

Dr. Ghoul then sprouted leathery wings and screeched an ancient Sumerian incantation before sinking into the ground in a plume of fire.

The Debacle In California

In related news: California may be broke — but Gavin Newsom and the Democrats will always find money for abortion.

On Wednesday, California Gov. Gavin Newsom signed a bill directing $90 million in public funds to Planned Parenthood. So now there is 90 million dollars to kill innocent babies or carve them up if they are lucky enough to be born.   

Budgetary Math: A Win-Win

State officials argue that the $90 million is actually a cost-saving measure. By eliminating the need for future public schools, pediatric care, and those annoying "Baby on Board" stickers that obstruct rearview visibility, the state expects to save billions by 2040.

While some extremist groups suggest that 90 million dollars could be used for, say, affordable housing or improving the foster care system, the Newsom administration dismissed these ideas as "nostalgic for the 1950s."

"Choice doesn't stop at the exit of the birth canal," Newsom concluded, flashing a smile that could blind a medium-sized bird. "In California, we believe that 'Life, Liberty, and the Pursuit of Happiness' is an outdated phrase, better substituted by 'Death, Liberty and the Pursuit of Annihilationism'".

---

All satire aside: For a בן נח, abortion is a capital offense no less than murder. And this supporter of mass murder wants to be the next President of the USA. 

For the Left - this is all about "reproductive health" and "gender affirmation". They butcher language like innocent babies. 


Be A Good Friend

Our parasha concludes with Moshe Rabbeinu ascending Mount Sinai to receive the Tablets of the Covenant. Surprisingly, Yehoshua is mentioned together with Moshe:

"And Moshe arose, and Yehoshua his servant, and Moshe went up to the mountain of God." (Shemot 24:13)

Rashi wonders:

"I do not know what Yehoshua is doing here. But I say that the disciple escorted the teacher up to the place where the boundaries of the mountain were set — beyond which he was not permitted to go — and from there, Moshe ascended alone to the mountain of God."

Rashi draws the logical conclusion — the disciple went to accompany his teacher. And what happened afterward? Did the disciple perhaps return to the camp? Based on the continuation of the Chumash, Rashi proves that he did not:

"And Yehoshua pitched his tent there and waited there all forty days, as we find when Moshe descended, 'And Yehoshua heard the voice of the people as they shouted' (Shemos 32:17) — we learn that Yehoshua was not with them."

Yehoshua had no idea at all what was happening in the camp! From this we see that he waited for his teacher at the foot of the mountain for the entire forty days.

Indeed, Yehoshua's loyalty to Moshe is the central trait that characterizes him repeatedly throughout the Torah:

After the sin of the Golden Calf, when Moshe pitched his tent outside the camp, the Torah testifies: "And his servant Yehoshua bin Nun, a youth, did not depart from within the tent" — meaning, even though the natural place for a Jew is within the camp, Yehoshua was outside the camp, together with his teacher.

When Eldad and Medad prophesied in the camp, Yehoshua saw it as an affront to Moshe and rushed to defend his honor.

In the sin of the spies, the first to confront those who slandered the land was Calev. Yehoshua joined him only after the spies' words caused the people to complain against Moshe and Aharon.

Chazal add that manna descended for him privately, in the place where he stayed, during those forty days (Yoma 75b-76a).

It seems, therefore, that this was Yehoshua's central role in the Torah: Yehoshua's figure illuminates Moshe's figure as someone who has a person loyal to him until the end.

Looking at Tanach shows that this is a trait characterizing the righteous: they have friends loyal to them until the end.

Avraham Avinu had three friends willing to go out to war with him — Aner, Eshkol, and Mamre.

When Yehonason went up to fight the Philistines alone, he did not go alone. He had with him his armor-bearer. This was almost a mad action — two against many, from bottom to top. But his companion said to him: "Do all that is in your heart... behold, I am with you, as your heart is!"

When Dovid fled from Shaul, Yehonasan clung to him "for he loved him as his own soul" (Shmuel I 20:17). Later, when he fled from Jerusalem humiliated and despised, while all the elders of Israel followed Avshalom, there were still those who remained with David: a handful of loyal friends — Ittai the Gittite, Chushai the Archite, Barzillai the Gileadite. Good friends who revived him, literally providing him with food and water, protection, and companionship.

True, even the wicked sometimes have friends. But it is not true friendship that withstands the test. For example, Haman had his "lovers," but they loved him only as long as he was on top. The moment he fell, they were no longer called his lovers but his wise men; and then they did not encourage him but rather discouraged him: "If Mordechai, before whom you have begun to fall, is of Jewish seed, you will not prevail against him, for you will surely fall before him."

Similarly, in the story of Amnon and Tamar, Amnon had a friend named Yonadav son of Shima who advised him how to achieve his desire. But after Amnon died, Yonadav disclaimed responsibility and even justified the killing of Amnon.

We see that even when the wicked have friends, they are not true friends. I once heard from Rabbi Mordechai Auerbach in the name of Rabbi Simcha Bunim of Peshischa that we learn what true friendship is from the first true friend in the Torah — Yehuda's Adullamite friend who was willing to endure humiliations for him. A true friend is one who stands the test in time of trouble.

We have seen here that in Tanach, such loyal and courageous friendship is a clear characteristic of the righteous — and precisely of the righteous.

Chazal also extol the value of friendship. In Masechet Moed Katan, which deals with laws of mourning, the Gemara says that even for a friend one tears a great tear that is not sewn up, similar to tearing for a father and mother.

Although there are halachic opinions about this, see Shulchan Aruch Yoreh De'ah 340:8; and it seems that today we do not practice this way.

In Masechet Avos, one of the straight paths that a person should cleave to is "a good friend." And elsewhere they recommend "Acquire for yourself a friend."

In Avos de-Rabbi Natan we learn that friendship encompasses all areas of life:

It teaches that a person should acquire a friend for himself — to eat with him, drink with him, read with him, study with him, sleep with him, and reveal to him all his secrets: secrets of Torah and secrets of worldly conduct.

Avos de-Rabbi Natan, chapter 8

When we speak of friendship today, we usually mean a symmetrical relationship of friendship between people of equal status.

However, in the sources, the value of friendship is broader, and in fact, almost every relationship has an aspect of friendship.

For example, the Rambam sees the relationship between teacher and student as the most exalted type of friendship, which he calls "a friend of higher level." Moreover, even in the relationship between man and God there is a friendly dimension. The Gemara tells of a gentile who came to convert and wanted to learn the entire Torah on one foot. Hillel the Elder told him that the rule is "What is hateful to you, do not do to your friend." Rashi asks: How does this rule include the entire Torah? After all, there are many mitzvot between man and God! One answer Rashi suggests is that even the Holy One, Blessed be He, is called a "friend."

This is also true in marriage. When the prophet Malachi rebukes the men of Israel for taking additional wives over their original ones, he does not need to rely on any section in Shulchan Aruch. His words speak for themselves (Malachi 2:14):

"Yet you say, 'Why?' Because the Lord has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion and your wife by covenant!" How can you betray your companion?!

[Translated from an article by R' Greenberg]

You Thought You Married An Adult?

You marry the inner child of of your spouse, not the outer adult.

You don’t just marry the adult standing in front of you. You marry the kid inside them, the one who still flinches at rejection, still aches for safety, still remembers what it felt like to be unseen. Every partner carries an invisible backpack carrying their childhood: the praise they got, the shame they absorbed, the needs that went unmet.

That’s who shows up in conflict. That’s who gets activated when you walk away mid argument or go quiet when they need reassurance. That’s who lights up when you say “I’ve got you”.

We get fooled by the outer adult, the career, the confidence, the curated image. But peel that back and the relationship is really between two kids who still long for comfort, safety, and love without conditions.

Real intimacy begins when you stop fighting the outer adult and start responding to the fragile, messy, hurt child underneath. It means instead of reacting to the sharp words, you hear the fear behind them. Instead of shutting down when they demand too much, see the little one inside who once felt abandoned.

This doesn’t mean excusing bad behavior. It means recognizing what’s really happening: a child is asking for reassurance in the only way they know how. And when you can hold that truth, when you can meet the inner child of your spouse with steadiness, kindness, and boundaries, you stop recycling the same old fights and start building something healing.

Love is not about two polished adults shaking hands and saying, “let’s do life.” Love is about being brave enough to face the ghosts you both carry, to soothe each other’s wounds, to nurture the parts of you that never stopped needing. Giving each other a corrective love experience.

That’s where relationships transform, from surface connection to soul-level intimacy. That’s where love grows softer, deeper, and less conditional. Because when you care for the child inside your partner, you’re not just loving them, you’re helping them re-parent the parts of themselves that thought love was always going to hurt.

19 Ways To Grow As A Mentsch

In life, it is not always the one with the most Torah knowledge or the greatest physical strength who navigates the community most successfully—it is the person who possesses Middos. They understand their own Yetzer Hara (inclination), perceive the feelings of their fellow Jew, and act with Sechel (wisdom) and Anavah (humility). They have emotional intelligence. 

The following 20 principles reveal how a person of character interacts, communicates, and thrives within the framework of Derech Eretz.

1. Avoid Casual Indifference

Avoid saying "whatever" when asked for an opinion. It can signal a lack of Chesed or decisiveness. Instead, offer a choice: "I am happy with either option—what do you prefer?"

2. Guard Your Tongue

Never speak ill of others. Lashon Hara creates a spiritual barrier and eventually returns to harm the speaker.

"Who is the man who desires life... Guard your tongue from evil" (Tehillim 34).

3. Take Responsibility in Failure

When a communal or family project fails, avoid pointing fingers. First, look inward at your own role. People naturally respect a person of integrity, and they will be more willing to stand by you next time.

Vidui is אשמנו בגדנו etc. WE did wrong - not YOU did wrong.

4. Practice Holy Subtlety

It is wise to sometimes appear less knowing than you are. Leaving "space" in a conversation—giving others room to shine—protects relationships and prevents pride.

5. Protect Another’s Dignity

If someone stumbles or makes a mistake in public, do not mock them. Offer help or quickly change the subject to save them from Bushah (shame).

Shaming someone in public is akin to shedding their blood. גדול כבוד הבריות שדוחה לא תעשה שבתורה.

6. Use a Pleasant Countenance

Replace a cold nod with a warm, genuine smile. A friendly disposition eases tension and fulfills the mitzvah of receiving everyone with a "cheerful face."

הוי מקבל כל אדם בסבר פנים יפות - receive every person with a pleasant expression.

7. Celebrate Another's Simcha

Sincerely congratulate others on their achievements. To feel "Ayin Hara" (an evil eye) or jealousy only binds the soul; generous praise creates Ahava, Achva Shalom and Reyus.

It is much harder to rejoice at your friend's good fortune that to feel sympathy at his misfortune. 

8. Practice Restraint

Do not push yourself to the absolute limit just to prove a point. If someone challenges you, showing you can stop just short of the finish line demonstrates Gevurah (strength of character).

איזהו גיבור? הכובש את יצרו.

9. Argue with Calmness

In a disagreement, keep your voice low. Even if you are 100% right, yelling silences the truth. Present your view softly; this earns true respect.

מענה רך משיב חימה.

10. The Power of Silence

When someone hesitates to speak, do not rush them. Wait patiently. Silence often allows a person to find the courage to speak their truth.

כל ימי גדלתי בין החכמים ולא מצאתי לגוף טוב משתיקה - "All my days I have grown up among the wise and have found nothing better for my body than silence."

11. Honor Your Elders

With nagging or repetitive elders, remain patient and attentive. Even if you have heard the story a hundred times, respond with a smile. This is the essence of Kibbud Zekanim.

והדרת פני זקן!

12. Hide Your Successes

Never flaunt your wealth or your children’s accomplishments. Modesty (Tzniut) preserves peace and prevents the jealousy of others.

והצנע לכת עם השם א-להיך!

13. Maintain Boundaries

Do not allow others to treat you like a doormat. If you habitually comply with every demand, you lose the ability to serve Hashem with intention. Boundaries are a form of self-respect.

"חייך קודמין"!!

14. Empathize Without Meddling

When a friend complains, listen and acknowledge their pain. "I can see why that is difficult," is often better than giving unsolicited advice or trying to "fix" their life.

Do not judge your fellow until you have reached his place.

15. Value Your Time

Politely decline invitations that don't align with your spiritual or personal needs. You are the steward of the time Hashem gave you.

The first mitzva given to Klal Yisrael was to sanctify time!!

16. Control Your Anger

Even when justified, do not erupt in public. Find a private moment to express your disappointment. Anger is likened to idol worship because it replaces G-d with one's own ego.

טוֹב אֶרֶךְ אַפַּיִם מִגִּבּוֹר וּמֹשֵׁל בְּרוּחוֹ מִלֹּכֵד עִיר.

17. Practice Discretion

Do not reveal your inner struggles or secrets to everyone. Prudence preserves your spiritual stability.

הוֹלֵךְ רָכִיל מְגַלֶּה־סּוֹד וְנֶאֱמַן־רוּחַ מְכַסֶּה דָבָר - "A person of spirit conceals the matter."

18. Do Not Be a Taker

Never let others help you for free repeatedly without offering something in return. Relationships require a balance of Giving and Taking.

"A hater of gifts shall live."

19. Recognize Wisdom in Others

If someone instantly makes you feel comfortable and understood, realize they likely possess understanding. They are lowering themselves to meet you where you are.

Refining one's Middos is not about manipulation—it is about Tikun HaNeshama (refining the soul).

Eretz Yisrael - Not A "Safe Haven" For Jews

The t’fisa (perception) that Eretz Yisrael is just a "territory" or a safe haven for Jews is a fundamental error. It’s a chisaron in da'as. The Land is not a kinyan chitzoni (external acquisition)—it is an etzem (essence). It’s not just "ground"; it is living earth with a neshama.

The Chiluk Between Mitzrayim and Eretz Yisrael

To understand this, we have to look at the psukim in Eikev regarding the hanhaga (conduct) of the land.

Mitzrayim: The Torah calls it a place where you water the fields "with your foot" [רגל-הרגל]. It’s mechanical. It’s teva (nature). The Nile rises, you get water. You don’t need a kesher (connection) with the Ribono Shel Olam to survive there.

Eretz Yisrael: It’s completely different. It drinks water from the l’mtar hashamayim (rain of heaven). It demands tefillah. The hashgacha is constant—"The eyes of Hashem are upon it from the beginning of the year to the end."

The Amkus of the Brachos: Yaakov vs. Esau

Esav's Bracha: He gets "Mishmani ha'aretz" (fat of the land). It’s unconditional shefa. Whether he is a tzaddik or a rasha, the ground produces.

Yaakov's Bracha: It says "V'yiten lecha Ha'Elokim"—using the Shem Elokim, which implies Midas HaDin. Rashi puts it gevaldig: If you are rauy (worthy), you get. If not, you don't.

The Mashal: Why would we want a conditional bracha? The mashal is brought of a father and a king. If the King gives the son a lump sum for the year, they never talk. If he gives him a daily allowance, they have to meet every day. The tachlis of Eretz Yisrael is the Dveikus. The "lack" of water is actually the bracha, because it forces us to look up to Hashem.

L’Ma’aseh: The "Allergic Reaction" of the Land

This brings us to the harsh reality we see today—the balagan, the security issues, the internal strife. The Land is sensitive. It’s not "neutral ground." As the Torah warns in Acharei Mos: "V'lo saki ha'aretz eschem"—the Land literally vomits out those who defile it.

If we treat Eretz Yisrael like it’s Switzerland—just real estate and economics—the Land reacts. The "rebellion" we see from our enemies, the lack of sovereignty in Yerushalayim, is a siman that we are missing the point. We are trying to hold onto the guf of the land without the neshama.

One can't say that Eretz Yisrael is a "safe haven" because if the Jews sin - it stops being safe and starts being very dangerous. 

The Maskana:

We have to "change the diskette" [old expression]. The battle for Eretz Yisrael isn't political or military alone; it’s a battle of consciousness. We need to realize we are living in the King’s Palace, and the walls themselves are alive and reacting to our ruchniyus. Only when we grasp the segula of the Land can we truly settle it properly. [רי"ז] 

Vichodalta Mei-azov Lo: To Help Or Not To Help Unload - THAT Is The Question #1

 The Exegetical Tension: Question or Statement?

The shiur begins by analyzing the ambiguous phrasing of the verse: "If you see the donkey of your enemy lying under its burden, v’chadalta (and you would refrain) from helping him, azov ta’azov (you shall surely help) with him."

Rashi offers two seemingly contradictory interpretations of the word v’chadalta:

The Pshat (Literal/Rhetorical): It is read as Bitmiya (bewilderment). Rashi interprets it as: "Could you possibly refrain from helping him? No! You must surely help." This reading emphasizes the moral imperative to overcome personal animosity.

The Drash (Homiletic/Halachic): Rashi, citing the Mekhilta, suggests that v’chadalta can be read as a statement of permission: "Sometimes you help, and sometimes you refrain."

The Halachic Exceptions: When Do We Refrain?

The shiur explores the specific scenarios where the Drash applies—where one is legally exempt from the mitzvah:

Zaken V’eino L’fi Kvodo: An elder or dignitary for whom manual labor is undignified. If such a person would not unload their own animal due to their status, they are not obligated to unload another’s.

Behemas Nochri: The animal of a non-Jew (subject to specific halachic debates regarding the nature of the obligation).

The Core Mechanism: The Principle of "Imo" (With Him)

The central analysis revolves around the word Imo ("with him") found at the end of the verse. The Gemara (Bava Metzia 32a) and the Rambam derive a fundamental limitation from this word: the owner of the donkey must participate in the labor. If the owner sits idly and demands the passerby do the work alone, the passerby is exempt.

This leads to a profound definition of the obligation: You are only required to do for your fellow what you would do for yourself.

The Logical Difficulty: The Problem of Motivation

A logical difficulty is raised regarding the comparison between acting for oneself versus acting for another:

For Oneself: When a person unloads their own donkey, they are motivated by financial loss (saving the animal/goods).

For Another: The mitzvah of Prika (unloading) must be done gratis (for free). Therefore, the helper gains no financial benefit.

How, then, can the Halacha demand we apply the "self-standard" to the "other-standard" when the incentives are totally different? If I act for myself out of financial self-interest, how does that translate to acting for a friend for free?

The Resolution: Empathy and "Shared Calculation"

Citing the Pri Yitzchak and the Shita Mekubetzes, the lecture offers a resolution based on the psychology of empathy required by the Torah:

The term Imo implies a shared reality. To fulfill the mitzvah, the bystander must intellectually and emotionally step into the shoes of the owner. The bystander must adopt the owner's "calculation" (cheshbon) as their own.

If the owner has a benefit (saving his property), the bystander must view that benefit as if it were their own.

Therefore, the exemption of the Elder (Zaken) is not just about dignity; it is about the limit of projection. Since the Elder would not engage in this labor even for his own financial gain (valuing his dignity over his money), he cannot be expected to project that willingness onto another.

Conclusion

The verse is technically a command to help, but it operates within strict parameters of reciprocity and empathy. The Torah commands us to leave behind our hatred (sinah) and help an enemy, but only within the framework of Imo—mutual participation. We are obligated to adopt the burdens of others, but only to the extent that we would bear those burdens ourselves. Thus, the rhetorical "Would you refrain?" transforms into a complex legal structure that balances altruism with personal dignity and shared responsibility.


המתח הפרשני: שאלה או קביעה?

השיעור פותח בניתוח הניסוח העמום של הפסוק: "כִּי תִרְאֶה חֲמוֹר שֹׂנַאֲךָ רֹבֵץ תַּחַת מַשָּׂאוֹ, וְחָדַלְתָּ מֵעֲזֹב לוֹ – עָזֹב תַּעֲזֹב עִמּוֹ".

רש"י מציע שני פירושים הנראים כסותרים למילה "וחדלת":

הפשט (קריאה רטורית/תמיהה): המילה נקראת ב"תמיהה". רש"י מפרש זאת כך: "וכי תעלה על דעתך שתחדל מלעזור לו? לא! עזוב תעזוב עמו". קריאה זו מדגישה את הציווי המוסרי להתגבר על עוינות אישית.

הדרש (הומילטי/הלכתי): רש"י, בציטוט מהמכילתא, מציע ש"וחדלת" יכול להיקרא כקביעה של רשות: "פעמים שאתה עוזר, ופעמים שאתה חודל".

החריגים ההלכתיים: מתי חודלים?

השיעור בוחן את התרחישים הספציפיים שבהם הדרש חל – כלומר, מצבים שבהם אדם פטור מבחינה הלכתית מהמצווה:

זקן ואינו לפי כבודו: אדם מבוגר או מכובד שהעבודה הפיזית אינה הולמת את מעמדו. אם אדם כזה לא היה פורק את בהמתו שלו בשל כבודו, הוא אינו חייב לפרוק עבור אחר.

בהמת נכרי: בהמה של אינו-יהודי (נושא הנתון למחלוקות הלכתיות ספציפיות בנוגע למהות החיוב).

המנגנון המרכזי: עיקרון ה"עִמּוֹ"

מרכז הניתוח סובב סביב המילה "עמו" המופיעה בסוף הפסוק. הגמרא (בבא מציעא לב.) והרמב"ם לומדים ממילה זו הגבלה יסודית: על בעל החמור להשתתף בעבודה. אם הבעלים יושב בחיבוק ידיים ודורש מעובר האורח לבצע את העבודה לבדו, עובר האורח פטור.

מכאן נובעת הגדרה עמוקה של החיוב: אתה נדרש לעשות עבור חברך רק את מה שהיית עושה עבור עצמך.

הקושי הלוגי: בעיית המוטיבציה

השיעור מעלה קושי לוגי בנוגע להשוואה בין פעולה עבור העצמי לבין פעולה עבור האחר:

עבור עצמו: כאשר אדם פורק את חמורו שלו, הוא מונע מהפסד כספי (הצלת הבהמה או הסחורה).

עבור האחר: מצוות פריקה חייבת להיעשות בחינם. לכן, המסייע אינו מרוויח דבר מבחינה כלכלית.

כיצד, אם כן, ההלכה דורשת מאיתנו להחיל את "סטנדרט העצמי" על "סטנדרט הזולת" כאשר התמריצים שונים לחלוטין? אם אני פועל עבור עצמי מתוך אינטרס כלכלי, איך זה מתרגם לפעולה עבור חבר בחינם?

הרזולוציה: אמפתיה ו"חשבון משותף"

תוך ציטוט מה"פרי יצחק" ומה"שיטה מקובצת", השיעור מציע פתרון המבוסס על הפסיכולוגיה של האמפתיה שהתורה דורשת:

המונח "עמו" מרמז על מציאות משותפת. כדי לקיים את המצווה, על העומד מן הצד להיכנס מבחינה מחשבתית ורגשית לנעליו של הבעלים. עליו לאמץ את ה"חשבון" של הבעלים כחשבונו שלו.

אם לבעלים יש תועלת (הצלת רכושו), על המסייע לראות את התועלת הזו כאילו הייתה שלו.

לפיכך, הפטור של הזקן אינו עוסק רק בכבוד; הוא עוסק בגבול היכולת להזדהות. מכיוון שהזקן לא היה עוסק במלאכה זו אפילו עבור רווח כספי שלו (שכן הוא מעדיף את כבודו על פני ממונו), לא ניתן לצפות ממנו להשליך את הנכונות הזו על האחר.

סיכום

הפסוק הוא מבחינה טכנית ציווי לעזור, אך הוא פועל בתוך פרמטרים קפדניים של הדדיות ואמפתיה. התורה מצווה עלינו להניח בצד את השנאה ולעזור לאויב, אך רק במסגרת של "עמו" – השתתפות משותפת. אנו מחויבים לשאת בנטל של אחרים, אך רק באותה מידה שהיינו נושאים בנטל זה בעצמנו. כך, התמיהה הרטורית "וכי תחדל?" הופכת למבנה משפטי מורכב המאזן בין אלטרואיזם לבין כבוד אישי ואחריות משותפת.

The Duality of Damages: Knas and Mamon in the Liability of the Pit #3

Restitution vs. Penalty

The speaker defines a precise distinction in the Torah's language based on the nature of the obligation:

"Shalem Yishalem" (Double Language): Generally denotes Mamon (Civil Restitution). The doubling represents two concurrent legal realities: the Mazik's (damager) duty to pay and the Nizak's (victim) right to be made whole (Hashlamas HaChisaron).

"Yishalem" (Single Language): Generally denotes K’nas (Penalty). The singular language focuses exclusively on the Mazik's punitive obligation to pay, rather than a restoration of the victim's previous status.

Refining "Tooth and Foot" (Shein v’Regel): The Meitav Exception

The primary correction involves the specific case of Tooth and Foot (Exodus 22:4), where the Torah uses the singular "Yishalem" despite it being a category of Mamon (monetary loss).

The speaker explains this anomaly by noting that the Torah here is not talking about payment in general but specifically Meitav (paying from the best land):

Mazik-Centric Logic: The requirement to pay from the best land is not an inherent right (Zchus) of the victim to receive high-quality soil. Instead, it is a law governing the assets of the damager (Mitzad Dino shel ha-Mazik).

The Proof: If a person does not own "best land" (Meitav), he is not obligated to acquire it to pay the victim; he simply pays from what he has. This proves the quality of payment is tied to the payer's status, not the victim's right.

Resulting Classification: Because the Meitav requirement is tied strictly to the damager's assets, the payment takes on the legal "form" of a penalty (Geder K’nas). Thus, the Torah uses the singular "Yishalem" to reflect this payer-centric focus.

Shor Mu’ad & Eish: Since these are cases of Mamon (the owner pays for the actual value of the loss), the Torah writes Shalem Yishalem. The goal is to make the Nizak "whole."

Kefel, Arba’ah v’Chamisha (Theft): These are classic cases of K’nas (punitive fines). Since the payment exceeds the actual loss, it is not "restoring" the victim but "punishing" the thief. Thus, the Torah uses the singular Yishalem.

The Sho’el (Borrower): A borrower is chayav for the Mamon of the owner. It is a pure civil obligation. Therefore, the verse says Shalem Yishalem.


The "Li-Ba'alov" (To Its Owner) Nuance

The speaker provides a final refinement regarding verses that say "Yishalem Li-Ba'alov" (e.g., a guardian's liability).

Even when the payment is pure restitution (Mamon), the Torah sometimes uses the singular "Yishalem."

Reason: The second aspect of the "double language" (the victim's right) is already explicitly stated by the words "Li-Ba'alov" (to its owner). Since the receiver is named, the verb does not need to be doubled to imply the victim's right; the single verb suffices to cover the payer's obligation.