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Hebrew Text
אוֹ בִּכְלִי עֵץ־יָד אֲשֶׁר־יָמוּת בּוֹ הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ׃
English Translation
Or if he smite him with a hand weapon of wood, whereby he may die, and he die, he is a murderer: the murderer shall surely be put to death.
Transliteration
O bichli etz-yad asher-yamut bo hikahu vayamot rotzeach hu mot yumat harotzeach.
Hebrew Leining Text
א֡וֹ בִּכְלִ֣י עֵֽץ־יָד֩ אֲשֶׁר־יָמ֨וּת בּ֥וֹ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃
א֡וֹ בִּכְלִ֣י עֵֽץ־יָד֩ אֲשֶׁר־יָמ֨וּת בּ֥וֹ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃
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Parasha Commentary
📚 Talmud Citations
This verse is quoted in the Talmud.
📖 Sanhedrin 78a
The verse is discussed in the context of the laws regarding murder and the distinction between intentional and unintentional killing.
📖 Makkot 7b
The verse is referenced in the discussion of the death penalty and the conditions under which it is applied.
Context in the Torah
This verse (Numbers 35:18) is part of the Torah's discussion of the laws concerning murder and the cities of refuge (ערי מקלט). It specifies that if someone strikes another with a wooden weapon capable of causing death, and the victim dies as a result, the perpetrator is considered a murderer and is subject to the death penalty.
Rashi's Explanation
Rashi (Rabbi Shlomo Yitzchaki) comments on the phrase "בִּכְלִי עֵץ־יָד" ("with a hand weapon of wood") that this refers to any wooden object that is held in the hand and is capable of causing death, such as a club or a heavy stick. He emphasizes that the Torah is not limiting this to metal weapons but includes any instrument that can be lethal when used with intent to kill.
Rambam's Legal Perspective
In Mishneh Torah (Hilchos Rotzeach 2:2), the Rambam (Maimonides) elaborates on this verse, stating that the death penalty applies only when the act meets specific criteria:
If any of these conditions are not met, the perpetrator may not be subject to the death penalty but could still be liable for other punishments.
Talmudic Discussion
The Talmud (Makkos 7b) discusses this verse in the context of the legal requirements for capital punishment. It clarifies that the phrase "אֲשֶׁר־יָמוּת בּוֹ" ("whereby he may die") implies that the weapon must be inherently lethal, not merely an object that incidentally caused death. The Gemara also notes that the death penalty is only applied after a thorough judicial process with proper witnesses and warnings (התראה).
Midrashic Insight
The Midrash (Sifrei Bamidbar 161) connects this verse to the broader ethical principle of the sanctity of human life. It teaches that the Torah's strict laws regarding murder reflect the gravity of taking a life, as every person is created in the image of G-d (בצלם אלוקים). The severity of the punishment underscores the irreversible nature of the crime.
Halachic Nuances
Later commentators, such as the Kli Yakar (Rabbi Shlomo Ephraim Luntschitz), highlight that the Torah specifies a wooden weapon to include even objects not typically associated with violence. This teaches that the moral responsibility for one's actions applies regardless of the tool used—intent and outcome are what determine culpability.