03. Mishpatim 21:01c – The Order of the Parsha: An Attempt at Explaining the Sequence of the Halachos (03)

03. Mishpatim 21-01c. the order of the Parsha, an attempt at explaining the sequence of the Halachos, Class Three.
This third class on Parshas Mishpatim and the attempt to explain the continuity, began with a quick review.
After that we introduce an attitudinal discussion in the obligations of one person to another in society: Most people are presumed members of the society who means to live peaceably in cooperation and dependently on one another. Accordingly when people damage one another or each other’s property, there’s a presumed leniency in prosecuting them based on the fact that people who live together will inadvertently hurt one another and each other’s property.
11) The exception to this rule is a thief, who, in his act of thievery (גניבה or גזילה) has announced his disregard for interdependent communal living. Accordingly he is prosecuted much more severely. He pays double for he steals and if he prophets from it he pays double double (four times what he stole) or more.
Moreover we suspect a person like this to be a killer, and you may kill him (to protect yourself) unless you are absolutely certain (‘as the sun shines’) that he’s not a killer (or thief) but he is desperate.
12) [Note:] there is no direct discussion about normal monetary damages between persons (of another’s person or wealth); it is derived from the two extremes: A. the laws of a thief on the one hand and B. the laws of interpersonal business involvements (the ד’ שומרים) on the other.
To be continued.