Section: Parshas HaShavua Category: Quick Vort | Parshas Mishpatim: The Kotzker Rebbe - Are You A Murderer For Killing Your Eved, Or Not? | The
torah tells us that if you strike your Eved and he survives for more
than 24 hours you are not Chayav Misa, "Ki Kaspo Hu", because he is
your property (Mishpatim 21:21). Rav Menachem Mendel of Kotzk asks,
if the eved is merely considered like your ox or donkey, why are you
Chayav Misa if he dies within 24 hours?
The Kotzker Rebbe
answers that the gemara in Gitin says that if you make your eved Hefker
he goes free because once you remove your ownership right he acquires
ownership in himself. When some hits his eved with enough force to
kill him he is practically speaking, willingly forfeiting his ownership,
and at that very same moment he is murdering a free man. However if
the eved lives for more than 24 hours, than the owner's blow would not
constitute forfeiture of ownership, and his subsequent death is
considered like killing his ox.
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