"ve'Atah Teva'er Dam ha'Naki ? ". Who is the Torah talking to?
Rashi, Rashbam, Seforno and Targum Yonasan: To the people at large.
What are the implications of "ve'Atah Teva'er Dam ha'Naki ? "?
Rashi and Rashbam: It implies that if (after the calf's neck has been broken - Rashi) the murderer is subsequently found, he must be sentenced to death. 1
Seforno: It implies that they have placed the onus of the Kaparah on Hashem, that is only because they do not know who the murderer is, but there where they do, it is preferable to carry out the death-sentence themselves. 2
Riva and Rosh: It implies that, if they do what is straight in Hashem's eyes - the judgment of murderers, the Eglah Arufah and the measuring - witnesses will come and the murderer will be revealed [and be sentenced to death]. 3
Kesuvos, 37b: The Torah is comparing all murderers to the Eglah Arufah 4 - to teach us that they are sentenced to death in the vicinity of the neck (by the sword - Hereg) 5 .
Rashi: Which is the correct thing to do (as the Pasuk concludes). See also Torah Temimah, citing the Yerushalmi Sotah, 9:6 and note 67.
In keeping with the Midrash Tanchuma in praise of Beis-Din performing justice - 'If judgment is carried out below, it is not necessary to carry out Din (Divine retribution) above'.
See Torah Temimah, note 66, who discusses the Gezeirah Shavah at length and who ultimately learns it from "mi"Kirbecha" "u'Vi'arta ha'Ra mi'Kirbecha".
How do we know that it is Hereg and not Chenek, (strangulation) which is also performed in the vicinity of the neck?
What are the connotations of "Dam ha'Naki"?
R. Bachye #1 (citing Tagum Onkelos) and Targum Yonasan: It means ?Destroy (the spillers of) the innocent blood!'
R. Bachye #2: It means ?Abolish (the punishment that is due for the spilling of) the innocemt blood. 1
Riva: It is referring to the victim's blood, which, once the murderer is found, will stop bubbling and become still.
Refer to 21:8:2.2:1.
"ki Sa'aseh ha'Yashar be'Einei Hashem". How does this phrase fit into the Parshah
R. Bachye #1: With reference to Paeuk #8, it means ?When you will do what is right in the eyes of Hashem who took you out of Egypt 1 precisely in order to do what is right in His Eyes'.
R. Bachye #2: It is a promise - If you will do what is right in the Eyes of Hashem, you will merit to rid the land of murderers - because the time will approach when all murders aand all wars will cease to exist. 2
