1)

What is the meaning of, "our hand will not be on him"?

1.

Radak: We should not cause his death. If we sell him, he will not die.

2.

Alshich: We should not seize him to sell him, lest we be Chayav Misah for kidnapping and selling.

3.

Malbim: Yehudah told the brothers to leave Yosef in the pit and distance themselves, so the Yishma'elim themselves will take him for a slave; often, someone Chayav Misah was left in a pit. We will not sell him, just we will cause him to be sold. Even so, Yehudah said "Nimkerenu," and Yosef said "Mechartem Osi" (45:4). 1

4.

Ha'amek Davar: We should not strike him. The Yishma'elim can hit him, like it is normal to hit one's slave!


1

Ha'amek Davar: Because they caused him to be sold, and they knew and did not protest, he said that they sold him.

2)

Why does it say "Achinu Besarenu Hu"?

1.

Alshich: This is another reason why we will not be liable for kidnapping and selling him; he is our brother; he is normally found with us. We exclude this from (Shemos 21:16) "v'Nimtza b'Yado" (Sanhedrin 86a).

2.

Ha'amek Davar: He is our Achinu (our paternal brother) and Besarenu (like our maternal brother), for Rachel and Leah were sisters. Therefore, we should not overtly pain him.

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