Mishpatim- Understanding and Applying a concept

Case #1: 

"When men will fight...if there will be a fatality, then you shall give a life for a life; an eye in place of an eye, a tooth in place of a tooth, a hand in place of a hand, a foot in place of a foot; a burn in place of a burn, a laceration in place of a laceration, a bruise in place of a bruise." ~Shemot 21:22-25

Case #2:

"When a man's ox will push his fellow's ox which dies, they shall sell the living ox and divide its money, and the carcass, too, shall they divide. Or if it was known that it was a goring ox from yesterday and the day before yesterday, but its owner did not guard it, he shall surely pay an ox in place of the ox, and the dead body shall be his." ~Shemot 21:35-36

Case #3:

"When a man will steal an ox, or a sheep or goat, and slaughter it or sell it, he shall pay five cattle in place of the ox, and four sheep in place of the sheep." ~Shemot 21:37

Understanding a Concept:
When learning a new concept, it is often difficult to have a full understanding just by reading an explanation or watching someone work out a single example. There are nuances, specifics of concepts that vary slightly based on given parameters. When learning a concept, there are levels to understanding what is meant. The base level is usually a straightforward understanding with an example that falls very neatly into the basic parameters. As you investigate and test out the way small changes effect the way the concept works, you are developing the complexity of your understanding of the concept. 

Let's look at a simple example first: a student learning the algorithm for subtraction (as they grow through elementary school)-

• First, the student will learn how to simply subtract a small single digit number from a slightly bigger single digit number (7 - 4 = ?)
• Next, they might start working with subtracting a smaller multi-digit number from a relatively slightly multi-digit number (395 - 273 = ?)
• Next, they would learn how to handle a situation where one of the place values doesn't have a large enough number, so they need to regroup (407 - 263 = ?)
• Next they would learn how to handle subtracting numbers with different place values (3,654 - 475 = ?)
• Finally, they start to transform their understanding of number sense by introducing subtracting a larger number from a smaller number (5 - 7 = ?). From here, they can also incorporate all their previously understood nuances of subtraction into this new framework of number sense based on the introduction of being allowed to take away more than you actually have (ie negative numbers).

The above example is a basic framework. Even here, there are other nuances that are incorporated which I have left out (how to handle numbers different types of numbers with decimal points, how to handle numbers with zeros in different place values, etc.)

Parsha Connection:
This week's parsha has many lists of various specific laws. Above we have 3 different specific cases where the laws related to valuation of damages are explained for us. Rashi also goes into lengthy, specific details in each of these cases to explain more clearly the nuances of each of these cases. 

Note that my summary of Rashi for each case below does not delve into specific details. Rashi, in these cases, actually goes through and explains methods for valuation of certain nuanced cases, which help give us a clearer picture. In order to really work with the problems presented in this post, it is important to look at Rashi's explanations in full to help develop the full understanding of valuation for each case.

For Case #1, Rashi on 21:24 and on 21:25 (note all Rashi links are in Hebrew) goes into detail about how the textual meaning is not literal. Rather, in essence, the restitution to be made should be based on valuation of loss of work time and cost of medical recovery. 

For Case #2, Rashi on 21:35 and on 21:36 goes into detail to explain what the division of money, animals, and profit from sale of animals should look like based on different potential specifics.

For Case #3, Rashi on 21:37 explains that the verse is specifically referring only to the animals that are stated in this case. This law is not generalizable to a larger group of other animals.

For a basic understanding of each case, we would look at cases that most closely match the exact situations that are presented. As we test out different changes or adjustments to the possible situations, we are learning the different nuances of each concept.

For students, after learning the specifics of each case, along with Rashi's nuanced explanations, appropriately leveled sample cases could be presented for them to work through and try to determine whether or not one of the case examples applies to the presented sample case, and, if so, what the valuation of damages would be for the case. More straightforward examples could be used with elementary level students, while more complex examples that involve more thought, dissection of information, or research, would be appropriate for middle or high school students.

Some example cases: (Do they apply to our sample cases? If so, what valuation can be made to settle the damages?)
For Case #1 
(Note: These cases would all be better for higher level students, as they all need research regarding valuation of medical damages and potential lost wages.)

1. Two men have an altercation and one of them has a tooth knocked out and a deep cut on his hand.
2. Two teenagers have an altercation and one of them has a baby tooth knocked out, while the other's eye is injured causing permanent blindness.
3. Two men are fighting. One is 40 years old and one is 60 years old. The 60 year old is killed. 

For Case #2

1. One man's $700 ox kills his friend's ox.
2. One man's $700 ox kills his friend's $300 ox.
3. One man's $400 ox kills his friend's $500 ox.
4. One man's ox is known for goring. The goring ox kills an ox worth $500.
5. One man's ox is known for goring. The goring ox is worth $300 and kills another ox.
6. One man's ox is known for goring. The goring ox, worth $600, kills an ox worth $300.

For Case #3

1. A man stole a $600 ox and killed it.
2. A man stole a goat and killed it.
3. A man stole a $300 sheep and it was found alive.
4. A man stole a $700 horse and killed it.
5. A man stole a $600 horse and it was found alive.

These are just a few possible examples. Working together with Rashi's complete explanations, examples can be created for multiple grade levels based on students concrete understanding and their level of inferential understanding of situations as they develop their understanding.