Originally published 1/27/11, 10:23 am.
See Mishpatim 21:28
Rashi: "Baal Hashor Nakki"
The Halachah is "Midrasho"
P'shuto is something else.
So - as per Rashi - a Halachic translation here would be "al pi midrash, even though it is based upon Midrash Halachah and not upon Midrash Aggadah. P'shat - while not anti-Halachic - does not [necessarily] imply the Halachot derived here.
Shalom,
RRW
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