####################################################### # 12 YEAR Ayelet DAILY-RASHI-YOMI CYCLE # # Sept 1st 2003 # # Rashis 2184-2184 Of 7700 (28.4%) # # # # VISIT THE RASHI YOMI ARCHIVES # # ----------------------------- # # http://www.RashiYomi.Com/calendar.htm # # # # Reprinted with permission from Rashi-is-Simple, # # (c) 1999-2002, RashiYomi Inc., Dr Hendel President # # Permission to reprint with this header PROVIDED # # it is not printed for profit # # # # WARNING: READ with COURIER 10 (Fixed width) FONTS# # # ####################################################### |
VERSE: Ex21-25a
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(C) Dr Hendel, Jan-03 | ||
SUCCINCT SUMMARY ---------------- Some Rashis focus on meaning and grammar of individual words. Other Rashis by contrast focus on overall PARAGRAPH STRUCTURE. The Rabbi Ishmael style rules afford us examples of paragraph development. The GENERALIZATION method suggests developing a basic theme by introducing the theme with examples which illustrate basic laws. EXAMPLE Ex21-24:25 ------------------ The paragraph is talking about BODILY DAMAGES - DETAIL: ORGAN DAMAGE: Eye, tooth, arm, leg - DETAIL: PAIN--------: Burn, cut, inflammation So we generalize from these 2 verses and infer that Damages are paid according to the various categories of damage such as pain or organ damage (Other categories of damage are MEDICAL, DISABILITY etc *10) | ||
| ITEM | DETAIL | |
| RASHI RULE CLASS: | STYLE | |
| RASHI SUBRULE CLASS | BROAD | |
| RASHI WORKBOOK PRINCIPLE | #23 | |
| SEE BELOW | LIST401a | |
| Verses interpreted | Broadly(Generalization) | |
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*10 The Rambam forumlates the same principle as follows - There are 5 dimensions of torts - - Permanant Organ damage - - Pain - - medical - - disability - - embarassment - When an act of damage is done you assess the - the amount of damage in each dimension and pay - accordingly (So if you gave a person a black eye - you pay for medical, embarassment and pain but - do not pay for permanant damage or disability develop | ||
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(C) Dr Hendel, Jan-03 | |||
The following verses are all interpreted broadly. eg Ex21-26 says PAY DISABILITY FOR BEDRIDDEN (torts). This is generalized to ANY disability(BEDRIDDEN or NOT) | |||
| VERSE | TEXT OF VERSE | GENERALIZATION | |
| Nu05-13g | She wasnt GRABBED | wasnt RAPED | |
| Ex21-18b | Tort on BEDRIDDEN | DISABILITY | |
| Ex21-26a | Free if TOOTH fell | VISIBLE ORGAN | |
| Ex21-28a | Tort if OX gores | ANIMAL | |
| Ex21-17a | Death:FEMALE witch | FEMALE or MALE | |
| Ex22-30b | FIELD animal trayf | WOUNDED animal | |
| Ex22-21a | dont hurt ORPHANS | ANGUISHED person | |
| Dt22-23a | FIELD rape | HIDDEN place | |
| Dt23-11a | NOCTURNAL emission | EMISSION | |
| Dt13-07f | temps you PRIVATLY | PRIVATE|PUBLIC | |
| Dt25-04a | Dont muzzle an OX | ANIMAL | |
| ------- | ----------------- | --------------- | |
| Dt22-02a | Return lost items | People you know personally*1 | |
| Ex21-25a | Pay for eye,burn.. | Pay for each damage type*2 | |
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*1 This is a generalization from two verses, as follows -Ex23-04 Return the lost article of your PERSONAL ENEMY -Dt22-01:03 Return the lost article of your PERSONAL FRIEND So you return ANY article whether of your PERSONAL ENEMY or your PERSONAL FRIEND--as you long as you know the person PERSONALLY. The law however exempts you from returning the article to a known thief (a non PERSONAL enemy) who might be guessing the lost objects signs*10 *2 Ex21-24 lists 4 types of ORGAN damage:Eye,tooth,arm,leg Ex21-25 lists 3 types of PAIN damage:burn,cut,inflammation Hence we infer that in paying damage you pay for EACH type of damage *11 | |||
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*10 Several points should be made here FIRST POINT: - Ex23-04 uses the word YOUR ENEMY - Dt22-01:03 uses the word BROTHER 5 times So the real generalization is from YOUR ENEMY & BROTHER So everyone FROM your enemy TO your brother gets articles returned. This would exclude people you dont really know who might be guessing signs. Jewish law goes into the subtlety of someone whom you dont know either as your BROTHER or ENEMY. 2nd POINT: We mention Rashis literal language ------------------------------------------ The verse says return the object AFTER YOUR BROTHER ASKS. But no would return it before they are asked for it So read the verse as follows; Return the objects until you ASK ABOUT YOUR BROTHER--investigate him ------------------------------------------- Thus it appears that Rashi is deriving the law from a pun. (ASK ABOUT YOUR BROTHER vs YOUR BROTHER ASKS) But the truth of the matter is that Rashi is deriving the law from the generalization and contrast of verses. Rashi as is his usual custom expresses this technical derivation in a PUNchy PUNny manner (so students will remember it). 3rd POINT The main point in Rashi is that the two verses have to be generalized. The details of how this generalization takes place are subject to Talmudic discussion. In this case the Talmud and Rashi take an obvious approach of excluding people (thiefs) who we would not expect the law to cater to. But the main thrust of Rashi is the generalization from two verses--the details must be inferred. *11 Already Rashi points out that CUTS involve both PAIN and ORGAN damage (removal of skin). One cannot derive the 5 categories of damage from this verse (The other 3 categories, disability, medical and embarassment are each inferred from separate verses | |||