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#*#*# (C) RashiYomi Inc. 2004, Dr. Hendel, President #*#*#
VERSE: Lv19-11a
Lv19-11a
(C) Dr Hendel, Jan-04


SUCCINCT SUMMARY
----------------
Rashi frequently infers conclusions from the OVERALL
PARAGRAPH structure and its development style

EXAMPLE Lv19 vs Ex20
--------------------
Both Lv19-11 and Ex20-13 contain the prohibition of
theft. However the CONTEXT of Lv19 is MONETARY LAWS
while the CONTEXT of Ex20 are CAPITAL CRIMES. Hence,
because of context, we interpret the DONT STEAL in
Ex20 as a prohibition of KIDNAPPING(Which carries
a death penalty) while the DONT STEAL in Lv19
is interpreted monetarily. This inference from paragraph
context is further amplified below
ITEM DETAIL
RASHI RULE CLASS: BULLETS
RASHI SUBRULE CLASS BULLETING
RASHI WORKBOOK PRINCIPLE #26
SEE BELOW LIST106t
List of Topics in Lv19 vs Ex20
LIST106t
(C) Dr Hendel, Jan-04

List of                  Topics in Lv19 vs Ex20
VERSE TEXT OF VERSES VERSE VERSE TEXT
Lv19-09 Leave over gleanings for poor Ex20-02 Gods existence
Lv19-10 Leave over gleanings for Poor Ex20-03:06 No idolatry
Lv19-11 No theft*1 Ex20-13 No theft*1
Lv19-12 No oaths (of denial) Ex20-07 False oaths
Lv19-13 Dont withold wages Ex20-08:11 Sabbath
Lv19-14 No obstacles before blind Ex20-12 Honor parents
Lv19-15 No favoritism in justice
Ex20-13 No adultery
Lv19-16 Protect peoples lives Ex20-13 No murder
Ex20-14 No coveting
Lv19-17 No hatred; do rebuke
Lv19-18 Love thy neighbor as thyself
COMMENTS
*1 Rashis exact language is as follows
-------------------------------------------------
The NO THEFT prohibitgion in Lv19 occurs in a context
and paragraph of MONETARY LAWS while the NO THEFT in
Ex20 occurs in a context of CAPITAL CRIMES. Hence the
NO THEFT in Ex20 is interpreted (because of context)
to refer to KIDNAPPING (A capital crime of  theft)
--------------------------------------------------

To analyze this Rashi we follow the Kesef Mishneh and
Mishneh LeMelech commentary to Rambam Laws of Theft 1:1

It is pointed out that CAPITAL CRIMES do exist in
Lv19 (For example Lv19-16: Protect peoples lives;
similarly  Lv19-12 prohibits OATHS which can have
capital implications).

On the other side, Ex20-12 only asks to HONOR PARENTS
While there IS a capital crime if you CURSE your parents
most violations of HONORING PARENTS dont carry a death
penalty.

Hence it  would be shallow to interpret Rashi as claiming
that ALL of Lv19 is MONETARY and ALL of Ex20 is CAPITAL

The deep and mature way to analyze these two chapters is
as follows:
- The PREDOMINANT MOOD of Lv19 is monetary--most of  the
laws: charity to poor, theft, witholding, rebuke, helping
peoples lives are monetary in nature.

- By contrast, the PREDOMINANT MOOD of Ex20 is CAPITAL --
most of the laws: idolatry, Sabbath, murder, adultery
have a capital COMPONENT (Some aspect which carries a
death penalty).

Hence the proper way to interpret the NO THEFT prohibitions
in these two chapters is as follows:
- NO THEFT in Lv19 refers ONLY to monetary theft
- NO THEFT in Ex20 refers to ALL TYPES OF THEFT--both
monetary and kidnapping.
#*#*#*# (C) RashiYomi Inc., 2004, Dr. Hendel, President #*#*#*#*#