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(C) Dr Russell Jay Hendel, 2000
Volume 4 Number 24
Produced Jan, 16 2000
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^ THE GOLDEN ^^
^^ Rambam Rashi Series ^^
^^ Gold series #3 ^^
^^ ^^
^^ 'No eye save yours, God, has ^^
vv seen what you fix for those vv
vv who wait for you' vv
vv vv
vv vv
vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
Verses/Topics Discussed in This Issue with quicky explanations
--------------------------------------------------------------
v1z9-5
GOLDEN RAMBAM SERIES #3---Murder 2.
v2a21-14
By Aligning 2-21-14,2-21-12, 3-24-17, 2-21-20:21 all of
which speak about a "death penalty for murder" we are
able to infer many laws from the minor differences in
the vereses. eg death penalty only applies to killing a
MAN, WOMAN,CHILD but not FOETUS
v1a9-5
v1-9-5:6 lists 4 sentences describing an increasing
sequence of liability for murder. We have a) SUICIDE
(smallest responsibility---you don't take someone else's
life) b) death by animal (non deterministic) c)death by
hire(not PHYSICALLY caused), d)MURDER
WEB UPDATED TOMORROW AROUND NOON
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RASHI IS SIMPLE
GOALS: To grammatically defend all 8000 Rashis on Chumash.
METHOD:Every Rashi will be defended with a LIST of comparable cases
INTENDED AUDIENCE: Laymen, Academicians, Rabbis, Yeshiva students
COMMENTS,QUESTIONS: EMail to address below; (minor edits may occur)
ACKNOWLEDGEMENT:Always given unless 'anonymous' is explicitly asked
(UN)SUBSCRIBE: Email to above with keyword "(UN)subscribe"
JOURNAL REFERECE: Pshat & Drash, TRADITION, Win 1980, R Hendel
NOTATION: eg v2b1-8 refers to Ex(Book 2) Chap 1 Verse 8 Rashi b(#2)
SPECIALS:...on Rambam,Ramban,Symbolism,Pedagogy,Daily Questions
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VERSE: v1z9-5
======
Rambam, Murder, Chapter 2. This LIST describes all laws in
the Rambam, the verses from which they came and whether
Rambam and/or Rashi cited these verses.
The purpose of this Rashi-Rambam series is to to show how
these 2 great Rishonim were really much closer than people think.
True, sometimes Rashi is terse, but sometimes Rambam is terse.
Sometimes Rashi is more analytic than Rambam.
By reviewing these chapters we see how Rashi and Rambam both
covered the same laws, each in their own way. More details are
contained in the other postings in this issue. Please have your
browser or word processor set to COURIER 10 or COURIER NEW 10
or a FIXED WIDTH FONT to properly read this list.
Verse Is Is
From Verse Verse
Which Cited Cited
Paragraph By By
Par Text of Paragraph Note Is Inferred Rambam Rashi
=== ================================== ==== =========== ====== =====
1 There is Death penalty for murder *1 1-9-5:6 Yes Yes
2 NO DEATH PENALTY BY COURT IF...
(a) you hire someone to kill *1 1-9-5 Yes Yes
(b) you deliver him to eg lions *1 1-9-5 Yes Yes
(c) commit suicide *1 1-9-5 Yes Yes
BUT THE ABOVE 3 VIOLATE MURDER 1-9-5 Yes Yes
THE ABOVE 3 ARE PUNISHED BY GOD 1-9-5 Yes Yes
3 Scriptural derivation of Par #1:2
4 a)Court right to execute murderers Rabbinic
b)Kings right to execute murderers Rabbinic
5 Non executed murderers imprisoned Rabbinic
6 COURT DEATH PENALTY ON 2-21-12 Yes Yes
(a) murder of male / female *2 vs Yes Yes
(b) adult / minor / day old infant 3-24-17 Yes Yes
(c) NO COURT DEATH on prematures vs Yes Yes
2-21-14
7 COURT DEATH PENALTY whether on
(a) healthy people 3-24-17 Yes No
(b) sick people vs
(c)people dying at hands of heaven 2-21-12
(d)NO COURT DEATH on 2nd shooting *3 vs
2-21-14
8 NO COURT DEATH PENALTY on murder
of "1 year- to live" *3 Same as #7 `
9 A "1 year-to live" who killed has
a)COURT DEATH if done in courtroom *4 Rabbinic Yes No
b)NO COURT DEATH otherwise
10 COURT DEATH PENALTY on murder of *5 2-21-14 Yes No
(a) Israelite vs
(b) Non jewish slave 2-21-12
11 NO COURT DEATH PENALTY on murder *5 2-21-14 Yes No
(a) of noachide vs
(b) of non jew 2-21-12
12 For your OWN non jewish slave *6 2-21-21:22 Yes Yes
THERE IS NO death penalty if
(a) you gave a lethal blow
(b) he died after 24 hours
Because you have discipline rights
13 For your FRIENDS' non jewish slave *7 2-21-21:22 Yes Yes
THERE IS a death penalty if
(a) you gave a lethal blow
(b)even if he died after many days
14 For your OWN non jewish slave
THERE IS a death penalty if
(a) you gave him a lethal blow
(b) he died after 24 hours *8
(c) you smit him with a knife No No
(Par #12 does not apply)
15 There is a death penalty if
(a)You sold him
(b)sale is effective in 30 days *9
(c)you can use him during month
(Par 12 requires EXCLUSIVE owner) No No
16 There is a death penalty if
(a) one of 2 partners kills slave *9
(Par 12 requires EXCLUSIVITY) No No
FOOTNOTES
*1 1-9-5:6 is actually cited in Paragraph 3 of Rambam.
These verses contains "4 distinct sentences" which
form a progression
>suicide (so there is "consent to kill")
>death by animal (which is not deterministic)
>death by hire(so you don't personally do it)
>full fledged murder
My opinion is that Paragrah 3 of Rambam applies
to BOTH Paragraph 1 and 2 (it gives the verses
for both)
Note how Rashi is more analytic then Rambam. For
example Rashi gives the following defense for murder
by animals
>But God is killing people by animals anyway.
>This is a punishment for our sins. He would
>have died anyway. True I tied him up but it
>it was the animal that killed him.
*2 This is obtained by ALIGNING 2-21-12 and 3-24-17. One
verse speaks about KILLING A MAN while the other speaks
about KILLING A HUMAN SOUL. Hence we interpret the
term MAN broadly as referring to an ADULT, CHILD, MINOR
but not a foetus (which does not have a soul).
Notice how the Rambam is more detailed since he eg discusses
issues of viability before/after 30 days.
*3 By ALIGNING 2-21-12, 3-24-17 and 2-21-14 we see that 2-21-14
speaks about killing
>ALL of a person.
From this we infer that there is no death penalty if you only
killed PART OF A PERSON (eg he was already shot and I shoot
a 2nd time).
Note how this concept must be developed on several cases.
Rashi did not bring this law down explicitly (though he
started the ALIGNMENT and indicated "I will try and give
most of the inferences"---apparently he left some to the
student.
Rambam although he does not derive this law from this verse
in this chapter nevertheless does derive it from this verse
in Chapter 4.
*4 The Rambam APPEARS to cite a verse here but the context of
the phrase
>and erase the evil from your midst
does not indicate "crime before a court".
In fact the BAIS BECHIRAH on Sanhedrin points out that any
judicial rendering requires judicial review....hence we
must intepret this Rambam as RABBINIC...the court exercises
its right to execute a non convicted murderer because otherwise
he will just do it again.
*5 Rambam does give the derivation but Rashi doesn't. Again
however Rashi clearly indicates that
>many derivations come from the alignment of verses
In this case 2-21-14 vs 2-21-12 speak about
>killing ones FRIEND (vs killing a person)
from which we infer that murder of a non jew does not
carry a death penalty. (Again, Rambam develops this
principle in greater detail)
*6
*7 These two laws are clearly stated in the Bible and cited
by both Rambam and Rashi. Note how Rambam clarifies Rashi
>The law (that you are exempt from a death penalty)
>if your slave died 24 or more hours after you hit
>him is not just because the verse says
>Because the slave is YOUR property
Rather as Rambam points out the law derives from the
fact that the master had the right to discipline the
slave. Therefore this law is covered by Rashi on 2-21-14
where it is pointed out that
>deceptive killing is required for a death penalty
Therefore there is no death penalty on
>a father disciplining a child
>a teacher disciplining a student
>a master disciplining a slave
Note how Rashi's development is more detailed in this case
*8 This is a novelty of the Rambam and does not have a Talmudic
basis. Nevertheless I have suggested in v2b31-13, v1n16,
that the ACH in 2-21-20:21 may lend scriptural support to
the Rambam. Thus the verse would read
>USUALLY if your slave dies after 24 hours you are
>not liable to a death penalty
The Rambam would explain
>USUALLY you are not liable--but if you hit him with
>a knife vs a rod you are liable.
*9 Neither Rashi nor Rambam brings verses for these cases. It is
normal in Talmudic study to examine
>LIABILITY OF PARTNERS
In this case we ask if the SLAVE OWNERSHIP EXEMPTION
>(No death penalty if your slave dies 24 hours or more
>after you smote him during normal disciplining)
applys in partnership situations. Very often these discussions
are LOGICAL not DERIVATIONAL and hence the approach of Rambam/
Rashi (of not mentioning any derivation) seems to be correct.
Nevertheless, we mention in passing that some scriptural
attempts do exist in the Mechiltah.
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#*
VERSE: v2a21-14
======
v2a21-14 When a person willfully plots on his friend
to deceptively kill him ..he shall die
v2b21-20 If a person smite his slave with a rod
and the slave dies then his blood shall
be avenged.
v2a21-21 But if the slave survives a day or days
v2b21-21 then he is not avenged because he is
his property.
RASHI TEXT:
===========
v2a21-14 Only willful murders are punishable by death
Accidental murders or even murders that result from
disciplining of father on sons, teachers on students,
masters on slaves are not punished.
v2b21-20 There is only a death penalty if you kill with
>A ROD---
that is something that can deliver a lethal blow
But if you kill with something without a lethal
blow you do not die.
v2a21-21 "DAY OR DAYS"---------
is a Biblical idiom meaning a 24 hour period
(Which can occur in a DAY or over a period of 2 DAYS)
v2b21-21 The exemption that
>there is no death penalty if you hit a
>slave and he doesn't die in the first 24
>hours
only applies to YOUR slaves (because you have
the right to discipline them)--it does not apply
to other peoples slaves
BRIEF BUT COMPLETE NARRATIVE EXPLANATION:
=========================================
Rashi uses the ALIGNMENT method here which is compactly reproduced
in {LIST1}. The ALIGNMENT method requires that SIMILAR verses be
written and LINED UP one against the other so as to reveal
similarities and differences. These differences are then the source
of legal inferences. These legal inferences do not come from extra
words but rather from the fact that certain parts of the aligned
verses are the SAME while others are DIFFERENT.
------------------------------------------------------
|QUESTION 1: |
|=========== |
|Try aligning the 4 verses |
| >2-21-12 |
| >2-21-14 |
| >3-23-17 |
| >2-21-20 |
|Then compare your answer to ours. |
------------------------------------------------------
Before proceeding kindly make sure your word processor or browser
is set to COURIER 10 or COURIER NEW 10 or FIXED WIDTH. Because
everything is based on COMPARISONS OF VERSES we have no narrative
part; everything is in the LISTS below.
Let us review how this list should be read. If you read down any
COLUMN you will see a verse. For example the left hand column
reads
>he who hits a man and that person dies; he is executed
which is the text of 2-21-12. For this reason the left hand column
is labeled 2-21-12.
On the other hand if you read across any ROW you can see
the COMMON features of all verses or the DIFFERENCES between
them. As a simple example, 3 of the 4 verses begin
>if someone HITS
while one verse begins
>if someone MURDERS
This difference occurs on row "C" (you can find the row labels in
the NOTE column on the far right). By referring to NOTE C you
can see the explanation of this difference.
As a final example row H shows 4 differences in the 4 verses
on the murder victim who is called
> a man
> a human soul
> his friend
> his slave
For example, since it says BOTH
>A MAN and A HUMAN SOUL
we interpret the word MAN broadly as applying to MAN, WOMAN,
CHILDREN but not to foetuses that do not have souls.
These differences are explained in FOOTNOTE H. (Not all differences
are explained here--only those that we need to clarify Rashi and
Rambam). The explanations of the footnotes form {LIST2}.
COMMENTS ON RASHI'S FORM:
=========================
LISTS {For ADVANCED students and for those with more time}:
===========================================================
{LIST1} {Alignment of 4 verses. Explanations are in {LIST2}}
2-21-12 2-21-14 3-23-17 2-21-20:21 Note
================== =============== ============= ============= ====
if willfully when a
a man a man a man b
he who hits murders that hits hits c
deceptively d
all of e
a man his friend; a human soul his slave f
with a rod g
& that person dies & he died h
from my altar i
heis executed take him to die he is executed he is avenged j
But if he
survives
a day or days k
he is not
avenged
because he is
his property l
{LIST2} {Explanations of differences in {LIST1}}
NOTE EXPLANATION RASHI
==== ======================================================= =======
a Only WILLFUL murders are punished by death 2a21-14
b A MAN who kills receives death penalty(but not a minor) 2b21-12
c See footnotes (f) and (i)
d DECEPTIVE murders are punished;not Father spanking son 2a21-14
e Death penalty only if you kill "ALL" of person but Rambam
not if eg you shot a person who was already shot Mrdr4:6
f HIS FRIEND;no death penalty for non-jews' murder Rambam
Death penalty for murdering MAN, WOMAN, CHILD 2b21-12
But not a foetus(which does not have a HUMAN SOUL) 2b21-12
g WITH A ROD=Something that can kill(else no penalty 2b21-20
h Death penalty only if the victim DIED (that is the blow 2b21-12
was potentially lethal--if he died from a non-lethal
blow there is no death penalty)
i The delivery of a death penalty takes precedence over 2b21-14
temple service (a priest who kills is executed even if
he is needed for temple service)
j Not explained by Rashi
k Rashi explains that the Biblical phrase 2a21-21
>Day or days
is an idiom meaning a 24 hour period
I have no list to support this and therefore
just accept it as a dictionary definition
l Rashi uses {LIST3} showing that some laws ONLY APPLY 2b21-21
to HIS PARENTS or HIS SLAVES while other laws apply
to ALL people.
{LIST3} {Verses in 2-21-12:20 with/without POSSESSIVEs}
VERSE TEXT HIS? WHO? INTERPRETATION
======= =================== ==== ======== ==============
2-21-12 When a person hit a man
2-21-14 When a person hit HIS friend Fellow Jews
2-21-15 When a person hit HIS parents HIS parents
2-21-16 When a person steal a person
2-21-17 When a person curses HIS parents HIS parents
2-21-18 When a person hits HIS friend Fellow Jews
2-21-20 When a person hits HIS slave HIS slave
2-21-21 ....because he is HIS property HIS slave
Thus the LAW
>of not receiving a death penalty for accidentally
>killing a slave while disciplining him/her
only applies to
>YOUR slave
since you have the right to discipline your slaves.
This simple explanantion is added by the Rambam
who clarifies the law...it ties in with footnote
D above.....a father has a right to discipline his
son, a teacher has a right to discipline his student
and a master has the right to discipline a slave.
CROSS REFERENCES:
=================
v1n12, v2b21-12 --- Shows the alignment of v2b21-12
with v3-24-17
ACKNOWLEDGEMENTS:
=================
RULE CLASSIFICATION {See the web site for comparable examples}:
===============================================================
DOUBLE PARSHAS
DOUBLE PARSHAS
DOUBLE PARSHAS
DOUBLE PARSHAS
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VERSE: v1a9-5
======
v1a9-5 I will SEEK the blood of your souls
v1c9-5 I will SEEK it(your blood) from animal (murders)
v1d9-5 I will SEEK the soul of man..from man
v1a9-6 Murder will be punished by human hands
RASHI TEXT:
===========
v1a9-5 "I will SEEK the blood of your souls"
RASHI: This refers to a SUICIDE
v1c9-5 "I will SEEK it(your blood) from animal (murders)"
RASHI: This refers to tying someone up before
an animal
v1d9-5 "I will SEEK the soul of man..from man"
RASHI: This refers to a willful murder
where there are no witnesses
v1a9-6 "Murder will be punished by human hands"
RASHI: This refers to a willful murder
where there are witnesses
BRIEF BUT COMPLETE NARRATIVE EXPLANATION:
=========================================
Rashi uses the principle of
>CLIMAX.
This principle states that when 4 or more similar items
are listed in a verse it is proper procedure to interpret
them sequentially in a developmental pattern.
----------------------------------------------
|QUESTION 1: |
|=========== |
|Review the items in verses 5 and 6. Can you |
|see them as a sequence? What is the climax |
|of this sequence? How do the items in the |
|verse increase sequentially? |
----------------------------------------------
The SEQUENCE aspect of 1-9-5:6 can be best appreciated thru the
Rambams point (Murder 2:2-3) that there are 3 distinct sentences
in 1-9-5 each having the word SEEK in them
>I will SEEK your own blood (suicide)
>I will SEEK it from animals (murder by animals)
>I will SEEK it from people (murder by hire).
Notice how we are emphasizing, not
>Extra words but
>Extra sentences.
It is not hard to see the ASPECT OF MURDER indicated by each
sentence.
SUICIDE
-------
Normally we think of murder as an
>act of theft
The murderer steals the persons LIFE FORCE from him. Such a
perspective would however not see SUICIDE as a sin. Therefore
the Torah emphasizes that Murder is a
>crime against God--
the murderer diminishes the Divine Presence in the world. Hence
the suicide committer has deprived the world of an extra soul
MURDER BY ANIMALS
-----------------
Rashi picturesquely gives a defense argument for a murder act
of tying a person up before animals
>I didn't kill him. I simply tied him up before the
>lion. The lion killed him. Lions kill lots of
>people. Even if what I did was wrong I shouldn't
>get the death penalty because I did not commit
>the whole murder.
MURDER BY HIRE
--------------
Already in 1-3-14 Rashi gives a defense argument for a murder
by hire
>I didn't physically kill him. I simply paid money
>to thugs to kill him. The thugs should be sentenced
>to death. They didn't have to listen to me. Yes, I
>know there are witnesses to my hiring them but the
>hire is not an act of murder. The real murder was
>done by the thugs.
So when we come to 1-9-6 we understand why the willful murder is
punishable by a court death penalty. The willful murder used
>a physical force that directly kills(not eg by hire)
>the force inevitably results in death(not eg by animal)
>the murderer destroyed a divine image(not an act of theft-
so it can't be atoned for by payment)
Hence he must be put to death and cannot have his sin atoned for
otherwise. (Other acts of murder (such as by animal or hire)are
not punishable by human courts).
This sequence is compactly summarized in {LIST1}. {LIST1} also
gives further details on certain interpretations we have given
to Rashi.
COMMENTS ON RASHI'S FORM:
=========================
LISTS {For ADVANCED students and for those with more time}:
===========================================================
{LIST1} {Summary of 4 items in 1-9-5:6. The LIST below shows
how they form a SEQUENCE of increasing items.
Rashi makes further comments on these verses which
will be discussed in a future issue*2}
TYPE WHAT THIS TYPE OF MURDER
OF EMPHASIZES IN THE
MURDER SEQUENCE OF 4 ITEMS VERSE
======= =============================== ==========================
Suicide Murder is crime against God I'll seek Your souls blood
Animal Murder force not deterministic I'll seek From animals
Hire*1 Murder force from others I'll seek from people
Murder Person does it;death inevitable Murder punished by man
FOOTNOTES
*1 Rashi actually identifies this phrase with
>Willful murder without witnesses
But a murder thru hire is also a
>Willful murder without witnesses
Furthermore we can't assume that Rashi believed that
>The verse talks about Willful murder & no witnesses
Because that would not add anything to the sequence since
it is an established principle in Jewish law that
>witnesses just CLARIFY status; they do not ESTABLISH it
In other words we can't claim for example that a
>murder without witnesses
is an act of a different type of criminality then a
>murder with witnesses
Consequently we interpret Rashi's
>Willful murder without witnesses
to mean
>a murder by hire (since witnesses wouldn't convict)
*2 Rashi adds 2 items on
>murder thru suffocation (vs stabbing)
>negligent murder
We however are simply concerned with the list here.
In a future issue we will show the consistency of this
list with the other two items.
CROSS REFERENCES:
=================
ACKNOWLEDGEMENTS:
=================
RULE CLASSIFICATION {See the web site for comparable examples}:
===============================================================
CLIMAX
CLIMAX
CLIMAX
CLIMAX
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End of Rashi-Is-Simple Digest
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