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VERSE: Lv10-06c

=========================== Lv10-06c ========================

SUCCINCT SUMMARY
----------------
Rashi sometimes employs the STYLE methods of Rabbi Ishmael.
A basic rule is that BIBLICAL examples should always be
GENERALIZED (unless some restrictive feature exists in
the verse)

EXAMPLE Lv10-06c
----------------
Lv10-06, speaks about the death of NADAV and AVIHU
who offered improper sacrifices. Moses explains to
Aaron and the remaining sons
------------------------------------------------
And your brothers the nation of Israel
will mourn the burning which God burned
------------------------------------------------

Thus the verse only requires Jews to mourn Nadav
and Avihu

Rashi, using the Rabbi Ishmael style rule of GENERALIZATION
states
---------------------------------------------------
And just as all Jews had to mourn Nadav and Avihu
so do all Jews have to mourn the death of any
Scholar
---------------------------------------------------
============================================================
ITEM                     DETAIL
======================== ===================================
RASHI RULE CLASS:        STYLE
RASHI SUBRULE CLASS      BROAD
RASHI WORKBOOK PRINCIPLE #23
SEE BELOW                LIST401a
A List of Verses         Interpreted Broadly(Generalization)
============================================================

=================== LIST401a ===============================
A List of Verses         Interpreted Broadly(Generalization)
============================================================
VERSE    TEXT OF VERSE      GENERALIZATION
======== ================== ================================
Lv10-06c Jews Mourn NADAV   Jews mourn death of any SCHOLAR
Dt06-14a gods NEAR YOU      ALL gods (whether near or far)
Dt06-07d House,road,sleep.. All facets of life*15
Lv25-14a Buy from JEW       Buy from ANYBODY*14
Lv25-25a If POOR;sell land  If you EVER (poor/not)sell land
Ex21-19a Walk on Cane       Regain his health
Nu05-13g She wasnt GRABBED  wasnt RAPED
Ex21-18b Tort on BEDRIDDEN  DISABILITY
Ex21-26b Free if TOOTH fell VISIBLE IRREPLACABLE organ*4
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
-------  -----------------  ----------------
Gn03-01c Dont eat from tree God hates you/prevents growth*3
Gn43-20a Cried for brother  Binyamin said he missed Josph*3
Gn43-34b Gave Ben 5-fold    Josephs whole family gave*3

NOTES
-----
*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

*3 In these examples the principle of BROAD INTERPRETATION
   is applied to NARRATIVE vs LEGAL text. Thus DONT MUZZLE
   AN OX WHILE THRESHING is a LEGAL ORDER. We generalize
   and prohibit muzzling any WORK ANIMAL.

   Similarly
   - THE SNAKE SAID GOD PROHIBITED EATING FROM THE TREE
   is a narrative text that is generalized to mean that
   GOD HATES YOU AND DOESNT LET YOU EAT.

   For proof of applicability of the GENERALIZED RULE
   to Narrative see footnote *12

   For a critical examination of Rashis and the GOOD-EXAMPLE
   method see footnote *13

*4 Rashi explains that EYE by itself subsumes organs
   organically born with the person while TOOTH by
   itself implies REPLACABLE organs (like the teeth
   of small children). By mentioning both EYE and TOOTH
   we include all IRREPLACABLE VISIBLE organs.

--------------------- LONGER FOOTNOTES ----------------

*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

*12 The Radack boldly asserts
    - The statement EVEN IF GOD SAID DONT EAT FROM TREE
    was the CONCLUDING statement of a long conversation.
    We are justified in filling it in.

    Radack justifies this approach because of the word
    EVEN which always occurs in the middle of a conversation

    Similarly Radack gives Jo02-24 as an example
    -BECAUSE God gave you this land
    Radack again notes that no one begins a conversation
    with the word BECAUSE. Therefore we are justified--
    in fact, forced--to fill in the conversation.

    For details on HOW or WITH WHAT the conversation is
    to be filled see footnote *13

*13 In this footnote we explain how Rashi filled in
    missing conversation. We first explain the GOOD-EXAMPLE
    method. For the original source see
    http://www.RashiYomi.com/rashi.pdf

    The GOOD-EXAMPLE method posits that a Rashi or Midrashic
    text is not giving the WHOLE interpretation of a verse
    but just one GOOD EXAMPLE. Hence the reader (or other
    Exegetes) are justified in giving other good examples.
    Here is the original example from my article

    -Song of Songs Midrash Rabbah Chapter 4 Verse 1
    - Text of verse
      ---------------------------------------
      Wow--you-re beautiful--you-re beautiful
      ---------------------------------------
    - Midrash: You-re beautiful in Man-Man laws; Your beautiful
      in God-Man laws
    - COMMENT: The Midrash is NOT exhausting the meaning
      of the text in this one comment. Obviously the
      Biblical text--you-re beautiful you-re beautiful--
      connotes INTENSE admiration of beauty. The Midrash
      gives but ONE GOOD EXAMPLE of this INTENSE admiration
      The reader is free to give other examples.

    Enough--let us examine how Rashi uses this principle

    - Gn03-01
    The MAIN POINT OF THE BIBLICAL TEXT is that the
    snake was trying to get them to sin (EVEN IF GOD
    TOLD YOU NOT TO EAT). Rashi suggests that the snake
    saw Eve eating from the other trees; Radack suggests
    that Eve told the snake the prohibition of eating
    from tree of knowledge. The snake says--but you can
    eat from some trees..maybe you are wrong in what
    God commanded (the ARE-YOU-SURE argument) Thus Rashi
    uses this text as a springboard for discussing
    how people get other people to sin.

    - Gn43-20a
    The MAIN POINT OF THE BIBLICAL TEXT is that Joseph
    cried over meeting Binyamin. Rashi gives GOOD EXAMPLES
    of what could have happened -- Maybe Binyamin mentioned
    how he named all his children over his missing brother.
    Another good example (not given by Rashi!) is that
    Binyamin could simply mention that his older brother
    was the brother that was missing--and Binyamin missed
    him alot

    - Gn43-34b
    The MAIN POINT OF THE BIBLICAL TEXT is that after Josephs
    harshness to the brothers he acted friendly to Binyamin.
    He invited him to his house, dined with him and blessed him
    So when the Torah says he gave him a 5-FOLD portion Rashi
    gives a good example of how this could have happened--
    maybe Josephs whole family each gave Binyamin a present

    Note that in Gn45-22 it says that Binyamin got a 5-fold
    amount of clothes. But Rashi does not explain this
    5-fold amount!!!! Hence we are justified in seeing Rashis
    explanation of the 5-fold amount in Gn43-34b as a GOOD
    EXAMPLE not a general principle.

    To what can this be compared: If I give someone 18 dollars
    at a wedding. Wouldnt it be wrong to interpret the amount
    as due to the fact that eg the wedding happened on 18th
    street. In fact 18 dollars is a normal amount to give
    at weddings. Similarly with Joseph...there are many 5-folds
    -- Rashi only interprets only one of them...so he was
    only giving a good example

*14 Rashi introduces a new principle on the TYPICAL EXAMPLE
    style: Rashi had already explained that

    - the Torah indicates laws by REQUIRED GENERALIZATIONS
    that flow from Torah-indicated TYPICAL EXAMPLES

    - Rashi now further explains these TYPICAL EXAMPLES
    give PREFERRED PRACTICE.

    For example
    - Bible: If you sell TO YOUR COLLEAGUE
    Rashi: Preferred practice in commerce is to sell
    to fellow Jews

    - Bible: If when you are POOR you sell your land plot
    Rashi: Preferred practice in commerce is not
    to sell personal property till you are poor

    I would therefore think that this method applies
    to all examples in the above list. As a typical
    example Dt22-23a which speaks about a RAPE IN THE FIELD
    indicates preferred practice of rapists (They hang
    out in fields where no one is around)

*15 The literal verse is
    ---------------------------------
    Learn Gods law when
    - you sit in your HOUSE
    - you walk on the ROAD
    - you SLEEP
    - you AWAKE
    ---------------------------------

    Generalizing the 4 CAPPED examples (HOUSE, ROAD, SLEEP,
    AWAKE) I would say simply:
    ------------------------------------
    Learn in ALL FACETS of your life
    ------------------------------------

    This would establish a Biblical requirement of learning
    no matter what your circumstances. This is consistent
    with Rambam, Laws of Learning 1:8
    -----------------------------------------
    ALL are obligated to learn--whether you
    are old, young, infirmed, ....
    -----------------------------------------
    This paragraph in Rambam is therefore seen as a simple
    translation of the Biblical verse.

    However this Biblical verse BESIDES BEING SEEN AS THE
    SOURCE FOR THE OBLIGATION TO LEARN is also seen as the
    SOURCE for the RECITAL of the SHMA prayer.

    The SHMA prayer need only be said TWICE daily(Morning
    and EVENING). Rashi seems to be speaking about the
    Shma when he says
    -------------------------------------------------
    SAY SHMA WHEN YOU SLEEP--even if you take a midday
    nap? (Would you be obligated to say shma when you
    get up)? No! Because the verse says WHEN YOU SIT
    AND WALK--the verse speaks about the normal facets
    of human life.
    -------------------------------------------------

    The matter is further complicated by the strange
    fact that RECITAL OF SHMA is considered a fulfillment
    of LEARNING.

    I would therefore say that Rashi (following the Talmud)
    is using the method of OTHER VERSES. Jo01-08 contains
    the statement LEARN DAY AND NIGHT.

    Combining Jo01-08 with Dt06-07 I would say
    - one is MINIMALLY obligated to LEARN ONCE A DAY AND NIGHT
    This is derived from Joshua and is the reason we are
    required to say SHMA twice (in morning and evening)

    - one is obligated to learn in ALL CIRCUMSTANCES of
    life such as TRIPS, SICKNESS etc (In other words
    one cannot put off ones learning to a later date)
    This law corresponds to the paragraph cited from
    the Rambam above.

    Finally, there is room for further analysis here
    since the requirement of SHMA has additional
    elements besides LEARNING. I believe the above
    Rambam laws and the use of two verses Jo01-08
    and Dt06-07 shed considerable light on these
    complex laws.
============================================================
---------------------------------------------------
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#*#*#*#  (C) 2000-2005, RashiYomi Inc. Dr Hendel President #*#*#*#
Volume 25 Number 12