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#*#*# (C) RashiYomi Inc. 2004, Dr. Hendel, President #*#*#
VERSE: Ex21-26b
Ex21-26b
(C) Dr Hendel, Jan-04


SUCCINCT SUMMARY
----------------
Rashi sometimes employs the STYLE methods of Rabbi Ishmael.
Here a verse is interpreted either BROADLY or RESTRICTIVELY
depending on INTERNAL CUES.


EXAMPLE Ex21-26b
----------------
The Biblical text states that is the master hits
- the slaves TOOTH
- the slaves EYE
then the slave goes free.

Here we generalize the law to all examples similar
to EYES and TEETH (Any
- IRREPLACABLE
- VISIBLE
organ such as the fingers, toes, nose, ear
but not eg the tongue or childrens teeth or eg
if the damage is not visible (Such as castration)
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
(C) Dr Hendel, Jan-04


The following verses are all interpreted
broadly. eg Ex21-18 says PAY DISABILITY
FOR BEDRIDDEN (torts). This is generalized
to ANY disability(BEDRIDDEN or NOT)
VERSE TEXT OF VERSE GENERALIZATION
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
COMMENTS
*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
#*#*#*# (C) RashiYomi Inc., 2004, Dr. Hendel, President #*#*#*#*#