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# 10 YEAR Ayelet DAILY-RASHI-YOMI CYCLE #
# August 6th, 2001 #
# Rashis 891-892 Of 7800 (11.4%) #
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============= HOT ITEMS ================================
ENGLISH RASHI: http://www.mnemotrix.com/metsudah
THE WHITE PAPERS: http://www.RashiYomi.Com/white.htm
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GOALS
=====
This module studies the ALIGNMENT method in Rashi. In this
method 2 different verses are found to be ALMOST the same.
The verses are lined up and the minor differences between
them function as footnotes illuminating the text.
TODAYS UNIT
===========
In todays unit we align 3 verses dealing with cross-
examination of witnesses.
REFERENCE:
=========
Todays unit comes from the following posting
http://www.RashiYomi.Com/dt13-15a.htm
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#*#*#*# (C) RashiYomi Inc., 2001, Dr. Hendel, President #*#*#*#*#
ALIGNMENT OF 3 CHAPTERS ON CROSS EXAMINIATION #1 |
EXAMPLE 37: Dt13-15a Cross examine for time-place of crime
EXAMPLE 38: Dt19-18a Cross examine with 3 types of questions
BACKGROUND
----------
A variety of crimes are mentioned in the Torah. The concept
of CROSS EXAMINING witnesses who see a crime is mentioned
in 3 of these crimes. The 3 crimes where cross examination
are mentioned are: Idolatry, Seducing a city to Idolatry,
and Perjury.
THE TEXT
--------
The text of the 3 verses is presented below. The verses
all seem to say the same thing: CROSS EXAMINE WELL. However
there are about half a dozen minor differences from which
Rashi will infer laws.
THE RASHI
---------
Following the procedure we have been employing in this
ALIGNMENT unit, I will derive the laws Rashi mentions
by simple alignments of the verses. This derivation
greatly illuminates Rashi who seems to use different
methods. However we are using the same method Rashi
used in the other ALIGNMENTS in this series. Further
comments are made in the main postings.
Here is the LIST. |
VERSE | PHRASE1 | PHRASE2 | PHRASE3 | PHRASE4 |
Dt13-15 | & you shall | SEEK | INVESTIGATE, and ASK | WELL |
Dt17-04 | & you shall | SEEK | | WELL |
Dt19-18 | & the judges will | SEEK | | WELL |
Differs | *1 | *2 | *3 | *2 |
| | | | |
COMMENTS |
*1 There is no significance to the differences here
*2 These phrases are identical. The repeated word ASK WELL
creates an emphasis: Dont just do routine cross
examination but pester the witnesses..make SURE it is true
*3 The contrast that one verse has 3 TYPES of questions while
the other verses only have 1 TYPE of question creates an
emphasis: The CROSS EXAMINATION must have multiple question
types: Chazal (Rambam Sanhedrin Chapters 1 and 2) enumerated
3 types of cross-examination questions
--ROUTINE QUESTIONS - WHAT HAPPENED(e.g. he worshipped idols)
--PROBING QUESTIONS - WHEN-WHERE did it happen
--DIGGING QUESTIONS - e.g What was he wearing; what colors?
These 3 types of questions correspond to the 3 verbs used:
--ASK (ShaAL) = ROUTINE QUESTIONS
--PROBE (DaRaSh) = PROBING QUESTIONS
--DIG (ChaKaR = Dig, Ask) = i.e. Pester with details
Further support for these 3 questions types will be
provided below. In passing I note that Jewish law
requires 6 questions on time: (In what DECADE(actually
7 yer cycle) YEAR, MONTH, DAY of MONTH, WEEKDAY, HOUR,
did the crime happen.
According to strict Jewish law we ask only one question on
PLACE. I suggest in the main posting that we ALSO ask
6 questions on place: In what COUNTRY, STATE, CITY,
ZIP CODE, STREET, ADDRESS, did the crime happen. But
this is a conjecture on my part without further support.
|
ALIGNMENT OF 3 CHAPTERS ON CROSS EXAMINIATION #2 |
Continuation of table on Cross examination |
VERSE | PHRASE1 | PHRASE2 | PHRASE3 |
Dt13-15 | and BEHOLD | it is true | it is well founded |
Dt17-04 | and BEHOLD | it is true | it is well founded |
Dt19-18 | and BEHOLD | | |
| *2 | *4 | *5 |
| | | |
COMMENTS |
*2 These phrases are the same. The repeated phrase AND BEHOLD
creates an emphasis: Ask the witnesses so many questions
that you will be surprised that they agree
*4 From the fact that the phrase IT IS TRUE is not repeated
in all verses, it appears that an EMPHASIS is created:
Ask the witnesses questions that would destroy their
testimony EVEN if it has nothing to do with the TRUTH:
Consequently witnesses are asked what the Talmud calls
NON-RELEVANT QUESTIONS: e.g. What color socks was he
wearing, was he wearing a tie, what color was his shirt..
If the witnesses disagreed in one of these details then
EVEN THOUGH IT HAS NO RELEVANCE to the crime committed
(e.g. a murder) then the testimony is invalidated.
*5 I would apply the same reasoning here as I did in
footnote #4
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ALIGNMENT OF 3 CHAPTERS ON CROSS EXAMINIATION #3 |
Continuation of table on Cross examination |
VERSE | PHRASE1 | PHRASE2 |
Dt13-15 | this horrible thing happened in | your midst |
Dt17-04 | this horrible thing happened in | Israel |
Dt19-18 | | |
| *2 | *7 |
| | |
COMMENTS |
*2 This phrase is the same in 2 of the verses. I would
suggest that HORROR is only mentioned on Capital
crimes. The 3rd crime mentioned in Dt19-18, perjury,
need not be a capital crime as e.g. if witnesses
claim that someone owes someone money.
*7 I dont know of a reason for this difference
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#*#*#*# (C) RashiYomi Inc., 2001, Dr. Hendel, President #*#*#*#*#