align-3



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   ======= NEW UNIT --- BACK TO SHORTNESS ==================
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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 give an extended example. Two verses
have half a dozen differences which give rise to a variety
of laws. These laws are explicitly identified by Rashi as
coming from the alignment of verses. Malbims approach is
similar. The Rashis on this verse are also brought down
in Rambam Theft Chapter 9. Thus this example illustrates
unity of approach from several Jewish sources.


REFERENCE:
=========
Todays unit comes from the following posting
http://www.Rashiyomi.com/ex20-03a.htm


#*#*#*# (C) RashiYomi Inc., 2001, Dr. Hendel, President #*#*#*#*#


ALIGNMENT OF TWO VERSES ON KIDNAPPING #1
 

EXAMPLE 5:Ex21-16a  Kidnapping law applies to any human
EXAMPLE 6:Ex21-16b  Kidnapper is only liable if he POSSESSED him
EXAMPLE 7:Dt24-07b  Kidnapper is only liable if they ABUSE USE

Both Ex21-16 and Dt24-07 state that kidnapping a fellow Jew
carries a death penalty. However there are about 6 phrase
differences between these two verses.The 3 tables below compactly
show these differences as well as explain them

(For convenience the concluding phrase
THEN HE WILL BE PUT TO DEATH is left out.
In other words the phrases brought deal with the prerequisites
to a death penalty. As the Malbim points out there is certainly
a serious Biblical prohibition in any case---but there is no
death penalty)

VERSE PHRASE1 PHRASE2

Ex21-16 ------*1--------- Whoever-steals
Dt24-07 If a man is found stealing
Differs *1 *2

COMMENTS

*1 Ex21-16 has no subject: WHOEVER STEALS
   Dt24-07 has a subject:  IF A man STEALS

   Hence we interpret the word MAN broadly to
   mean any responsible ADULT (Rashi Ex21-16a;Rambam Theft 9:6)

*2 The phrases WHOEVER-STEALS and STEALING are the same
   in Hebrew. Similarly, as we see below the phrases for
   SELLING are the same in both verses.

   Hence we conclude that for the Kidnapper
   to be liable to a death penalty he must both
   STEAL a person AND also SELL HIM.



ALIGNMENT OF TWO VERSES ON KIDNAPPING #2
 
VERSE PHRASE1 PHRASE2

Ex21-16 a man -----------*4------------------
Dt24-07 a soul from his brothers from the Jews
Differs *3 --------*4---------------------

COMMENTS

*3 In Ex21-16 it says if you steal a MAN
   In Dt24-07 it says if you steal a SOUL

   Hence we interpret these terms broadly:
   These verses deal with stealing ANY person: man, child,
   woman (provided it is a viable human)
   (Rambam Theft 9:6;Rashi Ex21-16a)

*4 Notice how Dt24-07 has the extra phrase
   -----------------------------------------
   ...steal from his brothers from the Jews
   -----------------------------------------
   This phrase is totally absent in Ex21-16

   The rule is that extra phrases in aligned verses
   imply emphasis and necessity.

   We conclude that these laws (that there is a death
   penalty for stealing and selling someone) only apply
   to fellow Jews: They do not apply
   to the theft of slaves (Because slaves are not
   JEWISH BROTHERS)(Rambam Theft 9:6; absent in Rashi)

   ------------------- EXTRA COMMENTS-------------------------
   In passing there is controversy if there is a death penalty
   for stealing someone like a child or student that you
   half own. There is also controversy what phrase this
   should be learned from. Rashi leaves this out and hence
   I am following suit.


ALIGNMENT OF TWO VERSES ON KIDNAPPING #3
 
VERSE PHRASE1 PHRASE2 PHRASE3

Ex21-16 ------*5--------- and sells him & he was found on him
Dt24-07 and he abuses him and sells him --------*5----------
Differs *5 *2 *5

COMMENTS

*2 See Footnote #2 above

*5 Both verses mention STEALING & SELLING SOMEONE
   (See footnote #2 above)

   But notice how Dt24-07 has the extra phrase
   -------------------------------------------
   ..he steals him and abuses him
   -------------------------------------------

   Similarly Ex21-16 has the extra phrase
   -------------------------------------------
   and the stolen person had been found by him
   -------------------------------------------

   The rule is that extra phrases in aligned verses
   imply emphasis and necessity. Hence to be liable
   to a death penalty the thief has to do all 4 items
   mentioned in these verses. That is the thief must

   --steal someone
   --bring the stolen person into his domain
   --abuse/use him
   --sell him

   So e.g. if you barged into someones house and
   sold a child without first bringing that child
   to your house then you have violated a Biblical
   prohibition but are not liable to the death penalty
   (Rambam Theft 9:2-3 Rashi Dt24-07b)


   -----------------EXTRA COMMENTS-----------------------
   In passing Rashi (Ex21-16b) mentions two items
   inferred from the phrase AND THE STOLEN PERSON
   HAD BEEN FOUND BY THE DOMAIN OF THE THIEF
   ---the thief brought the stolen person into his house
   ---there are witnesses to the sale
   How can Rashi make two inferences from one verse?
   There are a variety of answers.

   I can argue that the inference of witnesses is
   not textual but rather based on the logical fact
   that you cant execute a person for a fact that
   is not confirmed by witnesses.(We can also argue
   that the inference is based on the ORDER of the
   phrases).

   Finally I point out that the Mechiltah brings
   a LIST of verses where the Hebrew word HAND
   means DOMAIN (HE IS FOUND IN HIS DOMAIN) This fact
   aided us in the translation.


#*#*#*# (C) RashiYomi Inc., 2001, Dr. Hendel, President #*#*#*#*#

ALIGNMENT OF TWO VERSES ON KIDNAPPING #1
EXAMPLE 5:Ex21-16a Kidnapping law applies to any human EXAMPLE 6:Ex21-16b Kidnapper is only liable if he POSSESSED him EXAMPLE 7:Dt24-07b Kidnapper is only liable if they ABUSE USE Both Ex21-16 and Dt24-07 state that kidnapping a fellow Jew carries a death penalty. However there are about 6 phrase differences between these two verses.The 3 tables below compactly show these differences as well as explain them (For convenience the concluding phrase THEN HE WILL BE PUT TO DEATH is left out. In other words the phrases brought deal with the prerequisites to a death penalty. As the Malbim points out there is certainly a serious Biblical prohibition in any case---but there is no death penalty)
VERSE	PHRASE1	PHRASE2
Ex21-16	------*1---------	Whoever-steals
Dt24-07	If a man is found	stealing
Differs	*1	*2

COMMENTS
1 Ex21-16 has no subject: WHOEVER STEALS Dt24-07 has a subject: IF A man STEALS Hence we interpret the word MAN broadly to mean any responsible ADULT (Rashi Ex21-16a;Rambam Theft 9:6) 2 The phrases WHOEVER-STEALS and STEALING are the same in Hebrew. Similarly, as we see below the phrases for SELLING are the same in both verses. Hence we conclude that for the Kidnapper to be liable to a death penalty he must both STEAL a person AND also SELL HIM.