align-4



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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 review the alignment
of two verses forbidding bribery and miscarrying
justice. Some errors from the Rashi is Simple posting
indicated below are being corrected.

REFERENCE:
=========
Todays unit comes from the following posting

http://www.RashiYomi.Com/ex23-08a.htm
http://www.RashiYomi.Com/h6n23.htm (A Wordier version)

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======= ALIGNMENT OF THREE VERSES PROHIBITING BRIBERY ===========

ALIGNMENT OF THREE VERSES PROHIBITING BRIBERY


 EXAMPLE 21: Ex23-08a Dont take BRIBES: ---- to make case WRONG
 EXAMPLE 22: Dt16-19c Dont take BRIBES: Even to make case RIGHT
 EXAMPLE 23: Dt24-17a Dont miscarry justice:Whether RICH | POOR

 The verses below simply state
 --Dont miscarry justice 
 --Dont take Bribes 

 The continual repetition and subtle differences imply:
 --dont take a Bribe EVEN if there is no miscarriage of justice
 --the are multiple prohibitions(fines/lashes)for miscarrying
   justice of the poor.

 The list below exemplifies the fundamental principle that 
 REPETITION can 
 --indicate a BROADENING of the LAW
 --indicate MULTIPLE violations

 Here is the LIST
=================================================================
VERSE PHRASE1 PHRASE2 PHRASE3

Ex23-06
Dont miscarry court
cases of the poor
Dont take bribes

Dt16-19
Dont miscarry court
cases
Dont take bribes

Dt24-17
Dont miscarry court
cases of alen/orphn


Differs
*1 *2
*3

COMMENTS

NOTES
=====
*1 These phrases are identical

*2 One verse refers to the POOR, one verse refers to ALIENS
   ORPHANS, and one verse simply says dont miscarry (ANYBODYS)
   case.

   Rashi explains
   ----------------------------------------------------
   If you miscarry a POOR MANS COURT cases you have TWO 
   violations (and receive 2 fines/punishments/lashes)
   ----------------------------------------------------
   
   Rambam explains similarly except the Rambam explicitly
   mentions that you could violate up to THREE violations.
   Furthermore this count (3 violations) is consistent 
   with the methodology in Rambam Courts 18:3

   In light of the fact that there are THREE verses I would
   interpret Rashi to agree with Rambam. Furthermore as
   the following Rashis show Rashi frequently says simply
   refers to TWO VIOLATIONS when in fact there might be
   THREE OR FOUR violations (Cf the Rashi on Dt25-14 vs 
   Lv19-13)

*3 Up till now in this series we have been inferring
   laws from DIFFERENCES in aligned verses. In Dt16-19
   Rashi infers DIFFERENCES from REPETITIONS.  

   REPETITIONS are used to indicate EMPHASIS: To
   indicate that something holds IN ALL CASES, even
   where you wouldnt expect it.

   In the situation at hand I understand that it is 
   forbidden to take Bribes, to create a false verdict.
   
   Hence the repetition implies that it is forbidden
   to take a bribe EVEN AFTER YOU HAVE REACHED A DECISION
   TO JUDGE THE CASE PROPERLY AND THE BRIBE IS FOR A 
   PROPER DECISION.

   As Rashi points out the justification for interpreting
   the REPETITION to EVEN CASES where you judge correctly
   is supported by the prohibition of MISCARRYING justice
   (even without taking money). It would therefore follow
   that the Prohibition of Bribes could refer to a 
   situation where there is no miscarriage.




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ALIGNMENT OF THREE VERSES PROHIBITING BRIBERY
EXAMPLE 21: Ex23-08a Dont take BRIBES: ---- to make case WRONG EXAMPLE 22: Dt16-19c Dont take BRIBES: Even to make case RIGHT EXAMPLE 23: Dt24-17a Dont miscarry justice:Whether RICH \| POOR The verses below simply state --Dont miscarry justice --Dont take Bribes The continual repetition and subtle differences imply: --dont take a Bribe EVEN if there is no miscarriage of justice --the are multiple prohibitions(fines/lashes)for miscarrying justice of the poor. The list below exemplifies the fundamental principle that REPETITION can --indicate a BROADENING of the LAW --indicate MULTIPLE violations Here is the LIST =================================================================
VERSE	PHRASE1	PHRASE2	PHRASE3
Ex23-06	Dont miscarry court	cases of the poor	Dont take bribes
Dt16-19	Dont miscarry court	cases	Dont take bribes
Dt24-17	Dont miscarry court	cases of alen/orphn
Differs	*1	*2	*3

COMMENTS
NOTES ===== 1 These phrases are identical 2 One verse refers to the POOR, one verse refers to ALIENS ORPHANS, and one verse simply says dont miscarry (ANYBODYS) case. Rashi explains ---------------------------------------------------- If you miscarry a POOR MANS COURT cases you have TWO violations (and receive 2 fines/punishments/lashes) ---------------------------------------------------- Rambam explains similarly except the Rambam explicitly mentions that you could violate up to THREE violations. Furthermore this count (3 violations) is consistent with the methodology in Rambam Courts 18:3 In light of the fact that there are THREE verses I would interpret Rashi to agree with Rambam. Furthermore as the following Rashis show Rashi frequently says simply refers to TWO VIOLATIONS when in fact there might be THREE OR FOUR violations (Cf the Rashi on Dt25-14 vs Lv19-13) *3 Up till now in this series we have been inferring laws from DIFFERENCES in aligned verses. In Dt16-19 Rashi infers DIFFERENCES from REPETITIONS. REPETITIONS are used to indicate EMPHASIS: To indicate that something holds IN ALL CASES, even where you wouldnt expect it. In the situation at hand I understand that it is forbidden to take Bribes, to create a false verdict. Hence the repetition implies that it is forbidden to take a bribe EVEN AFTER YOU HAVE REACHED A DECISION TO JUDGE THE CASE PROPERLY AND THE BRIBE IS FOR A PROPER DECISION. As Rashi points out the justification for interpreting the REPETITION to EVEN CASES where you judge correctly is supported by the prohibition of MISCARRYING justice (even without taking money). It would therefore follow that the Prohibition of Bribes could refer to a situation where there is no miscarriage.