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Certain Biblical paragraphs are stated in a example form.
In other words an example of a law is stated rather than the full
general rule. The reader's task is to generalize the example.
The idea that all Biblical laws should be perceived as examples (unless
otherwise indicated) is explicitly stated by Rashi (Pesachim 6.).
This is a rule of style since the rule requires that a text be perceived
as an example rather than interpreted literally. The Rabbi Ishmael style
rules govern the interpretation of style.
Verse
Dt19-15:17
discussing
dealing with false witnesses
states
- One witness (Ayin-Daleth)
shall not rise up against a man for any iniquity, or for any sin, in any sin that he sins;
- by the mouth of two witnesses (Ayin-Daleth-Yud-Mem),
- or by the mouth of three witnesses (Ayin-Daleth-Yud-Mem), shall the matter be established.
- If a false testimony (Ayin-Daleth) rises up against any man to testify against him that which is wrong;
- Then the two men, who bring the case,
shall stand before the Lord, before the priests and the judges, who shall be in those days;
A study of this passage reveals that
- The word Ayin-Daleth can mean either witness or testimony
- As is clear from the bullets above contrasting 1 with 2 or more witnesses
it is necessary that a testimony have at least 2 witnesses.
- Consequently when the Bible uses the singular Ayin-Daleth we must translate this
as testimony, the testimony consisting of 2 or more witnesses.
The Rabbi Ishmael example rule requires generalization. We infer from this passage
that the word Ayin-Daleth when in the singular thoughout the Bible means testimony
unless something in the verse forces one to interpret it as witness. Again the driving force for
this generalization is the explicit statement that 1 witness cannot establish criminality since
2 or more are needed. Some examples where this generalization applies might be
- Ex23-01 Don't partner with a wicked person to become a criminal testimony
- Ex22-12 If the animal was attacked he will bring testimony so as to avoid payment
- Dt05-17 Don't testify against your friend in a false testimony
On the other hand e.g. Lv05-01 would be translated If a soul sins by hearing an oath
and he is a witness - either he sees or knows about it - if he doesn't tell he will bear
his sin. Here we translate Ayin-Daleth as witness since it is talking about
the person in his individual capacity of knowing.
Advanced Rashi:
This example of the Rabbi Ishmael Generalization rule is different in that what is generalized
is a choice between translations - Ayin Daleth can mean witness or testimony. What
the studied verses show is that generally ayin-daleth means testimony.
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