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Biblical verses Ex21-28
discussing damages by one's ox states
And if an ox gore a man or a woman, that they die, the ox shall be surely stoned, and its flesh shall not be eaten; but the owner of the ox shall be acquitted.
Rashi perceives this Biblical law as an example of a
more general theme:
The given Bibilical law applies whether the damage was done by
an ox or any other animal.
Here Rashi uses the generalization method.
We have made explicit the idea that the generalization
method is implemented by perceiving the Biblical laws as examples
rather than literal.
Advanced Rashi: This Rashi is echoed in the opening paragraph
of Rambam's great law code, Chapter 1 of the laws of Monetary Damage. The fact
that both Rashi and Rambam make the same comment shows that the generalization
method is not an option of commentary but rather an obligation of
commentary. Each reader of the texts is obligated to generalize these laws.
Interestingly Rambam is explicit about the Rashi method: Although the Biblical
text is specific to the damages of an ox the law equally applies to any
animal; the text simply spoke about typical cases of damage. Here Rambam explains
why the Bible used the generalization method: The focusing on typical cases
facilitates memory.
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#*#*#*# (C) RashiYomi Inc., 2007, Dr. Hendel, President #*#*#*#*#
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