#######################################################
#       12 YEAR Ayelet DAILY-RASHI-YOMI CYCLE         #
#                    Apr 28, 2011                     #
#                    YEAR 12 of 12                     #
#                                                     #
#           VISIT THE RASHI YOMI ARCHIVES             #
#           -----------------------------             #
#         HOME   http://www.RashiYomi.Com             #
# WEEKLY RASHI   http://www.RashiYomi.Com/rule.htm    #
#  DAILY RASHI   http://www.RashiYomi.Com/calendar.htm#
#                                                     #
#  Reprinted with permission from WEEKLY RASHI,       #
#  (c) 1999-2011, RashiYomi Inc., Dr Hendel President #
#   Permission to reprint with this header PROVIDED   #
#          it is not printed for profit               #
#                                                     #
#######################################################


#*#*# (C) RashiYomi Inc. 2011, Dr. Hendel, President #*#*#
    6. RASHI METHOD: STYLE
    Rashi examines how rules of style influences inferences between general and detail statements in paragraphs.
    • Example: Every solo example stated by the Bible must be broadly generalized;
    • Theme-Detail: A general principle followed by an example is interpreted restrictively---the general theme statement only applies in the case of the example;
    • Theme-Detail-Theme: A Theme-Detail-Theme unit is interpreted as a paragraph. Consequently the details of the paragraph are generalized so that they are seen as illustrative of the theme.
    This examples applies to Rashis Nu35-23c
    URL Reference: (c) http://www.Rashiyomi.com/rule1225.htm
    Brief Summary: Willful and negligent murder require an initial intended DOWNWARD force. An initial intended UPWARD force is neither willful nor negligent (since gravitational force participated)

Certain Biblical paragraphs are stated in an 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.

Verses Nu35-23:25 discussing negligent murder which leads to banishment to the refuge cities states Or with any stone, whereby a man may die, without seeing him, and he felt it upon him, that he died, and he was not his enemy, nor sought his harm; Then the congregation shall judge ... And the congregation shall deliver the slayer from the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, ... Rashi commenting on the underlined phrases states: A status of willful or negligent murder requires an initial downward (falling) thrust. However a death that took place from something falling after an initial upward thrust - e.g. 1) a person climbing up a ladder who fell, 2) a person climbing up a ladder, one of whose rungs dislodged and fell and 3) a pail carried by a person climbing up a ladder, which subsequently fell and killed - is neither classified as willful nor negligent. [Note: If you throw a knife straight up and it then falls and kills there is no death penalty; but if you threw it sideways and up and it fell and killed there is a death penalty (because in the first case the force killing was gravity while in the latter case there were two forces killing, your initial thrust and gravity.]

Advanced Rashi: Note that there have been several legal citations in todays Weekly Rashi. Several years ago we had a Golden Rambam Rashi series exploring the beautiful relationship between Biblical exegesis and technical Jewish law. The series faded out (primarily because of lack of interest on the readers). However from time to time we still bring citations of Jewish law and explore the exegetical legal interaction.


#*#*#*# (C) RashiYomi Inc., 2011, Dr. Hendel, President #*#*#*#*#