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Verse
Dt24-07
discussing
a death penalty for kidnapping
states
when it is found that a man kidnapped any of his brothers of the people of Israel, and deals with him as a slave, or sells him; then that kidnapper shall die; and you shall purge evil away from among you.
Rashi notes
that
the underlined words,
When it is found
references
verses
Dt19-15
discussing
the establishment of Judicial matters - sins and statuses.
Hence the Rashi comment
In several places the Bible says when it is found that.... However
(1) Dt19-15 explicitly says that judicial matters such as sins and statuses
are established by 2 or more witnesses. Furthermore (2)the Biblical paragraph
Dt17-02:07 discusses a finding of idolatry and explains that
if search and investigation confirms this finding then the idolaters are executed.
The paragraph concludes that 2 or more witnesses are needed to confirm matters.
These two sources set a basis for explaining the Biblical when it is found
that.... to refer to a finding through an investigation of 2 or more witnesses.
Text of Target Verse Dt24-07
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Text of Reference Verse Dt19-15
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when it is found that a man kidnapped any of his brothers of the people of Israel, and deals with him as a slave, or sells him; then that kidnapper shall die; and you shall purge evil away from among you.
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One witness 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, or by the mouth of three witnesses, shall the matter be established.
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Rashi comments:
In several places the Bible says when it is found that.... However
(1) Dt19-15 explicitly says that judicial matters such as sins and statuses
are established by 2 or more witnesses. Furthermore (2)the Biblical paragraph
Dt17-02:07 discusses a finding of idolatry and explains that
if search and investigation confirms this then the idolaters are executed.
The paragraph concludes that 2 or more witnesses are needed to confirm matters.
These two sources set a basis for explaining the Biblical when it is found
that.... to refer to a finding through investigation of 2 or more witnesses.
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Advanced Rashi:
We have presented two derivations above. One is from the reference which requires 2 or more
witnesses for establishment of judicial matters. The other uses the style method rule #6
which requires us to generalize Biblical paragraph Dt17-02:07 which lists a) 2 witnesses and b) investigation/search
as prerequisites to conviction, to all judicial findings. Thus two Rashi rules are at play here.
Notice particularly that Rashi did not explicitly mention either method. Frequently, Rashi lets the student
research how he arrived at his conclusions.
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#*#*#*# (C) RashiYomi Inc., 2011, Dr. Hendel, President #*#*#*#*#
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