Verse Lv27-32a discussing the requirement to tithe 10% of ones animals states
And concerning the tithe of the herd, or of the flock, of whatever passes under the rod, the tenth shall be holy to the Lord.
Rashi comments:
A typical procedure for tithing ones animals would consist of passing all animals
before the person and dabbing with a dyed rod every 10th animal.
Here, Rashi interprets the Biblical phrase passes under the rod by
providing a real-world application of the law, something done in practice.
Since Rashi does not make his derivation from gramamtical or word meaning
considerations or even from considerations from other verses we consider this
an application of a non-verse method.
Advanced Rashi: The verse seems to be stating a requirement of the
law: e.g. If a person has a 1000 flock it is not sufficient for the person
to take 100 and designate it as tithe. Rather the person has to actively separate one
in every 10 animals. It is my opinion that the Bible does not require using a rod and
dye. Rashi as indicated above just gave a typical application. But rather the Bible
required physical marking and selection. If this is correct then if for every 10 sheep nine are
veered to the left and one to the right the person would fulfill his obligation since
a physical marking (a designated place) was made for the tithed sheep.
Another perspective
on this is obtained by using the style rules, rule #6: We may regard dyeing with a rod
as an archetypical example of any physical marking and selection procedure. It would
follow that just as presence in a field is not a prerequisite for convicting a rapist -
(despite the explicit Biblical language that the rape happened in a field (Dt22-25) -
so too an actual rod is not a prerequisite for titheing. Rather a field is a typical
place where rapes take place (because the women's screams would inhibit a man in the city).
Similarly a rod is simply a typical way of taking tithe. Rashi's dyed rod is simply
a clarification of the mechanics of this typical method. For this reason we have
classified Rashi's dyed rod as an example of a non-verse method.
|