#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
  -----------------------------------------------------------
  |      Rashi is Simple Version 2.0                         |
  |      (C) Dr Hendel, Summer 2000                          |
  |       http://www.RashiYomi.Com                           |
  | PERMISSION to reprint WITH this header if NOT for profit |
  ------------------------------------------------------------


VERSE: Dt21-21a

RASHIS COVERED: Dt21-21a Dt19-20a Dt7-13a

Rashi compares the following 4 paragraphs dealing with
death penalties


{LIST} {4 sins, receiving death penalty where it says
        "and EVERYBODY will SEE and FEAR (and not do Evil)"}

VERSE    THE SIN COMMITTED            PHRASE USED
-------  --------------------------   ---------------------------
Dt13-12  Person seduces to idolatry   all JEWS will listen/fear
Dt17-13  Rebellious elder             whole NATION listen/fear
Dt19-20  False witnesses              LEFTOVER PEOPLE listen/fear
Dt21-21  Rebellious son               all JEWS will listen/fear


So Rashi-is-Simple
---The execution REQUIRES PUBLICITY*1
---The execution should be done on the festivals when the
   whole country is there*2


NOTES
-----
*1 All death penalties require PUBLICITY (So that if someone
   knows a defense they should come forth--eg Rambam Courts
   Chapters 11-13)

   Since PUBLICITY is only mentioned by 4 death penalties and
   we learn it for ALL death penalties I assume we use the
   method of GENERALIZATION (BINYAN AV). Something said for
   one example is true for all examples (See Rashi Pesachim 6)

*2 But according to Rambam Courts Chapters 11-13 we do NOT
   delay executions for any purpose (even if she was pregnant
   and even if he was offering a sacrifice).

   How then can we reconcile this with the statement that
   the execution is done by the Holidays (So all Jews should
   see it).

   Presumably Rashi only holds this by a rebellious elder
   The question then arises as to why this law--that we wait
   till the festival is not generalized to all cases.

   Possibly Rashi emphasized the fact that in the other
   cases it says 'all JEWS will see and fear' while by
   the rebellious elder it says 'the whole NATION will see
   and fear'.

   This would justify
   a) Generlizing the other 3 cases to all capital cases
      The execution must be publicized

   b) Delaying the rebellious elder case till the whole
      NATION can see it.


   This is also part of the Rabbi Ishmael rules
----------------------------------------------------------------
   "If an example--like publicizing the rebellious elder death--
    is part of a general rule---like the rule to publicize all
                                executions--
    and that example 'left' the rule---because it says the WHOLE
                      NATION vs ALL JEWS by the rebellious elder
                     thus requiring delayal till the festival---
    then you cannot apply the new rule---delaying till festival--
    unless the verse explicitly returns the excepted example
    back to the general class.
----------------------------------------------------------------

RULES USED: DOUBLE PARSHAS
---------------------------------------------------
WARNING: The following additional references may be too wordy
However they frequently contain additional information & lists
The hyperlinks only work on the main website

Volume 7 Number 13


#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*