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VERSE: Dt21-22b

RASHIS COVERED: Dt21-17b Dt21-22b Lv07-26a Dt18-03b

RULE:
----
a) If the Torah gives only an EXAMPLE then
   the example should be generalized

   eg Dt25-04 "Dont muzzle an OX" implies
   "Dont muzzle ANY ANIMAL

b) But If the Torah gives a GENERAL CLASS & EXAMPLE then
   the example should NOT be generalized

   eg Lv01-02 "Offer sacrifices from ANIMALS-from OXEN"
   implies that ONLY oxen can be brought for sacrifices


EXAMPLES
--------
1) Dt21-22b

   A person who is EXECUTED is hung (GENERAL STATEMENT)
   ...
   since he has DESPISED God        (DETAILED STATEMENT)

   So only those criminals liable to a death penalty who
   have also DESPISED God are hung (ie the idolater and
   the blasphemer)


   (NOTE: There are 36 people who are executed for their
   sins. Of these 36 people,2--the idolater and the
   blasphemer--are also HUNG after their execution.
   The above verse is used to teach which of the 36
   executed people are hung)*2


2) Dt21-17b

   He shall give his 1st born, double inheritance (GENERAL)
   among the things found by him                  (DETAILS)

   So eg the 1st born (of say 2 children) gets 66% of
   the fathers estate but only 50% of the fathers bonds
   (Because bonds aren't ASSETS that 'are found by him')


3) Lv07-26a

   Do not eat BLOOD      (GENERAL)
   From BIRDS or ANIMALS (DETAILS)

   So only BIRDS and ANIMAL-BLOOD is prohibited.
   But the blood of FISH and GRASSHOPPERS is permitted

4) Dt18-03b

   These are the laws for those who offer SACRIFICES (GENERAL)
   ..whether OXEN or SHEEP                           (DETAILS)

   So the above laws ONLY apply to OXEN and SHEEP
   not to BEASTS or BIRDS



NOTES
-----
*1 There are several RabbiIshmael rules that require
   generalization---for example DETAILS-SPECIES or
   SPECIES-DETAIL-SPECIES or just EXAMPLE by itself.
   Each of these requires generalization but of a
   different degree. It would take us too far afield
   to give details now so we are simply noting it.


*2 This is a peach of an example for those who want
   to learn Rabbi Ishmael Rules as well as those like
   Dr Loike who want proof that Rashi doesn't always say
   what he means

2a The Talmud Sanhedrin 45 uses this verse to discuss the
   RabbiIshmael rule of GENERAL-DETAIL. To be brief the
   Talmud points out 2 items

   ---In applying the GENERAL-DETAIL rule we must distinguish
   if the GENERAL-DETAILS are right next to each other as in
   Lv01-02 "Offer ANIMALS-Offer OXEN" or if they are separated
   by phrases as in this verse "An executed person is hung...
   bury him on that day...he has despised God" Thus the
   GENERAL STATEMENT (executed) and DETAILED STATEMENT
   (despised God) are separated

   ---Although there is agreement that the example should be
   made specific and not generalized there is controversy on
   HOW SPECIFIC it should be made

   ---We could say ONLY executed people EXACTLY LIKE those
   who despise God (blasphemer)--this would include the idolater

   ---We could say ONLY executed people LIKE those that despise
   God (this would include all stoned people)

   However we do not FULLY GENERALIZE the example
   ---We do not say EVERY PERSON EXECUTED is hung

   The reader may be rightly confused
   "First you say that GENERAL-DETAIL is not generalized and then
   you quote several opinions that maybe it is generalized. Which
   is it?"

   But that is the nature of Talmudic controversy. My job here
   is to show you what Rashi is doing. Rashi is, despite the
   confusion, simple--he is dealing with the EXAMPLE ("for he
   despised God"). How far to go with dealing with this EXAMPLE
   is complicated and the subject of Talmudic controversy.



2b We now answer John Loikes question--How can I give strong
   proof that Rashi does not mean what he says"

   SIMPLE! The law is that ONLY the blasphemer and idolater
   are hung. But Rashi does not say that! He cites the opinion
   that all executed people are hung! (This law is reached
   thru the "laws of decision" which indicate in controversies
   whose opinion we follow--so Rashi could NOT have believed
   what is wrote).


   However This law ("all are executed") is in fact the
   beginning of the Talmud in Sanhedrin. I have no choice but
   to assume that RASHI WAS CITING THE BEGINNING OF THE
   TALMUD WITH THE EXPECTATION THAT THE TEACHER WOULD EXPLAIN
   ALL DETAILS.

   Here are some other examples where Rashi cites the BEGINNING
   with the EXPECTATION that the whole will be cited


   EXAMPLE 2: We cite the VERSE, SIFRAH and RASHI

   VERSE:  Lv06-32b "....this law applies to ALL SIN OFFERINGS"

   SIFRAH: Rabbi Akivah says "ALL" extends the law to ALL
   offerings. To this his colleagues demur "How can ALL SIN
   OFFERINGS" mean ALL OFFERINGS (We never find ALL extending
   a law outside its class). Rather ALL SIN OFFERINGS includes
   the GUILT OFFERINGS (Which are just like the SIN OFFERINGS)
   This last opinion is the accepted law.

   RASHI: "ALL" extends the law to all OFFERINGS

   Notice how Rashi cited something that is not accepted as
   law and also is illogical (How can ALL SIN OFFERINGS mean
   ALL OFFERINGS).

   Again I conclude that Rashi intended that this be continued
   by the teacher

   EXAMPLE 3: On Ex32-13a Rashi gives 2 reasons why the
   "merit of the patriarchs" is mentioned in prayer.

   But as I showed in the longer Digest posting these 2
   reasons are the opening paragraphs of a whole chapter
   in Exodus Rabbah (I believe 44). As I also showed there
   the first paragraph is quite illogical but nevertheless
   Rashi cited it instead of the more logical continuations
   Obviously Rashi EXPECTED the teacher to cite the whole
   chapter.



RULES USED: RabbiIshmael
---------------------------------------------------
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Volume 7 Number 13


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