#*#*#*#*# (C) 2001, RashiYomi Inc. Dr Hendel President #*#*#*#*#
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VERSE: Dt24-06c
RASHIS COVERED: Dt24-06c Dt22-05c
============= THE RABBI ISHMAEL RULE OF GENERALIZATION ==========
REFERENCES
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The URLS discussing this rule may be found at
* http://www.RashiYomi.Com/example2.htm
* http://www.RashiYomi.Com/xampl-30.htm
BACKGROUND
----------
Just to review, based on a Rashi in Pesachim 6:
* The general tendency of the Torah is to generalize all rules
* Thus Torah laws are perceived as examples to be generalized
For instance, the torah said IF YOU RAPE A WOMAN IN A FIELD DO
SUCH AND SUCH but the Law applies to ANY RAPE. FIELD RAPE is
mentioned because rapes typically happen in a field where a
womens protests go unheard.
THE TEXT
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9 examples are brought where the TORAH generalizes. We also
add at the end two examples from this weeks Parshah.
* The Torah said DONT TAKE AS SECURITY GRINDING STONES
But we generalize and prohibit as security ANY items dealing
with essentials to life
* The Torah said DONT LET MEN WEAR WOMEN GARMENTS NOR WOMEN
WOMEN WEAR MALE UTENSILS(weapons) but we generalize & prohibit
vice versa...we prohibit women from wearing mens garments
and prohibit men from wearing female utensils (Jewelry)
This Rashi is similar to Dt15-19b which prohibits
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Dont work with an FIRSTBORN OX, dont shear FIRSTBORN SHEEP
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Rashi generalizes vice versa
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& Similarly dont work with 1stborn SHEEP or shear 1stborn ox!
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THE RASHI
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But the 2 verses brought today are unique among generalizations
in that the Torah EXPLICITLY gives REASONS which therefore
suggest generalization. For example the Torah says
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Dont take as security grinding stones BECAUSE YOU
ARE USING AS SECURITY ESSENTIALS TO LIFE
Dont let women wear male utensils (eg weapons)...BECAUSE
IT IS DISGUSTING
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So the Torah invites us to GENERALIZE BASED ON THE REASON
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Dont take ANY security that is essential to life
Dont make ANY dress-interchange that is disgusting (ie could
facilitate sin
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Todays LIST is detailed with many Talmudic controversies. Those
who wish may suffice with this introduction and the LIST. Those
who want more detail can read the LONGER FOOTNOTES which contain
4 Midrashic references to the 4 categories of gender-interchange
items *10 as well as a detailed derivation of all 4 categories
and an explanation of the Rashi-Rambam-Raavad controversies
Todays list continues the GOLDEN RASHI RAMBAM SERIES
=================================================================
VERSE TEXT OF VERSE GENERALIZATION
======== ========================== =============================
Ex11-28a Pay if an OX gores Pay if ANY ANIMAL gores
Ex21-17a Execute FEMALE witch execute ANY witch
Ex22-21a God avenges hurt WIDOWS God avenges any hurt PERSON
Ex22-30b Dont eat sick FIELD animal Dont eat ANY sick animals*1
Dt22-23a Law for a rape in FIELD Law for rape ANYPLACE
Dt23-11a NOCTURNAL emission law ANY emission law
Dt15-19b Dont shear SHEEP 1stborn Dont shear ANY ANIMAL 1stborn
Dt25-04a Dont muzzle a working OX Dont muzzle ANY working ANIML
Dt13-07f If asked in PRIVATE to sin If asked ANY PLACE to sin
Dt22-05c WOMEN shouldnt wear WEAPON MEN shouldnt wear JEWELRY*11
Dt24-06c GRINDERS cant be security ALL FOOD-UTENSILs cant be*12
NOTES
=====
*1 The intent here is that if an animal is slaughtered according
to ritual law and found to be diseased (e.g. it has a
punctured lung) then that animal is NON-KOSHER EVEN if the
slaughtering was done properly.
Although the verse says dont eat ANY SICK FIELD ANIMALS the
actual law applies to ANY ANIMAL that is SICK (The Torah
simply chose FIELD animals because that is the usual way
animals get sick)
------------------- LONGER FOOTNOTES ----------------------------
*10 The following references may prove useful
The following sources deal with the prohibitions of
male-female-item interchanges. The Bible prohibits
MEN and WOMEN from wearing CLOTHING of the opposite
gender. The issue is which items and activities
are prohibited? The Law prohibits 3-4 types of items
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REFERENCE WHICH PROHIBITIONS DOES IT CONTAIN
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Sifrah/Sifray Jewelry, hair plucking, shave armpits
Nazir 59 Jewelry, hair plucking, shave armpits
Makkoth 20 Prohibition of hair plucking
Rambam Idol 12:9-10 Jewelry, hair plucking, shave armpits
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The following controversies will be touched upon. The
issue is whether the given item is included in the
prohibition of male-female-garment interchanges
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ITEM Rambam Raavad Rashi
---------------- ------------ ------- -----------------
Shave armpits Rabbinically Biblically
Plucking 1 hair Prohibited No
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*11 Rashi-is-Simple on this verse. He states
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The Torah explicitly gives a reason for the prohibition:
Women shouldnt wear mens garments and vice versa BECAUSE
it is an ABOMINATION. Hence, concludes Rashi the prohibition
applies to ALL SITUATIONS WHERE GARMENT EXCHANGE COULD
LEAD TO SIN, FOR EXAMPLE, if a woman dresses up in military
uniform, disguises herself and mingles with men by sitting
among women: Such a mingling in disguise would facilitate sin
Similarly it is prohibited for a man to shave armpits.
(We will explain why these examples facilitate sin below)
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Rashi does NOT go into ALL details of the law; like the
prohibition of wearing Jewelry, Weapons, or plucking
white hairs from black hairs. Rashi instead focuses on
the main prohibition
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ANY GENDER-ITEM INTERCHANGE THAT COULD LEAD TO SIN
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We however can easily derive the 4 main sub-prohibitions
listed in the Talmud Sifray and Rambam (See footnote #10)
First however let me focus on the main prohibition. From
the Sifrah-Talmudic phrase
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People shouldnt wear clothes of the opposite gender lest
they mingle with that gender and this lead to sin
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some people erroneously think that the Bible prohibits
DISGUISES (e.g. a woman FULLY dressed in military uniform;
this allows the woman to disguise herself and mingle with
men)
My opinion however is that MINGLING WITH MEN is only an
EXAMPLE of what might happen, not an actual requirement.
The Bible prohibits SEXUAL PROVOCATION. So e.g. if a woman
is dressed in a military helmet she is PROVOKING men to say
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TAKE IT OFF. WHY ARE YOU DRESSED LIKE A MAN. YOU SHOULD
LOOK LIKE A WOMEN
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Such provocation (under the right circumstances) could
(EASILY) lead to sin.
In a nutshell, the Torah prohibits POTENTIAL SEXUAL
PROVOCATION (not DISGUISE). Also notice that the
prohibition is on POTENTIAL sexual provocation. A
women wearing a mans garment need not MINGLE WITH MEN
to violate the law. It is enough that there is the
potential to sin. Let us now review the
4 main categories of prohibition in light of this.
CATEGORY 1
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The Torah prohibits MEN wearing DRESSES or WOMEN
wearing UNIQUELY MALE GARMENTS. This could lead
both to DISGUISE or SEXUAL PROVOCATION. This
prohibition is agreed on by all Rishonim. It is
also explicitly stated in the Biblical text.
CATEGORY 2
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The Torah prohibits either gender from wearing
small TRINKET-LIKE OBJECTS (e.g. women wearing
weapons or men wearing jewelry). This is universally
agreed upon by all Rishonim. This could lead to
SEXUAL PROVOCATION (take it off; look like a man/woman)
The prohibition is derived thru the process of
GENERALIZATION from the explicit Biblical phrase
WOMEN SHOULDNT WEAR MALE UTENSILS (eg weapons).
Hence by generalization women shouldnt wear JEWELRY
CATEGORY 3
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It is prohibited for men to pluck white hairs from
black hairs as this is an effiminate activity.
This is agreed to by all Rishonim. The prohibition
is derived by GENERALIZATION. Just as WEAPONS &
JEWELRY are prohibited (small but noticable items)
so too ANY NOTICABLE ITEM that could lead to sexual
provocation is prohibited (e.g. a woman could provoke a
man plucking white hairs: WHY ARE YOU ACTING SO YOUNG)
There however is a controversy between Rambam and Raavad
on whether plucking one hair is prohibited. The dispute
(See KESEF MISHNAH) has to do with noticability.
I would suggest that Rambam/Raavad are in agreement. Indeed
Raavad would admit that if a person had only ONE WHITE hair
on their head then taking it out would be a Biblical
prohibition since the plucking WOULD be noticed. In terms
of our criteria the man could be teased about his behavior
and PROVOKED SEXUALLY.
I would also suggest that Rambam would admit that if a
person had a majority of white hairs then plucking some
white hairs near black hairs would be permissable since
no one would notice.
Hence there is no disagreement. Any noticable plucking
of hair that could lead to sexual provocation is
prohibited.
CATEGORY 4
----------
Rashi and Rambam have a controversy (dating back to
to the Talmud) on whether shaving armpits is Biblically
or Rabbinically prohibited.
I would suggest that the controvesy between them is
on whether a Biblical reason can be additive or restrictive
The Torah after telling us that men and women cannot wear
clothes of the opposite gender tells us the reason
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BECAUSE (THIS INTERCHANGE OF GARMENTS) IS DISGUSTING
(that is, could lead to or facilitate sin)
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According to Rashi ANYTHING that is disgusting should
be prohibited. Not just SMALL NOTICABLE ITEMS (like weapons
and trinkets) but even SHAVING ARMPITS (which is not
visible) should be prohibited. Again, if people got
undressed the shaven armpits could be a source of
sexual provocation (Why dont you behave like a man).
According to Rambam the verse was speaking about
SMALL NOTICABLE ITEMS (Like garments and trinkets).
The REASON for the prohibition cannot ADD on new
prohibitions (like shaven armpits which are not VISIBLE).
Hence the Rambam holds this Rabbinic in nature.
*12 Verse Dt24-06c says
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Dont take as security (thru court) the top and bottom
grindstone BECAUSE YOU ARE TAKING A LIFE-SUPPORT ITEM
AS SECURITY
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The reason, BECAUSE YOU ARE TAKING A LIFE SUPPORT ITEM
AS SECURITY, shows HOW the law should be generalized.
The law should be generalized to prohibit taking any
LIFE-SUPPORT ITEM.
On the translation of the Hebrew root N-P-Sh as
LIFE SUPPORT ITEM see Volume 11 Number 10 or
either of the following two URLS
http://www.RashiYomi.Com/h11n6.htm
http://www.RashiYomi.Com/gn09-04a.htm
We show there that N-P-Sh has 6 meanings one of which
is LIFE-RELATED. Some examples might be Dt24-15a WORKERS
RISK THEIR SOUL which means WORKERS RISK THEIR LIFE or
LOVE GOD WITH ALL YOUR SOUL which means LOVE GOD WITH ALL
YOUR LIFE (even martyrdom). See the reference for further
examples.
So too here: The Dt24-06 should be translated as
DONT TAKE GRINDING STONES FOR SECURITY FOR YOU
TAKE AS SECURITY ITEMS, THAT AFFECT LIFE
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RASHI RULE USED: EXAMPLE2
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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 11 Number 11
#*#*#*#*# (C) 2001, RashiYomi Inc. Dr Hendel President #*#*#*#*#
Volume 11 Number 11