#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
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VERSE: Dt25-04a
RULE: (Rashi Psachim 6b) Every example of a law in the Torah
**should** be generalized unless the Torah suggests the law
is specific.
Another approach to derive Rashis principle that every example
should be generalized is to use the 13 literary principles
of Rabbi Ishmael governing examples---the rule GENERALIZATION
says that every Biblical law accompanied by an example should
be generalized.
The verses below show how the Torah only ordered one specific
item but nevertheless we generalize the example
EXAMPLES
--------
(1) Dt25-04a Do not muzzle an OX while it is threshing
RASHI: The law applies to ANY animal--OXEN are just a common example*1
(2) Dt22-10a Don't THRESH with an OX-DONKEY together
RASHI:The law applies to ANY act(like Threshing) and ANY animal pair
(3) Ex21-28a "When an OX gores ...then the owner should pay"
RASHI: The owner has to pay when ANY ANIMAL of his
gores. The Bible simply mentions OX because it is
a typical animal that people have
(4) Ex22-17a "Do not let a FEMALE WITCH live (ie execute her)"
RASHI: ANY WITCH must be executed. The Bible mentioned
"female witches" because most witches are female
(5) Dt19-05b "When a person comes with his friend
into a forest
to chop wood
and while chopping.. the handle dislodges
and he finds his friend and he is dead...
..Then this person must go to the exile cities"
RASHI: The Torah simply gives a typical example. Any accidental
murder must go into exile*2
NOTES
-----
*1 Rashi points out that the Torah gives a specific example
(OX) to limit the law to animals and not humans.
*2 There is another technical Talmudic opinion that the verse
comes to teach us what degree of causation is needed
before a person becomes responsible for murder.
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Volume 2 Number 19
Volume 3 Number 9
Volume 4 Number 21
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
Volume 2 Number 19
Volume 3 Number 9
Volume 4 Number 21