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VERSE: Ex21-25a

=================== Ex21-25a =======================

SUCCINCT SUMMARY
----------------
Some Rashis focus on meaning and grammar of
individual words. Other Rashis by contrast focus
on overall PARAGRAPH STRUCTURE. The Rabbi Ishmael
style rules afford us examples of paragraph
development. The GENERALIZATION method suggests
developing a basic theme by introducing the theme with
examples which illustrate basic laws.

EXAMPLE Ex21-24:25
------------------
The paragraph is talking about BODILY DAMAGES
- DETAIL: ORGAN DAMAGE: Eye, tooth, arm, leg
- DETAIL: PAIN--------: Burn, cut, inflammation

So we generalize from these 2 verses and infer
that Damages are paid according to the various
categories of damage such as pain or organ damage
(Other categories of damage are MEDICAL, DISABILITY
etc *10)
===================================================
ITEM                     DETAIL
======================== ==========================
RASHI RULE CLASS:        STYLE
RASHI SUBRULE CLASS      BROAD
RASHI WORKBOOK PRINCIPLE #23
SEE BELOW                LIST401a
Verses interpreted       Broadly(Generalization)

NOTES

------------------ LONGER FOOTNOTES -------------

*10
The Rambam forumlates the same principle as follows
- There are 5 dimensions of torts
- - Permanant Organ damage
- - Pain
- - medical
- - disability
- - embarassment
- When an act of damage is done you assess the
- the amount of damage in each dimension and pay
- accordingly (So if you gave a person a black eye
- you pay for medical, embarassment and pain but
- do not pay for permanant damage or disability
develop

===================================================

=================== LIST401a =============================

The following verses are all interpreted
broadly. eg Ex21-26 says PAY DISABILITY
FOR BEDRIDDEN (torts). This is generalized
to ANY disability(BEDRIDDEN or NOT)
==========================================================
VERSE    TEXT OF VERSE      GENERALIZATION
======== ================== ==============================
Nu05-13g She wasnt GRABBED  wasnt RAPED
Ex21-18b Tort on BEDRIDDEN  DISABILITY
Ex21-26a Free if TOOTH fell VISIBLE ORGAN
Ex21-28a Tort if OX gores   ANIMAL
Ex21-17a Death:FEMALE witch FEMALE or MALE
Ex22-30b FIELD animal trayf WOUNDED animal
Ex22-21a dont hurt ORPHANS  ANGUISHED person
Dt22-23a FIELD rape         HIDDEN place
Dt23-11a NOCTURNAL emission EMISSION
Dt13-07f temps you PRIVATLY PRIVATE|PUBLIC
Dt25-04a Dont muzzle an OX  ANIMAL
-------  -----------------  ---------------
Dt22-02a Return lost items  People you know personally*1
Ex21-25a Pay for eye,burn.. Pay for each damage type*2

NOTES
-----
*1 This is a generalization from two verses, as follows

-Ex23-04 Return the lost article of your PERSONAL ENEMY
-Dt22-01:03 Return the lost article of your PERSONAL FRIEND

 So you return ANY article whether of your PERSONAL
 ENEMY or your PERSONAL FRIEND--as you long as you
 know the person PERSONALLY. The law however exempts
 you from returning the article to a known thief (a
 non PERSONAL enemy) who might be guessing the lost
 objects signs*10

*2 Ex21-24 lists 4 types of ORGAN damage:Eye,tooth,arm,leg
   Ex21-25 lists 3 types of PAIN damage:burn,cut,inflammation
   Hence we infer that in paying damage you pay for
   EACH type of damage *11

--------------------- LONGER FOOTNOTES ----------------

*10 Several points should be made here
    FIRST POINT:
    - Ex23-04 uses the word YOUR ENEMY
    - Dt22-01:03 uses the word BROTHER 5 times
    So the real generalization is from YOUR ENEMY & BROTHER

    So everyone FROM your enemy TO your brother gets
    articles returned. This would exclude people you
    dont really know who might be guessing signs.

    Jewish law goes into the subtlety of someone whom
    you dont know either as your BROTHER or ENEMY.

    2nd POINT: We mention Rashis literal language
    ------------------------------------------
    The verse says return the object AFTER YOUR BROTHER ASKS.
    But no would return it before they are asked for it

    So read the verse as follows; Return the objects
    until you ASK ABOUT YOUR BROTHER--investigate him
    -------------------------------------------

    Thus it appears that Rashi is deriving the law
    from a pun. (ASK ABOUT YOUR BROTHER vs YOUR
    BROTHER ASKS) But the truth of the matter is that
    Rashi is deriving the law from the generalization
    and contrast of verses. Rashi as is his usual custom
    expresses this technical derivation in a PUNchy
    PUNny manner (so students will remember it).

    3rd POINT
    The main point in Rashi is that the two verses
    have to be generalized. The details of how
    this generalization takes place are subject to
    Talmudic discussion. In this case the Talmud
    and Rashi take an obvious approach of excluding
    people (thiefs) who we would not expect the law
    to cater to. But the main thrust of Rashi is
    the generalization from two verses--the details
    must be inferred.

*11 Already Rashi points out that CUTS involve both
    PAIN and ORGAN damage (removal of skin).

    One cannot derive the 5 categories of damage
    from this verse (The other 3 categories,
    disability, medical and embarassment are each
    inferred from separate verses
==========================================================
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Volume 19 Number 3


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