#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
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VERSE: Ex21-31a
RULE:
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Verses are sometimes stated in a CLIMACTIC fashion. This
CLIMACTIC fashion can in turn shed light on the meaning
of the individual verses. To put it another way although
the individual verses may have many meanings nevertheless
the CLIMACTIC development of the paragraph can indicate
a preference for certain meanings.
EXAMPLE
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Ex21-29 You pay ransom for an ox killing a MAN or WOMAN
Ex21-31 You DO THE SAME for an ox killing a CHILD(Boy or girl)
Ex21-32 You PAY 30 flat for an ox killing a SLAVE(male-female)
*1 *2
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NOTES
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*1 We see a difference in law:
--Adults and children are ransomed with their WORTH
--slaves are ransomed with a FLAT AMOUNT
*2 We see a climactic development. These 3 verses speak about
--ADULTS, who are full fledged Jews and
who are obligated in all commandments
--CHILDREN, who are not obligated in all commandments
but who will one day grow up to be obligated
--NONJEWISH SLAVES who are not obligated in all commandments
and who will not necessarily grow up to be obligated
Thus the ADULTS and CHILDREN pay their personal worth
The SLAVES pay a FLAT FEE
COMMENTS
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One can legitimately ask >What was learned from the CLIMACTIC
DEVELOPMENT<. We basically learn 2 things
--We learn that the phrase >if the ox gore children then THE
SAME LAW APPLIES<--this phrase >THE SAME LAW<, refers to
the fact that evaluation of ransom is by the persons
worth. We learn this because CHILDREN are LIKE ADULTS
in that they will one day be obligated in all commandments.
CHILDREN are dissimilar to SLAVES
In other words the phrase >THE SAME LAW APPLIES< is
ambiguous and COULD refer to many things. However because
the BEGINNING and END of the paragraph deal with ransom
therefore we assume the middle deals with ransom also
--We similarly learn that the ambiguous phrase >if the ox
gores a SLAVE< refers to a non-jewish slave(not a jewish
slave). We learn this because a JEWISH SLAVE is a full
fledged Jewish adult (and hence if he was gored the owner
would have to pay as ransom his full value). I conclude
that the word >SLAVE< in this verse refers to the type
of >SLAVE< this is inferior to an ADULT and CHILD--hence
it refers to a NON JEWISH SLAVE
Again we emphasize that the meaning of the ambiguous phrases
--SLAVE
--SAME LAW
comes not from the meaning of WORDS but rather from CONTEXT
REFERENCE: For other examples of Rashis from CLIMACTIC
development visit url http://www.RashiYomi.Com/example8.htm
Interestingly some people are surprised how whole laws can
be derived from a CLIMACTIC DEVELOPMENT on verses whose
individual meaning is ambiguous. For another example in
this Biblical portion see Ex21-06:14 which deal
with the 3 types of people who acquire someone elses
property and have to watch it (Someone who watches without
pay; a paid guard; and a renter) Although NOTHING in the
text indicates what the middle chapter is talking about
a paid guard nevertheless the CLIMAX indicates it is talking
about a paid guard. See the above URL for other examples
RULE USED: The example rules of Rabbi Ishmael
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Volume 8 Number 5
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
Volume 8 Number 5