#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
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  |      Rashi is Simple Version 2.0                         |
  |      (C) Dr Hendel, Summer 2000                          |
  |       http://www.RashiYomi.Com                           |
  | PERMISSION to reprint WITH this header if NOT for profit |
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VERSE: Ex22-01a


RASHIS COVERED: Ex22-01a Ex19-11b Ex21-06a Ex21-20b
                Ex23-15a Ex23-16a Ex23-16c Dt19-03a



RULE
====

The word >THE< can be used in 4 ways

-->THE< can refer to a PROPER NOUN
    e.g. Dt06-16a >Dont test God as you tested him by THE-TEST<
    RASHI: THE-TEST is the name of the place mentioned in Ex17-07


-->THE< can refer to something mentioned NEARBY
  eg Dt04-32c >Has anyone heard THE GREAT THING-that God ...<


-->THE< can refer to a concept, story or
   thing mentioned ELSEWHERE
  eg Nu13-33a >We saw there THE Nefilim<
  >THE NEFILLIM< nation however is mentioned in Gn06-04


-->THE< can refer to the >BEST< known of a class
  eg  Dt01-07e >THE Mount< -- This refers to The Kings Mountain


EXAMPLES
========
{LIST}
We continue our examples of Rashis on the word >THE<
In the following verses >THE< refers to a PROPER NOUN,
the name of some object
============================================================
VERSE    TEXT OF VERSE REFERRING TO SOME PROPER NAME
======== ===================================================
Ex23-15a At the time of >THE Sprouting< (= SPRING) *1
Ex23-16a At >THE CUTTING Holiday< (= Shavuoth)*2
Ex23-16c At >THE HARVEST Holiday< (= Succoth)*3

NOTES
=====
*1 So the verse doesnt just say to make Passover when your
   field sprouts; rather the verse says to make Passover in Spring

*2 The verse does not speak about a personal holiday when you
   >CUT< your fields. Rather the verse speaks about the >SHAVUOTH<
   holiday which celebrates the field cutting
   (See similar language in Dt16-09)

*3 The verse does not speak about a personal holiday when you
   harvest but rather the verse speaks about THE known holiday
   when you make a harvest--Succoth (See the exact same
   language in Dt16-13)
{END OF LIST}




{LIST}
In the following verses >THE< refers either to a SPECIAL
item or a WELL KNOWN item. To facilitate readability
explanations are placed in the footnotes
=============================================================
VERSE    TEXT OF VERSE WITH >THE< = >SPECIAL/KNOWN<
======== =====================================================
Dt19-03a Prepare for him >THE ROAD< (=Highway)*1
Ex21-06a Take him to >THE Judge< (=The court)*2
Ex19-11b Your GOD is greater than >THE gods<(=Major religions)*3
Ex22-01a If you find the theif in >THE Tunnel<(the house tunnel*4
Ex21-20b If you hit him with >THE rod<(Standard rods)*5


NOTES
=====
*1 If it had said >Prepare for him a road< it would refer
   to any road. When it says >Prepare for him THE road< it
   refers to the BEST and WELL KNOWN of Roads--the HIGHWAY*6

*2 If it had said >Take him to A judge< it would mean take
   him to any old Judge. When it says >Take him to THE Judge<
   it means >Take him to COURT< (The BEST KNOWN SITUATION OF
   JUDGES)

*3 If it had said >God is greated than gods< it could refer
   to things that individuals worship. When it says >God is
   greater than THE gods< it means that our God is greater
   than all the >MAJOR RELIGIONS<*7

*4 The verse is speaking about the right to kill a thief found
   in THE TUNNEL. If the verse had said >you can kill the
   thief in A tunnel< it would eg mean that if I found the
   thief hiding out in a tunnel a day or two later I can kill
   him. But when the verse says >you can kill the thief in
   THE tunnel< it means >THE KNOWN HOUSE TUNNEL<.*8


*5 Rashi had already learned from Nu35-16:18 that a murderer
   is only liable for a death penalty if the murder weapon
   was capable of killing. However if eg I throw a spitball
   at a person and he dies THEN IT DIDNT KILL HIM. I am not
   liable for murder! *9

   Rashi uses this concept to explain the word >THE< in
   Ex21-20b. The verse says >If you hit the slave with THE rod
   then if he immediately dies then even though you have a
   right to hit a slave nevertheless you receive the death
   penalty<

   If the verse had said >If you hit the slave with A rod<
   then it would imply that the hitter is ALWAYS liable for
   a death penalty (even if he hit his slave with a spitball!)

   But when the verse says >If you hit the slave with THE rod<
   then the verse implies that you are only liable to a death
   penalty when you hit a slave with >THE KNOWN RODS< used
   for slaves.*10

*6 (Rashi mentions that Highways were known >for having signs
   posted with directions<---thus we have a reason for the
   law that accidental murderers should have highways to
   run to the refuge cities--the highways would have signs
   so that they wouldnt get lost! (Very important if you are
   trying to avoid a blood avenger trying to kill you))

*7 Rashi explains HOW the Jewish God
   is greater than other religions---in Judaism God judges
   people according to what they did---since the Egyptians
   ordered babies thrown into the sea therefore they were
   punished IN EXACTLY THAT MANNER by being thrown into the
   sea. The verse is pointing out how the Judaic God was the
   first religion to emphasize JUSTICE (ie punishment
   corresponding to crimes) as an intrinsic attribute of God.


*8 Rashi explains that only in the house tunnel while entering
   the house do you have the right to kill the thief. Indeed,
   the thief knows that if the owner catches him stealing then
   the owner will try and kill him. Hence the theif is prepared
   to kill in return. Since the thief is prepared to kill in
   return you have the right to kill him first. In fact, it
   is from this verse that we learn the important prinicple
   that >you have the right to strike first if you expect
   that someone is trying to kill you<

   By contrast if the thief was eg in a tunnel hideout and
   you accidentally find him you do not have a right to
   kill him. Since he is hiding out he is not planning to
   kill and therefore, although you have a right to sue him
   for the money he stole, you dont have a right to kill him.


*9 For a more thorough discussion on how Rashi derives this
   see either of the following 2 URLS. A brief summary is
   presented immediately afterwards.

   http://www.RashiYomi.Com/nu35-16a.htm
   http://www.RashiYomi.Com/h4n25.htm

Rashis point comes from a comparison of verses.
Nu35-16:18 speak about killing somebody by hitting them



--------------------------------------------------------------
Nu35-16 with an     IRON UTENSIL
Nu35-17 with a HAND STONE        THAT CAN KILL
Nu35-18 with a HAND WOOD UTENSIL THAT CAN KILL
                *a         *a
--------------------------------------------------------------




--------------------------------------------------------------
Nu35-17 if he hit him with a HAND STONE THAT CAN KILL
Ex21-16 if he hit him with a      STONE
                              *a
--------------------------------------------------------------




--------------------------------------------------------------
Nu25-18 if he hit him with a HAND WOODEN UTENSIL THAT CAN KILL
Ex21-20 if he hit him with         A ROD
                              *a
--------------------------------------------------------------



NOTES
-----
*a Stone or wooden utenils usually only kill if they
are big enough ("Hand" sized). By contrast even a small
iron needle (not "hand" sized) can kill.


THUS RASHIS POINT IS THAT TO CONVICT A PERSON OF MURDER
you must 1st decide if the weapon has a SIZE and FORM that
could kill.

*10 Note the important point that Rashi did not learn
    the law that the ROD MUST BE CAPABLE OF KILLING in
    order for the hitter to receive a death penalty.
    Rather Rashi already knew the law. He used this
    known law to explain the >THE< in >if he hits
    him with THE rod<

    In other words we dont learn the law FROM the
    verse but rather apply the law TO the verse to
    explain the use of the word >THE<
{END OF LIST}



RASHI RULE USED: SPECIAL WORDS
---------------------------------------------------
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 9 Number 21


#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
Volume 9 Number 21