#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
-----------------------------------------------------------
| 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 |
------------------------------------------------------------
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