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| Rashi is Simple Version 2.0 |
| (C) Dr Hendel, Summer 2000 |
| http://www.RashiYomi.Com |
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VERSE: Ex23-06a
EXAMPLE: Ex23-06a
>Ex23-06a Dont misjudge the (spiritually) poor
RASHI: (Rashi cites the Beginning of a sifrah.
We have several times suggested that Rashi
cites the beginning of a Sifrah or Midrash in
order to encourage the teacher to review the
whole Sifrah.)
This sifrah ends with the
famous law (cited by the Rambam) that "You
should not misjudge a case because one litigant
is irreligious"
The best way to see this derivation is by
climatically developing Ex23-06:07 which
warn against ANY TYPE of BIAS in cases
* Don't misjudge a spiritually poor person-
This is misjudging by a persons past
* Don't judge a person because your Rabbi says he is innocent
This is misjudging by another person's sayso
* Don't let stand a conviction that was found to be false
This is misjudging by technicalities(he was 'convicted')
* Don't even take bribes for correct judgements
This is judging correctly but making yourself vulnerable
to external causes.
Thus the verses as a whole encourage judging a person by
merits. See the main posting for further details.
We now cover the chapter of Rambam.
----Rambam Sandhedrin Chapter 20-------------------------
P
a
r
a Verse Is Is
g From Verse Verse
r N Which Cited Cited
a o Paragraph By By
p Text of Paragraph t Is Rmbam Rashi
h e inferred
== =================================== == ========== ===== =====
1 Convict only with full proof *1 Ex23-07 Yes Yes
a) No circumstantial evidence
b)Witnesses must agree in details *2
2 Forced crimes not punished(eg rape *3 Dt22-26a Yes Yes
a) Even if martyrdom required
b) Even if done in public
3 BEGIN raped---END willful *4 NA
a) Is not punishable in women
b) Is punishable in men
4 No mercy in verdicts
a) No mercy for death penalty Dt19-13 Yes Yes
b) No mercy for fines *5 Dt19-21 Yes Yes
c) No mercy for exempting poor *6 Lv19-15 Yes Yes
d) Both litigants treated equally *7 Ex23-03 Yes Yes
5 No harshness on irreligious people *8 Ex23-06 Yes Yes
6 Didn't twist the judicial process
a) Don't convict righteous
b)Don't harass with many questions *9 Lv19-15 Yes No
7 Don't judge HASTILY 10 Dt01-16 No Yes
8 Avoid judging if possible
a) If a greater judge is available 11 Ex19-21 No No
b)If your teacher didn't permit you
9 Student decides OnlyIf teacher away 12 Dt01-17 No No
10 Treat big/small cases the same 13 Dt01-17b Yes Yes
11 BEGINNING-penny;END less than penny *4 NA
12 Violations for justice miscarriages
a) Don't miscarry Justice Lv19-15 Yes Yes
b)Don't miscarry for orphans/widows 14 Dt24-17 Yes Yes
NOTES
-----
*1 There are two concepts in law: "Reasonable doubt" and
"beyond doubt". Rashi/Rambam derives the "beyond doubt"
requirements from the verse "Don't convict an INNOCENT
or RIGHTEOUS person" which because of the double wording
seems to say "don't convict anybody which has ANY
possibility of innocence"
I would prefer to use the principle of OTHER VERSES here
There are SEVERAL verses (not just one) which require
JUDGING FAVORABLY. They are
{LIST1} {Verses requiring favorable judging}
VERSE TEXT
----- ----
Ex23-07 Don't kill an INNOCENT/RIGHTEOUS person Double words
Lv19-15 Judge your colleague righteously
Dt17-20 Righteousness Righteousness pursue Double words
The main derivation is from the Dt17-20 verse which
explicitly doubles the word righteousness which implies
"any type of righteousness", since double words usually
emphasize "in all circumstances"
*2 It is interesting that the law that witnesses must
agree in Details is traditionally derived from the
3 verses that require cross examination
{LIST2} {Verses requiring cross examination}
VERSE CRIME TeXT
----- ----- ----
Dt17-04 Idolatry Investigate WELL
Dt19-18 False witnesses Investigate WELL
Dt13-15 Defecting city Investigate WELL
Rambam however brilliantly points out that the concept
of "INVESTIGATE WELL" is not defined. Therefore the
verses in {LIST1} which state that cases should be
judged favorably enable us to interpret the requirement
of "INVESTIGATE WELL" as meaning that witnesses must
agree in all details--in other words if ANY doubt
exists about guilt then we judge the person innocent.
*3 The Bible is speaking about a rape case and it says
"But don't execute the women..because ...
..because her rape is like being murdered (the murder
victim is helpless)"
To understand the rest of Rashi we must understand the
difference between GRAMMAR and the 13 rules of RABBI
ISHMAEL. The rules of GRAMMAR help us understand the
MEANING of sentences. The rules of RABBI ISHMAEL
help us understand how EXAMPLES are interpreted.
For example the Bible says "When an OX gores an OX
then the owner must pay." How is the use of the
example of OXEN to be interpreted
Does the law of payment for damages
---ONLY apply to OXEN
---apply to ALL animals LIKE OXEN
---apply only to animals SIMILAR TO OXEN (eg strong)
In other words I can interpret the example, OXEN, as SPECIFIC
(only oxen), GENERAL (all animals), ANALOGOUS (only strong
animals) etc. Thus Rabbi Ishmael's rules apply to EXAMPLES
while other rules apply to GRAMMAR.
Returning to our verse which says that "A RAPE VICTIM is
helpless LIKE A MURDER VICTIM" Rashi notes that
--both being murdered and raped are not punishable crimes
--both murder & rape can be stopped by killing the pursuer
Thus Rashis statements that these items are "obvious" and
"talmudic" respectively simply means that one meaning
flows from the text while the other meaning is learned
from a study of how examples are used in the Bible.
*4 These laws deal with border line cases and hence are
exercises in logic and are not derived from verses.
A word about Paragraph 3 which has raised a storm of
ink. Indeed, Jewish law knows of involuntary erections
and it seems absurd to hold a man responsible for
such an erection (some commentators even give cases)
But to me the simplest way of taking this paragraph
is that both the opening and closing statement are
talking about the same case!!! If a women was in
the middle of a rape and then someone came to save
her and she nevertheless demanded the act be
completed then we perceive her willful request
at the end of the act as part of the rape.
So in the analogous case with men we do NOT so
perceive. That is, if a man had been forced to
obtain an erection and then his rapist was
stopped, then the man IS responsible if he
completes the act
*5 We use the technique of DOUBLE PARSHAS. Here is the
{LIST3}{List of verses stating "Don't have pity.."
Note the exquisite beauty of these verses
which EXACTLY and PRECISELY cover the 3
cases listed by the Rambam--
-MURDER (What benefit is there in capital punishment)
-FINES (why fine him--the other party was paid back)
-PAYMENT (Maybe she is poor and can't afford it)}
VERSE CRIME TEXT
======= =============== ======================================
Dt19-13 Murder Don't have mercy--execute the murderer
Dt19-21 False witnesses Don't have mercy--fine him
Dt25-12 Damages don't have mercy--make her pay
Dt13-09 seduce to idols No mercy-no pity-no coverup*a
NOTES
-----
*a This verse because of the 3 fold repetition
'no MERCY PITY COVERUP' is interpreted to
mean that we "sit castrated people without
children on the court so we should not have
mercy"
*6 First the law and then the simplest derivation.
The Law states that eg a judge should not acquit
a poor person with the argument 'Look both I
(the judge) and you (the rich litigant) have too
support the poor with charity--what difference
does it make if we give him charity thru a
court acquital'
There are a total of 3 verses from which this is
derived.
VERSE TEXT COMMENTATOR
======== ======================= ===============
Ex23-03 Do not honor the poor (Rambam, Rashi)
Lv19-15b Do not FORGIVE the poor (Rambam,Rashi)
Dt01-17b Try the SMALL&BIG alike (Rashi)
The simplest derivation focuses on the fact that
the Hebrew root N-S-A in Lv19-15b means "To Forgive"
(As in Ex34-06 "..A Merciful God who forgives sin.."
and many other verses). This is similar to the
concept of "forgiveness of taxes" which occurs in
English.
So Rashi-is-Simple---Lv19-15b EXPLICITLY says
"Do not grant FORGIVENESS to the poor" which focuses
on the fact that the poor are traditionally forgiven
as "an act of charity"
*7 First let us state what it means to require that "Both
litigants should be treated equally". It means that
you should not eg warmly greet one litigant and coldly
greet the other litigant.
The clearest way to derive this is from the technique
of DOUBLE PARSHAS
----------------------------------------------------------
Lv19-15 do not honor (in court) the presence of the GREAT
Ex23-03 do not honor (in court) the POOR
*a *b
----------------------------------------------------------
*a*b Thus it CLEARLY says not to honor EITHER the POOR or
the RICH. You honor the RICH by honoring their PRESENCE
You honor the POOR by reminding everybody (including
the other litigant) how we must all support the POOR.
(There is a 3rd difference between the verses dealing
with word order--it actually says "A POOR PERSON..
do not honor"--perhaps this word reversal emphasizes
not the PARTICULAR PRESENCE OF A SPECIFIC PERSON but
rather the CLASS OF POOR PEOPLE (who have to be
helped with charity)
Finally note the amusing fact that Rashi repeats this
theme of "not honoring a poor person in a court case by
adjudicating in his favor and thinking that everyone must
give charity to the poor"--Rashi mentions this on the
verse Dt01-17b "Judge the SMALL and BIG equally"
In summary the clearest method of proving this law is
by juxtaposing 2 verses which give the same prohibition
for POOR and RICH.
*8 Rashi seems to disagree with Rambam here but we have
frequently explained that Rashi very often cites ONLY
the beginning of a Sifrah and EXPECTS the teacher to
complete the Sifrah.
In this particular case we can understand the verses
best by using the principle of CLIMAX which states
that multiple verses on the same topic should be
interpreted as developing towards a CLIMAX. We have
the following beautiful
{LIST4} {Climatic development of Ex23:06-08. All these
verses have in common that we shouldn't judge
by externals}
Text
-----
Don't misjudge the spiritually poor Dont judge by his past
Don't act like you have witnesses*a Dont trust friends hearsay
Overturn a false conviction Dont judge by technicalities
No bribes even for correct judgement Only judge by merits*b
NOTES
-----
*a The brilliancy of the Rambam Witnesses 17:05-06
"Don't tell your student--'You know I am your Rebbe
--so and so owes me money and I don't have witnesses--
all I want is you should stand next to the one witness
I have so as to make it appear that there are 2
witnesses'--This is forbidden by Ex23:07 (Stay
AWAY from falsehood)
Thus we see that the Rambam formulates this in terms
of 'judging someone because you TRUST your Rebbe"
*b The Rashi on this verse can be most clearly understood
thru the technique of DOUBLE PARSHAS
---------------------------------------------------------
Ex23-08 Don't take bribes
Dt25-17 Don't take bribes of orphans and widows
*a *b
Notes
-----
*a The verse is repeated twice to emphasize that ANY
type of bribe is prohibited (even if you have already
decided the case and the bribe is given to decide
the way you have already made up your mind!!)
Thus the Rashi (repeated on each verse) comes from
the repetition. REPETITION is frequently used to emphasize
that ANY type of action is prohibited
*b Thus ordinary taking bribes has ONE VIOLATION while
taking bribes of orphans is a 2nd violation and taking
bribes from widows is a 3rd violation.
Rashi SEEMS to contradict the Rambam by saying there
are only 2 violations. But Rashi has a standard language
of saying there are 2 violations whenever there are 2
verses even if the number of don'ts is more that 2
(Cf the Rashi on Dt25-14 vs Lv19-13)
As for the Rambam "counting" "orphans and widows" as
2 extra prohibitions, this follows the rules for
counting "prohibitions with many components" which
Rambam discusses in Sanhedrin 18:3)
*9 The clearest way to understand this is thru the use of
the principle of CLIMAX which says that verses should
be perceived in a developmental manner
The verse-components in Lv19-15 develop climatically
as follows
-----------------------------------------------------------
--Don't twist a case(by harassing with lots of question)
--don't grant FORGIVENESS to poor litigants (as charity)
--don't eg smile to the rich but be formal to the poor
--BUT RATHER JUDGE PEOPLE BY STRICT JUSTICE(ie their merits)
------------------------------------------------------------
In other words the only thing you should think of in a case
in justice. You shouldn't harass litigants with questions
nor should you be prejudiced to rich and poor.
The interpretation of "dont twist a case" as "Don't harass
with lots of questions" comes from the climatic development
but not from anything grammatical--the whole verse is
speaking not about actual twisting of cases but rather
about harassment. So it is the CONTEXT of the verse which
motivates the Rambam to interpret it this way (I am
surprised, without an explanation, on Rashi who did not
cite this interpretation---Note that the Rambam did not
get this interpretation from either the Talmud or Sifray).
Note that the interpretation of JUDGE PEOPLE FAVORABLY
on the last segment of the verse really means "JUDGE THEM
BY THEIR MERITS--LEAVE THEIR SOCIO-ECONOMIC LCLASS OUT OF
CONSIDERATION"
*10 Dt01-16c. See the posting
http://www.RashiYomi.Com/Ex13-03a which shows a dozen
examples of the infinitive meaning ONGOING activity.
In this case the infinitive means "Don't convict in
a moment but judge overnight"
*11 I am surprised no one brought this obvious verse
"And place on them judges-Captains of 1000,Captains of 100.."
which clearly implies that the Judges behave like the
military. Therefore, a captain/judge of only 100 would not
"trespass" on the turf of a captain/judge of a 1000
*12 Again I am surprised no one brought this obvious verse
"anything which is difficult to you bring to me(Moses)"
and since Moses was the teacher this law would apply
to all teachers. The commentaries further point out that
by Ex33-07 we learn that "And Moses (the teacher) took
the tent OUTSIDE the camp..and anyone wanting to hear
God's word would come there"--thus we see that the distance
from the camp to its outside is a measure of when a
student should not give decisions in his Teachers presence
*13 Rashi actually gives several interpretations on
this verse. The simplest way of taking these
multiple interpretations is as follows
"Judge the SMALL and BIG the same"
--eg a SMALL person and a BIG person are treated equal
--& hence a small-claims case (which is usually) what
SMALL people bring and a big-claims case (which is
usually) what BIG people bring are treated the same
*14 The Rashi on this verse can be most clearly understood
thru the technique of DOUBLE PARSHAS
---------------------------------------------------------
Ex23-08 Don't take bribes
Dt24-17 Don't take bribes of orphans and widows
*a *b
Notes
-----
*a The verse is repeated twice to emphasize that ANY
type of bribe is prohibited (even if you have already
decided the case and the bribe is given to decide
the way you have already made up your mind!!)
Thus the Rashi (repeated on each verse) comes from
the repetition. REPETITION is frequently used to emphasize
that ANY type of action is prohibited
*b Thus ordinary taking bribes has ONE VIOLATION while
taking bribes of orphans is a 2nd violation and taking
bribes from widows is a 3rd violation.
Rashi SEEMS to contradict the Rambam by saying there
are only 2 violations. But Rashi has a standard language
of saying there are 2 violations whenever there are 2
verses even if the number of don'ts is more that 2
(Cf the Rashi on Dt25-14 vs Lv19-13)
As for the Rambam "counting" "orphans and widows" as
2 extra prohibitions, this follows the rules for
counting "prohibitions with many components" which
Rambam discusses in Sanhedrin 18:3)
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Volume 6 Number 23
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Volume 6 Number 23