Rashi-Is-Simple Mailing List
                        (C) Dr Russell Jay Hendel, 1999
                        Http://www.Shamash.Org/Rashi/

                        Volume 2 Number 13
                        Produced Jun, 09 1999

Topics Discussed in This Issue
------------------------------
v0609-Hilites
v4q12-1 Why does Rashi interpret BLACK as Beautiful on 4-12-1
v4-5-6 The ALIGNMENT of similar parshas creates commentaries
v3b5-21 Meaning can be learned from CONTEXT-5 forms of monetary transfer

#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#*
v0609--Hilites

* I will be on several trips in the next 2 months. You will still
get 2 Rashi Is Simples per week but I am not certain what days
you will get them. If you wish to allocate time for reading them
you can plan on 2 per week. (Notice that the overall digests
are becoming shorter)

* No one yet seems interested in the downloads. You can get all of
Volume 1 on disk at the website.

                        ***************************
                        ***     READING TIPS    ***
                        ***************************

  IF YOU ARE IN A HURRY WE RECOMMEND THE FOLLOWING SECTIONS:
        * VERSE:
        * RASHI TEXT:
        * BRIEF BUT COMPLETE NARRATIVE EXPLANATION:

  "HOW DO I FIND QUICKLY A SPECIFIC SECTION?"
        ANSWER: Use your FIND menu
        For example: FIND VERSE:
                takes you to the beginning of the next section.
        Similarly
                FIND NARRATIVE EXPLANATION:
                takes you to the brief explanation of Rashi.

  "IS THERE AN EASY WAY TO GO TO EACH VERSE AND POSTING?"
        Yes. Use your FIND menu.
                "FIND #*#*#*#"  takes you to the next posting

#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#*
VERSE: v4q12-1

From: C1A1Brown@aol.com
To: rjhendel@juno.com
Date: Sat, 5 Jun 1999 22:50:38 EDT
Subject: Numbers 12:1

Apologies for not writing as of late.
You haven't dealt with the Rashi on
'isha kushit'.  The simple meaning of the text
is that Moshe's wife was
black.  Rashi says black means beautiful (pun intended.).
Why did Rashi
avoid the plain meaning of the text?

(I have an idea, but I'll let you go first : - )

-Chaim B.

#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#*

VERSE: v4-5-6

       v4-5-6 ...when a person sins to man and desecrates God
       v4a5-7 ...& let him return the principle of his GUILT
       v4b5-7 ...& give to him whom he has guilted
       v4c5-8 ...the GUILT being returned to God goes to the Priest
       v4e5-8 ...besides the ram of atonement that he atones by

RASHI TEXT:

 v4-5-6
This chapter beginning with 4-5-6 is a repetition of the Parshah
starting in 3-5-21. This chapter was repeated here because of the
two new items mentioned: a) Confession and b) The case of the
convert without heirs.

         v4a5-7
         v4c5-8
The word GUILT here means the PRINCIPLE amount he stole.
[Moderator: So e.g. v4c5-8 means "the principle amount being
returned to God goes to the Priest"]

         v4e5-8
This Ram of atonement is the ram mentioned in 3-5-25

         v4b5-7
Give it to him whom he has guilted=Return the theft to the owner

BRIEF BUT COMPLETE NARRATIVE EXPLANATION:

These two chapters 4-5-6 and 3-5-21 are presented side by
side in {LIST1} using what we have called elsewhere, the ALIGNMENT
method. If you read down the columns you will read the text of
each chapter while if you read across the rows you will see
which items are unique to which chapter. This is a simple but
very powerful method and allows a birds eye view of all differences
and similarities.

Rashi on 4-5-6
--------------
We first see that 4-5-6 and 3-5-21 are both talking about
--sins against ones fellow man
--that also involve desecration of God
These phrases occur in BOTH chapters.

In 3-5-21 we see the details that
--"sins against ones fellow man" means theft, witholding wage or
  other monetary crimes
--"desecration of God" refers to a false oath.

Both chapters describe the necessity of
--returning the stolen or witheld property
--adding a fifth of total value (as a fine)
--bringing a ram for a guilt offering

We immediately see that there are EXACTLY 2 new items in 4-5-6:
a) The requirement of verbal confession of the sin
b) The requirement of paying priests if you stole from a convert
        without heirs who has passed away (So there is no one
        else to pay to)

So Rashi is simple---He says that the chapter was repeated to teach
these two new items.


RASHI on v4a5-7
RASHI on v4b5-7
RASHI on v4c5-8
----------------
Again, referring to {LIST1}, we see that in 3-5-24
it says PAY THE PRINCIPLE & FIFTH TO ITS OWNER while in 4-5-7
it says RETURN THE PRINCIPLE OF GUILT & FIFTH TO THE PERSON HE
GUILTED.

So Rashi Is Simple: GUILT = THE THEFT AMOUNT, the thing he feels
guilty about.

It is the COMPARISON of chapters that does the
translation. Even though we may feel strange calling a monetary
amount by the word GUILT nevertheless the COMPARISON clearly
translates it that way. This is the essence of Rashis approach--
Let all commentaries be guided by the Comparison itself.

Similarly the comparison shows that
        >>THE PERSON HE GUILTED = The owner.

Rashi's simplicitly becomes enhanced when we compare the Rambam's
commentary on these verses.  For the Rambam gives halachic reasons
for calling the THEFT AMOUNT as GUILT. For example,
        >>just as a guilt offering can only be offered by day
        >>and not by night so too the monetary restitution of
        >>the theft can only take place by day
        >>(Rambam, Theft 8:6).

Thus Rambam explains why the Bible called monetary amount, guilt.
This is certainly pshat and Rashi COULD have cited the law. But
he doesn't, because Rashi gave only the ESSENCE of the Pshat---
it is the COMPARISON of the two chapters that forces us to equate
GUILT with MONETARY AMOUNT. Anything beyond this is not PURE PSHAT
even if it is logical and solves blatant problems.


RASHI on v4e5-8
----------------
Again, a reference to {LIST1} shows us that the RAM OF ATONEMENT
mentioned in 4-5-8 is identical with the RAM GUILT OFFERING THAT
COMES TO ATONE mentioned in 3-5-25:26.

In passing we note the pun that in 3-5-25 the word GUILT refers
to the GUILT OFFERING while in 4-5-8 the word GUILT refers to
the MONETARY AMOUNT while the guilt offering is called the RAM
OF ATONEMENT. While this could cause confusion it is the COMPARISON
& ALIGNMENT of the two chapters that identifies GUILT with money
and RAM OF ATONEMENT with GUILT OFFERING.

Thruout Rashi is simple and only comments on what the COMPARISON/
ALIGNMENT tells us are the same.

COMMENTS ON RASHI'S FORM:

LISTS {For ADVANCED students and for those with more time}:
----------------------------------------------------------
*
{LIST1} {Of alignment of the two chapters. Each column when
        read down gives the text of that chapter. Each
        row across shows how similar and distinct items
        in the chapters are related. This alignment method
        is a fundamental tool in understanding many
        Biblical texts and we strongly urge all people
        to take actual pencil and paper and perform the
        alignment}

Chapter Beginning 4-5-5         Chapter beginning 3-5-21
Chapter Ending 4-5-8            Chapter ending 3-5-26
=======================         ========================
& God spoke to Moses saying     & God spoke to Moses saying
Speak to the Jews
a man or woman                  a soul
that sins against a person      that sins
till he desecrate God           and desecrates God
                                & he denies to his friend
                                a deposit...or theft....
                                and swears falsely
                                on anything that people sin about
if that soul feels guilty       & when he sins and fields guilty
                                he should return the theft....
HE'LL CONFESS HIS SIN *1

He'll return the guilt          He'll pay the principle
and add its fifth               and add its fifths
& give to the guilted           & give it to whom it belongs..

IF THE PERSON HAS NO HEIR *1
TO RETURN THE GUILT
THEN THE GUILT IS TO THE PRIEST

besides the ram of atonement... & He'll bring an offering..a ram..


FOOTNOTES

*1 The capped items represent items mentioned in 4-5 but not in
3-5.

CROSS REFERENCES:

ACKNOWLEDGEMENTS:

RULE CLASSIFICATION {See the web site for comparable examples}:
        DOUBLE PARSHAS | ALIGNMENT
        DOUBLE PARSHAS | ALIGNMENT
        DOUBLE PARSHAS | ALIGNMENT
        DOUBLE PARSHAS | ALIGNMENT
        DOUBLE PARSHAS | ALIGNMENT

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VERSE: v3b5-21

       v3b5-21 ...he sins by denying a PLACEMENT OF HAND
       v3c5-21 ...or theft
       v3d5-21 ...or misappropriation
       v3a19-13 ...do not misappropriate
       v5a24-14 ...do not misappropriate the wages of the poor

RASHI TEXT:

  v3b5-21: 'Placement of hand' = Investment or loan
  v3c5-21: 'Theft' = he stole something
  v3d5-21: 'Misappropriation' = witholding wages
  v3a19-13: 'Misappropriation' = witholding wages
  v5a24-14: 'Misappropriation' = witholding wages
           So a person who misappropriates the wages of a poor
           person violates 2 prohibitions: 5-24-14 and 3-19-13.
           By contrast a person who misappropriates the wages
           of a rich person only violates 3-19-13.


BRIEF BUT COMPLETE NARRATIVE EXPLANATION:

  v3-5-21:22 starts
--with a GENERAL setting---"When a person DENIES to another person"

The verses continue with DETAILS:
--"he denies a deposit, PLACEMENT of hand, theft,..lost article"

And concludes (in 3-5-22) with another GENERAL setting
--"and he denies it and swears falsely".

The use of this GENERAL-DETAIL-GENERAL style is one of the famous
13 principles of Rabbi Ishmael (See v2b25-22 in v1n13 for a full
discussion). The idea is that the examples should be generalized
by their common denominator.

This common denominator is most clearly given in Rambam, Theft 7:1

The chapter is talking about ANY type of denial which would result
in monetary payment if admitted in a court of law."

In other words the parshah should be read as follows:

When a person desecrates God (With a false oath) and denies to
his friend any monetary matter --such as denial of a deposit,
a PLACEMENT of HAND, theft, misappropriation, or a lost article--
when he denies this and swears falsely then he should....

So Rashi Is Simple. The meaning of the 5 items in the verse
are learned from the CONTEXT which is one of monetary
misappropriations.

Three of these meanings---
        --denying a deposit,
        --lost article or
        --theft-
are clear.

The technical meaning of misappropriation is WITHOLDING WAGES.
This is clearly seen in {LIST1}. Both Rambam (Theft 1:4) & Radack
include in misappropriation ANY WITHOLDING OF VALUES THAT
CAME WITH CONSENT. So in wages, the laborer consented to work
BEFORE he was paid. Similarly in a loan the lender consented
to give the monetary amount. Presumably Rashi would agree
with this since it is based on {LIST1}. The Radack brings
Jer50-33 as the best example that WITHOLD simply means
lack of release: "Witheld are the Jews since
there captors will not release them"

The remaining item, PLACEMENT OF HAND must be
some monetary relation that is not a deposit, theft, witholding
or a loss--so Rashi takes it as a LOAN or INVESTMENT SERVICE.
Thus Rashi Is Simple. A summary of the five items in 3-5-21,
their meanings and their distinguishing attributes may be found
in {LIST2}.

This completes our analysis of these Rashis. However for those
who want further details we note the method by which the Sifrah
analyzes this list of 5 items (presented in {LIST2}). Such
analysis is typical of Talmudic learning.

Recall that the chapter says that when a DENIAL is made under
oath then the person must restore the amount, a fifth and bring
an offering. The ultimate question is WHAT does he have to
deny for these laws to apply.

-On the one hand DENIAL could mean even VERBAL denial.

-The DEPOSIT example shows that denial of MONETARY objects is
 necessary.

-The LOAN example is used to show that denial of VALUE even
 if it is not connected with a SPECIFIC object also comes
 under the law.

-The THEFT example expands the law to include cases where
 the initial transfer was not voluntary (as in loans and deposits)

-The WITHOLDING example expands the law to include cases
 where there was no transfer (the worker is OWED wages but
 nothing has been taken from him)

-The LOST ARTICLE example expands the law to include cases
 where the agrieved was not aware of who has his property.

As noted earlier the Rambam summarizes this as follows:

        >>Any denial where an admission would necessitate payment


COMMENTS ON RASHI'S FORM:

 It is interesting to study the minor differences between
Rambam (Theft 7:1) and Rashi.

-Rambam includes in his list of examples both theft & robbery
-Rambam includes both loans and partnerships under WITHOLDING
-Rashi includes loans and investorships
 I see little reason to attribute any significance to this.

In passing I note that I know of know source (Sifrah, Gmarrah)
that treats 3-5-21:22 as a GENERAL-DETAIL-GENERAL case though
the Rambam (Theft 7:1) clearly takes it this way).

LISTS {For ADVANCED students and for those with more time}:

{LIST1} {Of verses with WITHOLDING---many of them refer
        to WITHOLDING OF WAGES; however as the verses
        brought by the RADACK show it refers to a WITHOLDING
        of any monetary value which came with consent
        (Rambam Thefts 1:4)}

VERSE    TEXT
=====    ====
Mal3-5   Those who withold the wages of laborers, orphans..
5-2-14   Do not withold the wages of poor laborers
Jer7-6   Do not withold the alien, orphan and widow
Jer50-33 The Jews are witheld--their captives hold them
Job40-33 He(Leviathan) witholds the river (waters)


{LIST2} {Of the 5 examples in 3-5-21. Their meanings and their
        distinguishing attributes are mentioned. The underlying
        commanality is mentioned in Rambam Theft 7:1---
        "Any denial which if admitted in a court of law would
        result in payment"}

ITEM            MEANING         DISTINGUISHING ATTRIBUTE
====            =======         ========================
Deposit         Deposit         Object with monetary worth
PLACEMENT       Loan *1         A VALUE (but no object)
Theft           Theft *2        Taken without consent
Witholdings     Witholdings *3  No initial theft *3
Lost articles   Lost articles   No awareness of who has it

FOOTNOTES:
==========
*1 Rambam includes loans and partnerships. Rashi mentions
        loans and investorships. In any event we speak
        about possesion of VALUE but not of OBJECTS

*2 Rambam includes both theft and robbery

*3 Thus the laborer CONSENTED to work before being paid.
   Similarly the lender CONSENTED to loan.
   If the 2nd party refuses return of the value then he has
   not committed a sin of theft but has committed a sin
   of witholding.

CROSS REFERENCES:
  v2b25-22 (Rabbi Ishamel's 13 attributes)

ACKNOWLEDGEMENTS:
  Rambam Theft 1:4--Witholding = retaining money volitionally given
  Rambam Theft 7:1--the five examples in this verse
  RDK--The book of ROOTS---ASHK

RULE CLASSIFICATION {See the web site for comparable examples}:
  NEW MEANINGS | CONTEXT
  WORD MEANINGS | CONTEXT
  WORD MEANINGS | CONTEXT
  WORD MEANINGS | CONTEXT
  WORD MEANINGS | CONTEXT


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NOTATIONAL CONVENTIONS
----------------------
e.g. v5b2-1 means as follows:
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                                        Seir)

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