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                  (C) Dr Russell Jay Hendel, 2000

                        Volume 4 Number 24
                        Produced Jan, 16 2000

      WARNING: USE FIX WIDTH FONTS (eg COURIER (NEW) 10)



                        ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
                        ^^         THE GOLDEN           ^^
                        ^^     Rambam Rashi Series      ^^
                        ^^        Gold series #3        ^^
                        ^^                              ^^
                        ^^ 'No eye save yours, God, has ^^
                        vv seen what you fix for those  vv
                        vv who wait for you'            vv
                        vv                              vv
                        vv                              vv
                        vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv


Verses/Topics Discussed in This Issue with quicky explanations
--------------------------------------------------------------
v1z9-5
          GOLDEN RAMBAM SERIES #3---Murder 2.
v2a21-14
          By Aligning 2-21-14,2-21-12, 3-24-17, 2-21-20:21 all of
          which speak about a "death penalty for murder" we are
          able to infer many laws from the minor differences in
          the vereses. eg  death penalty only applies to killing a
          MAN, WOMAN,CHILD but not FOETUS
v1a9-5
          v1-9-5:6 lists 4 sentences describing an increasing
          sequence of liability for murder. We have a) SUICIDE
          (smallest responsibility---you don't take someone else's
          life) b) death by animal (non deterministic) c)death by
          hire(not PHYSICALLY caused), d)MURDER

                WEB UPDATED TOMORROW AROUND NOON

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

                        RASHI IS SIMPLE


 GOALS: To grammatically defend all 8000 Rashis on Chumash.
 METHOD:Every Rashi will be defended with a LIST of comparable cases
 INTENDED AUDIENCE: Laymen, Academicians, Rabbis, Yeshiva students

 COMMENTS,QUESTIONS: EMail to address below; (minor edits may occur)
 ACKNOWLEDGEMENT:Always given unless 'anonymous' is explicitly asked
 (UN)SUBSCRIBE: Email to above with keyword "(UN)subscribe"

 JOURNAL REFERECE: Pshat & Drash, TRADITION, Win 1980, R Hendel
 NOTATION: eg v2b1-8 refers to Ex(Book 2) Chap 1 Verse 8 Rashi b(#2)
 SPECIALS:...on Rambam,Ramban,Symbolism,Pedagogy,Daily Questions

          EMAIL: RJHendel@Juno.Com,rashi-is-simple@shamash.org,

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

VERSE: v1z9-5
======

Rambam, Murder, Chapter 2. This LIST describes all laws in
the Rambam, the verses from which they came and whether
Rambam and/or Rashi cited these verses.




The purpose of this Rashi-Rambam series is to to show how
these 2 great Rishonim were really much closer than people think.
True, sometimes Rashi is terse, but sometimes Rambam is terse.
Sometimes Rashi is more analytic than Rambam.





By reviewing these chapters we see how Rashi and Rambam both
covered the same laws, each in their own way. More details are
contained in the other postings in this issue. Please have your
browser or word processor set to COURIER 10 or COURIER NEW 10
or a FIXED WIDTH FONT to properly read this list.




                                            Verse       Is     Is
                                            From        Verse  Verse
                                            Which       Cited  Cited
                                            Paragraph   By     By
Par Text of Paragraph                  Note Is Inferred Rambam Rashi
=== ================================== ==== =========== ====== =====
1   There is Death penalty for murder  *1   1-9-5:6     Yes    Yes

2   NO DEATH PENALTY BY COURT IF...
    (a) you hire someone to kill       *1   1-9-5       Yes    Yes
    (b) you deliver him to eg lions    *1   1-9-5       Yes    Yes
    (c) commit suicide                 *1   1-9-5       Yes    Yes
    BUT THE ABOVE 3 VIOLATE MURDER          1-9-5       Yes    Yes
    THE ABOVE 3 ARE PUNISHED BY GOD         1-9-5       Yes    Yes

3   Scriptural derivation of Par #1:2

4   a)Court right to execute murderers      Rabbinic
    b)Kings right to execute murderers      Rabbinic

5   Non executed murderers imprisoned       Rabbinic

6   COURT DEATH PENALTY ON                  2-21-12      Yes   Yes
    (a) murder of male / female        *2    vs          Yes   Yes
    (b) adult / minor / day old infant      3-24-17      Yes   Yes
    (c) NO COURT DEATH on prematures          vs         Yes   Yes
                                            2-21-14
7   COURT DEATH PENALTY whether on
    (a) healthy people                      3-24-17      Yes   No
    (b) sick people                           vs
    (c)people dying at hands of heaven      2-21-12
    (d)NO COURT DEATH on 2nd shooting  *3     vs
                                            2-21-14
8   NO COURT DEATH PENALTY on murder
    of "1 year- to live"               *3   Same as #7         `

9   A "1 year-to live" who killed has
    a)COURT DEATH if done in courtroom *4   Rabbinic    Yes     No
    b)NO COURT DEATH otherwise

10  COURT DEATH PENALTY on murder of   *5   2-21-14     Yes    No
    (a) Israelite                             vs
    (b) Non jewish slave                    2-21-12

11  NO COURT DEATH PENALTY on murder   *5   2-21-14     Yes    No
    (a) of noachide                           vs
    (b) of non jew                          2-21-12

12  For your OWN non jewish slave      *6   2-21-21:22  Yes   Yes
    THERE IS NO death penalty if
    (a) you gave a lethal blow
    (b) he died after 24 hours
    Because you have discipline rights

13  For your FRIENDS' non jewish slave *7   2-21-21:22  Yes    Yes
    THERE IS a death penalty if
    (a) you gave a lethal blow
    (b)even if he died after many days

14  For your OWN non jewish slave
    THERE IS a death penalty if
    (a) you gave him a lethal blow
    (b) he died after 24 hours         *8
    (c) you smit him with a knife                       No     No
    (Par #12 does not apply)

15  There is a death penalty if
    (a)You sold him
    (b)sale is effective in 30 days    *9
    (c)you can use him during month
    (Par 12 requires EXCLUSIVE owner)                   No     No

16  There is a death penalty if
    (a) one of 2 partners kills slave  *9
    (Par 12 requires EXCLUSIVITY)                       No     No




FOOTNOTES
*1 1-9-5:6 is actually cited in Paragraph 3 of Rambam.
   These verses contains "4 distinct sentences" which
   form a progression
        >suicide (so there is "consent to kill")
        >death by animal (which is not deterministic)
        >death by hire(so you don't personally do it)
        >full fledged murder
   My opinion is that Paragrah 3 of Rambam applies
   to BOTH Paragraph 1 and 2 (it gives the verses
   for both)

   Note how Rashi is more analytic then Rambam. For
   example Rashi gives the following defense for murder
   by animals
        >But God is killing people by animals anyway.
        >This is a punishment for our sins. He would
        >have died anyway. True I tied him up but it
        >it was the animal that killed him.

*2  This is obtained by ALIGNING 2-21-12 and 3-24-17. One
    verse speaks about KILLING A MAN while the other speaks
    about KILLING A HUMAN SOUL. Hence we interpret the
    term MAN broadly as referring to an ADULT, CHILD, MINOR
    but not a foetus (which does not have a soul).

    Notice how the Rambam is more detailed since he eg discusses
    issues of viability before/after 30 days.


*3  By ALIGNING 2-21-12, 3-24-17 and 2-21-14 we see that 2-21-14
    speaks about killing
        >ALL of a person.
    From this we infer that there is no death penalty if you only
    killed PART OF A PERSON (eg he was already shot and I shoot
    a 2nd time).

    Note how this concept must be developed on several cases.
    Rashi did not bring this law down explicitly (though he
    started the ALIGNMENT and indicated "I will try and give
    most of the inferences"---apparently he left some to the
    student.

    Rambam although he does not derive this law from this verse
    in this chapter nevertheless does derive it from this verse
    in Chapter 4.


*4 The Rambam APPEARS to cite a verse here but the context of
   the phrase
        >and erase the evil from your midst
   does not indicate "crime before a court".
   In fact the BAIS BECHIRAH on Sanhedrin points out that any
   judicial rendering requires judicial review....hence we
   must intepret this Rambam as RABBINIC...the court exercises
   its right to execute a non convicted murderer because otherwise
   he will just do it again.



*5 Rambam does give the derivation but Rashi doesn't. Again
   however Rashi clearly indicates that
        >many derivations come from the alignment of verses
   In this case 2-21-14 vs 2-21-12 speak  about
        >killing ones FRIEND (vs killing a person)
   from which we infer that murder of a non jew does not
   carry a death penalty. (Again, Rambam develops this
   principle in greater detail)


*6
*7 These two laws are clearly stated in the Bible and cited
   by both Rambam and Rashi. Note how Rambam clarifies Rashi
        >The law (that you are exempt from a death penalty)
        >if your slave died 24 or more hours after you hit
        >him is not just because the verse says
                >Because the slave is YOUR property
   Rather as Rambam points out the law derives from the
   fact that the master had the right to discipline the
   slave. Therefore this law is covered by Rashi on 2-21-14
   where it is pointed out that
        >deceptive killing is required for a death penalty
   Therefore there is no death penalty on
        >a father disciplining a child
        >a teacher disciplining a student
        >a master disciplining a slave
   Note how Rashi's development is more detailed in this case



*8 This is a novelty of the Rambam and does not have a Talmudic
   basis. Nevertheless I have suggested in v2b31-13, v1n16,
   that the ACH in 2-21-20:21 may lend scriptural support to
   the Rambam. Thus the verse would read
        >USUALLY if your slave dies after 24 hours you are
        >not liable to a death penalty
   The Rambam would explain
        >USUALLY you are not liable--but if you hit him with
        >a knife vs a rod you are liable.


*9 Neither Rashi nor Rambam brings verses for these cases. It is
   normal in Talmudic study to examine
        >LIABILITY OF PARTNERS
   In this case we ask if the SLAVE OWNERSHIP EXEMPTION
        >(No death penalty if your slave dies 24 hours or more
        >after you smote him during normal disciplining)
   applys in partnership situations. Very often these discussions
   are LOGICAL not DERIVATIONAL and hence the approach of Rambam/
   Rashi (of not mentioning any derivation) seems to be correct.
   Nevertheless, we mention in passing that some scriptural
   attempts do exist in the Mechiltah.

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

VERSE:  v2a21-14
======

        v2a21-14 When a person willfully plots on his friend
                to deceptively kill him ..he shall die

        v2b21-20 If a person smite his slave with a rod
                and the slave dies then his blood shall
                be avenged.

        v2a21-21 But if the slave survives a day or days

        v2b21-21 then he is not avenged because he is
                his property.



RASHI TEXT:
===========


        v2a21-14 Only willful murders are punishable by death
        Accidental murders or even murders that result from
        disciplining of father on sons, teachers on students,
        masters on slaves are not punished.


        v2b21-20 There is only a death penalty if you kill with
                >A ROD---
        that is something that can deliver a lethal blow
        But if you kill with something without a lethal
        blow you do not die.


        v2a21-21 "DAY OR DAYS"---------
        is a Biblical idiom meaning a 24 hour period
        (Which can occur in a DAY or over a period of 2 DAYS)


        v2b21-21 The exemption that
                >there is no death penalty if you hit a
                >slave and he doesn't die in the first 24
                >hours
           only applies to YOUR slaves (because you have
           the right to discipline them)--it does not apply
           to other peoples slaves


BRIEF BUT COMPLETE NARRATIVE EXPLANATION:
=========================================
Rashi uses the ALIGNMENT method here which is compactly reproduced
in {LIST1}. The ALIGNMENT method requires that SIMILAR verses be
written and LINED UP one against the other so as to reveal
similarities and differences. These differences are then the source
of legal inferences. These legal inferences do not come from extra
words but rather from the fact that certain parts of the aligned
verses are the SAME while others are DIFFERENT.

        ------------------------------------------------------
        |QUESTION 1:                                         |
        |===========                                         |
        |Try aligning the 4 verses                           |
        |       >2-21-12                                     |
        |       >2-21-14                                     |
        |       >3-23-17                                     |
        |       >2-21-20                                     |
        |Then compare your answer to ours.                   |
        ------------------------------------------------------

Before proceeding kindly make sure your word processor or browser
is set to COURIER 10 or COURIER NEW 10 or FIXED WIDTH. Because
everything is based on COMPARISONS OF VERSES we have no narrative
part; everything is in the LISTS below.




Let us review how this list should be read. If you read down any
COLUMN you will see a verse. For example the left hand column
reads
        >he who hits a man and that person dies; he is executed
which is the text of 2-21-12. For this reason the left hand column
is labeled 2-21-12.




On the other hand if you read across any ROW you can see
the COMMON features of all verses or the DIFFERENCES between
them. As a simple example, 3 of the 4 verses begin
        >if someone HITS
while one verse begins
        >if someone MURDERS
This difference occurs on row "C" (you can find the row labels in
the NOTE column on the far right). By referring to NOTE C you
can see the explanation of this difference.





As a final example row H shows 4 differences in the 4 verses
on the murder victim who is called
        > a man
        > a human soul
        > his friend
        > his slave
For example, since it says BOTH
        >A MAN and A HUMAN SOUL
we interpret the word MAN broadly as applying to MAN, WOMAN,
CHILDREN but not to foetuses that do not have souls.
These differences are explained in FOOTNOTE H. (Not all differences
are explained here--only those that we need to clarify Rashi and
Rambam).  The explanations of the footnotes form {LIST2}.




COMMENTS ON RASHI'S FORM:
=========================
LISTS {For ADVANCED students and for those with more time}:
===========================================================

{LIST1} {Alignment of 4 verses. Explanations are in {LIST2}}



2-21-12            2-21-14         3-23-17        2-21-20:21    Note
================== =============== =============  ============= ====
                   if willfully                   when          a
                   a man           a man          a man         b
he who hits        murders         that hits      hits          c
                   deceptively                                  d
                                   all of                       e
a man              his friend;     a human soul   his slave     f
                                                  with a rod    g
& that person dies                                & he died     h
                   from my altar                                i
heis executed      take him to die he is executed he is avenged j

                                                  But if he
                                                  survives
                                                  a day or days k
                                                  he is not
                                                  avenged
                                                  because he is
                                                  his property  l

{LIST2} {Explanations of differences in {LIST1}}


NOTE EXPLANATION                                             RASHI
==== ======================================================= =======
a    Only WILLFUL murders are punished by death              2a21-14

b    A MAN who kills receives death penalty(but not a minor) 2b21-12

c    See footnotes (f) and (i)

d    DECEPTIVE murders are punished;not Father spanking son  2a21-14

e    Death penalty only if you kill "ALL" of person but      Rambam
     not if eg you shot a person who was already shot        Mrdr4:6

f    HIS FRIEND;no death penalty for non-jews' murder        Rambam
     Death penalty for murdering MAN, WOMAN, CHILD           2b21-12
     But not a foetus(which does not have a HUMAN SOUL)      2b21-12

g    WITH A ROD=Something that can kill(else no penalty      2b21-20

h    Death penalty only if the victim DIED (that is the blow 2b21-12
     was potentially lethal--if he died from a non-lethal
     blow there is no death penalty)

i    The delivery of a death penalty takes precedence over   2b21-14
     temple service (a priest who kills is executed even if
     he is needed for temple service)

j    Not explained by Rashi

k    Rashi explains that the Biblical phrase                 2a21-21
        >Day or days
     is an idiom meaning a 24 hour period
     I have no list to support this and therefore
     just accept it as a dictionary definition

l    Rashi uses {LIST3} showing that some laws ONLY APPLY    2b21-21
     to HIS PARENTS or HIS SLAVES while other laws apply
     to ALL people.

{LIST3} {Verses in 2-21-12:20 with/without POSSESSIVEs}

VERSE    TEXT                  HIS?   WHO?        INTERPRETATION
=======  ===================   ====   ========    ==============
2-21-12  When a person hit a          man
2-21-14  When a person hit     HIS    friend      Fellow Jews
2-21-15  When a person hit     HIS    parents     HIS parents
2-21-16  When a person steal          a person
2-21-17  When a person curses  HIS    parents     HIS parents
2-21-18  When a person hits    HIS    friend      Fellow Jews
2-21-20  When a person hits    HIS    slave       HIS slave
2-21-21  ....because he is     HIS    property    HIS slave

     Thus the LAW
        >of not receiving a death penalty for accidentally
        >killing a slave while disciplining him/her
     only applies to
        >YOUR slave
     since you have the right to discipline your slaves.
     This simple explanantion is added by the Rambam
     who clarifies the law...it ties in with footnote
     D above.....a father has a right to discipline his
     son, a teacher has a right to discipline his student
     and a master has the right to discipline a slave.




CROSS REFERENCES:
=================
        v1n12, v2b21-12 --- Shows the alignment of v2b21-12
        with v3-24-17

ACKNOWLEDGEMENTS:
=================

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

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

VERSE:  v1a9-5
======

        v1a9-5 I will SEEK the blood of your souls

        v1c9-5 I will SEEK it(your blood) from animal (murders)

        v1d9-5 I will SEEK the soul of man..from man

        v1a9-6 Murder will be punished by human hands



RASHI TEXT:
===========

        v1a9-5 "I will SEEK the blood of your souls"
                RASHI: This refers to a SUICIDE

        v1c9-5 "I will SEEK it(your blood) from animal (murders)"
                RASHI: This refers to tying someone up before
                an animal

        v1d9-5 "I will SEEK the soul of man..from man"
                RASHI: This refers to a willful murder
                where there are no witnesses

        v1a9-6 "Murder will be punished by human hands"
                RASHI: This refers to a willful murder
                where there are witnesses


BRIEF BUT COMPLETE NARRATIVE EXPLANATION:
=========================================
Rashi uses the principle of
        >CLIMAX.
This principle states that when 4 or more similar items
are listed in a verse it is proper procedure to interpret
them sequentially in a developmental pattern.

        ----------------------------------------------
        |QUESTION 1:                                 |
        |===========                                 |
        |Review the items in verses 5 and 6. Can you |
        |see them as a sequence? What is the climax  |
        |of this sequence? How do the items in the   |
        |verse increase sequentially?                |
        ----------------------------------------------



The SEQUENCE aspect of 1-9-5:6 can be best appreciated thru the
Rambams point (Murder 2:2-3) that there are 3 distinct sentences
in 1-9-5 each having the word SEEK in them
        >I will SEEK your own blood (suicide)
        >I will SEEK it from animals (murder by animals)
        >I will SEEK it from people (murder by hire).
Notice how we are emphasizing, not
        >Extra words but
        >Extra sentences.




It is not hard to see the ASPECT OF MURDER indicated by each
sentence.




SUICIDE
-------
Normally we think of murder as an
        >act of theft
The murderer steals the persons LIFE FORCE from him. Such a
perspective would however not see SUICIDE as a sin. Therefore
the Torah emphasizes that Murder is a
        >crime against God--
the murderer diminishes the Divine Presence in the world. Hence
the suicide committer has deprived the world of an extra soul




MURDER BY ANIMALS
-----------------
Rashi picturesquely gives a defense argument for a murder act
of tying a person up before animals
        >I didn't kill him. I simply tied him up before the
        >lion. The lion killed him. Lions kill lots of
        >people. Even if what I did was wrong I shouldn't
        >get the death penalty because I did not commit
        >the whole murder.




MURDER BY HIRE
--------------
Already in 1-3-14 Rashi gives a defense argument for a murder
by hire
        >I didn't physically kill him. I simply paid money
        >to thugs to kill him. The thugs should be sentenced
        >to death. They didn't have to listen to me. Yes, I
        >know there are witnesses to my hiring them but the
        >hire is not an act of murder. The real murder was
        >done by the thugs.




So when we come to 1-9-6 we understand why the willful murder is
punishable by a court death penalty. The willful murder used

  >a physical force that directly kills(not eg by hire)
  >the force inevitably results in death(not eg by animal)
  >the murderer destroyed a divine image(not an act of theft-
        so it can't be atoned for by payment)

Hence he must be put to death and cannot have his sin atoned for
otherwise. (Other acts of murder (such as by animal or hire)are
not punishable by human courts).




This sequence is compactly summarized in {LIST1}. {LIST1} also
gives further details on certain interpretations we have given
to Rashi.




COMMENTS ON RASHI'S FORM:
=========================


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


{LIST1} {Summary of 4 items in 1-9-5:6. The LIST below shows
        how they form a SEQUENCE of increasing items.
        Rashi makes further comments on these verses which
        will be discussed in a future issue*2}


TYPE    WHAT THIS TYPE OF MURDER
OF      EMPHASIZES IN THE
MURDER  SEQUENCE OF 4 ITEMS             VERSE
======= =============================== ==========================
Suicide Murder is crime against God     I'll seek Your souls blood
Animal  Murder force not deterministic  I'll seek From animals
Hire*1  Murder force from others        I'll seek from people
Murder  Person does it;death inevitable Murder punished by man

FOOTNOTES
*1 Rashi actually identifies this phrase with
        >Willful murder without witnesses
   But a murder thru hire is also a
        >Willful murder without witnesses
   Furthermore we can't assume that Rashi believed that
        >The verse talks about Willful murder & no witnesses
   Because that would not add anything to the sequence since
   it is an established principle in Jewish law that
        >witnesses just CLARIFY status; they do not ESTABLISH it
   In other words we can't claim for example that a
        >murder without witnesses
   is an act of a different type of criminality then a
        >murder with witnesses
   Consequently we interpret Rashi's
        >Willful murder without witnesses
   to mean
        >a murder by hire (since witnesses wouldn't convict)


*2 Rashi adds 2 items on
        >murder thru suffocation (vs stabbing)
        >negligent murder
   We however are simply concerned with the list here.
   In a future issue we will show the consistency of this
   list with the other two items.


CROSS REFERENCES:
=================

ACKNOWLEDGEMENTS:
=================

RULE CLASSIFICATION {See the web site for comparable examples}:
===============================================================
        CLIMAX
        CLIMAX
        CLIMAX
        CLIMAX

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

                        End of Rashi-Is-Simple Digest

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