Rashi-Is-Simple Mailing List VISIT the RASHI DATABASE archives AT http://www.shamash.org/rashi (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 *#*#*#*#*#*#*#*#*#*#*#*#*#*