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(C) Dr Russell Jay Hendel, 2000
Volume 6 Number 2
Produced May, 07 2000
WARNING: USE FIX WIDTH FONTS (eg COURIER (NEW) 10)
Verses/Topics Discussed in This Issue with quicky explanations
--------------------------------------------------------------
v2d2-13
RESH-AYIN means SHEPARD. From this we obtain a primary
meaning of BUSINESS PARTNER/ASSOCIATE. We bring 3 Rashis
to support this meaning. We also obtain a secondary
meaning of SOMEONE YOU BEHAVE WITH ACCORDING TO
'RECIPROCITY LAW'. We review 9 Law classes.
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VERSE: Ex02-13d
======
****************************************
MODULE 1--RESH-AYIN=Business Colleague *
****************************************
It is the goal of this posting to review the Rashis on
>Resh-Ayin (Business colleague)
There are about a half a dozen verses where a commandment or
prohibition is formulated as
>do (or don't do) such and such TO YOUR COLLEAGUE/BUSINESS PARTNER
Traditionally the Hebrew word
>Resh-Ayin
is interpreted to mean
>FRIEND
However as I show below the translation
>RESH-Ayin = COLLEAGUE / BUSINESS PARTNER
seems to be more precise and consistent with Rashi and Halachah.
The translation
>RESH-AYIN=Business partner
fits well in the following Rashis{LIST1}
EXAMPLE A.1:
------------
>Dt23-25a When you come into your PARTNERS vineyard...
>RASHI:
>This verse is talking about a WORKER in his employers
>vineyard (The WORKER is given certain rights by the
>Bible to eat while he is working)
EXAMPLE A.2:
------------
>Dt23-26a When you come to your PARTNER's sheaves
>RASHI:
>This verse is also talking about a WORKER in his
>employers property.
EXAMPLE A.3:
------------
>Dt24-10a When you incur a debt with your BUSINESS PARTNER
>RASHI:
>The Hebrew word
> >N-Sh-H = Incur a debt
>The Hebrew word
> >Resh-AYIN = Associate
EXAMPLE A.4:
------------
When God prepared the Jews for the Exodus from their Egyptian
Taskmasters in Egypt God told Moses to tell them
>Ex11-03 Tell the Jews to ask from their BUSINESS BOSSES
>(the Egyptian Taskmasters) silver and gold vessels
In the above 3 Rashis/4 verses our suggested translation
>RESH-AYIN = Business Associate/Colleage/Boss
succesfully explained the interpretation that
>these chapters talk about WORKERS
The usual translation
>Resh-Ayin = Friend
would not have so explained them.
*******************************************************
MODULE 2---RESH-AYIN= RECIPROCITY/Law of the Frontier *
*******************************************************
In the last MODULE we saw that
>strict narrow meaning of RESh-AYIN=Business Associate
In this module we explore a broader more general meaning.
An accepted legal opinion is that when eg a Biblical commandment
is formulated as
>do such and such to your COLLEAGUE(RESH-AYIN)
then that commandment ONLY applies to JEWS(Colleagues) but not
to non-jews(See Magid Mishnah on Rambam Hires 2:1)
An anonymous colleague told me that he remembers an obscure
comment by the commentary, Torah Temimah, that uses Ex11-03
>and let the Jews ask from their Egyptian COLLEAGUES
to prove the contrary; that when a Biblical commandment is
formulated as eg
>do such and such to your COLLEAGUE (RESH-AYIN)
it does NOT exclude the NON JEW. This Torah Temimah creates all
types of problems and contradicts several well known Jewish laws.
We therefore present a simple way to account for both these laws
and Ex11-03.
We have already explained that the primary meaning of
>RESH-AYIN = BUSINESS COLLEAGUE/ASSOCIATE/BOSS
We now introduce a secondary meaning
>RESH-AYIN= RECIPROCITY = LAW OF THE FRONTIER
That is RESH AYIN is used to denote people that have a reciprocity
relationship between each other (such as shepards who meet on a
grazing ground---if shepard A does favors to shepard B then B
will RECIPROCATE---but if A hogs ground to himself then B will
use "FRONTIER LAW" and take the matter into his own hand and double
cross A. Such RECIPROCITY LAW is common in eg the wild west, the
frontier, shepards, certain businesses etc.)
Based on this concept of RESH-AYIN=RECIPROCITY we can succinctly
formulate 3 classes of laws
>CHARITY/SOCIAL LAWS: Jews and Non Jews act in reciprocity
>OATHS/MURDER: Jews/NonJews have a different conception of
God/oaths. Similarly Jewish evidence laws are much
stricter than non jews(eg Rambam Robbery-Loss 6:2)
Hence Jews/nonjews can't act in reciprocity
>CONTRACTS/TORTS/THEFT:Jews/NonJews act in reciprocity
with regard to the prohibition of theft.
According to an obscure Rambam jews/nonjews act
in court cases in reciprocity if the nonjewish
court systems is like the jewish court system
(cf Rambam Monetary Torts 8:5, Loans 27:1-2)
In our next module we will confirm the above analysis by examining
9 classes of law {LIST2} where it says
>do (not do) such and such to your COLLEAGUES(RESH-AYIN)
This will prove our thesis that
>RESH AYIN = RECIPROCITY
{LIST3} below examines a unifying meaning behind the half dozen
meanings of RESH-AYIN. This will help confirm our suggested
translations. Finally the careful reader will note that
we have explained
>Primary meaning of RESH-AYIN=Business associate
>Secondary meaning of RESH AYIN=Reciprocity.
It is common in language for words to have PRIMARY/SECONDARY
meanings. For example
>DAY = 12 hour period or =24 hour period
>MAN = Male or MAN=Adult
{LIST4} contains a list of such DUAL MEANING words.
********************************************************************
MODULE 3:9 RECIPROCITY (RESH-AYIN)LAWS WHICH MAY ONLY APPLY TO JEWS*
********************************************************************
We conclude by reviewing those areas of
Jewish Law where the Bible says that a law applies
>to a Resh-Ayin = Someone you behave with RECIPROCITY
By reviewing these laws we will obtain an answer to the Torah
Temimah as well as understand some Novelty in the Rambam. We
start with a famous novelty in the Rambam. Thruought we will
translate
>RESH-AYIN = RECIPROCITY COLLEAGUE
Example B.1 (Torts)
-------------------
>Ex21-35 When an Ox gores the Ox of a RECIPROCITY COLLEAGUE
>
>RAMBAM Monetary Torts 8:5
>
>The Laws of Animal Torts do not apply when the owner of the injured
>animal is a non jew. BECAUSE THE NON JEWISH COURTS DO NOT REQUIRE
>THAT NON JEWISH COURTS USE THE SAME PAYMENT SCALE AS JEWISH COURTS
>THEREFORE THE JEWISH COURTS ARE ONLY OBLIGATED TO PAY BY THE
>LOWER SCALE OF JEWISH AND NON JEWISH COURTS (WHY SHOULD THE NON
>JEWS PROFIT?).
>
>Commenting on the above Rambam the MAGID MISHNAH explains
> >This is the Rambam's own reason (without a Talmudic source)
>
>Thus it is clear that the essential attribute of these payment laws
> >is RECIPROCITY
>If your colleagues pay you on the same scale as the Torah then use
>the Torah. Otherwise you don't have to.
Example B.2(Love thy 'neighbor')
--------------------------------
>Lv19-18 Love thy RECIPROCITY COLLEAGUES like yourself
>
>This verse seems to justify our concept of RECIPROCITY EQUALITY
>
>RAMBAM Mourning 14:1
>
>The Biblical Commandment Lv19-18 includes the Rabbinic laws to
>Visit the sick, Comfort mourners, join wedding parties....
>
>RAMBAM Idolatry 10:1,5
>
>We perform medical services for non jews 'for the sake of peace'
>We give charity to non jews 'for the sake of peace' We say
>hello to the them etc for the sake of peace
I am interpreting
>sake of peace=to avoid hatred=reciprocity/equality
That is, what they do for us we are obligated to do for them
EXAMPLE B.3a(Prohibition of theft, robbery, weights etc)
-------------------------------------------------------
>Don't steal Ex20-13, Rambam Theft 1:1
>Don't rob Lv19-13 Rambam Robbery and Loss 1:2
>Do not have bad weights Lv19-35 Rambam Theft 7:8
Since these laws are not formulated as eg
>Don't steal your RECIPROCITY COLLEAGUE
they apply to ALL people (Indeed, even though weights is
connected with the Egyptian Exodus it still applies to all people).
EXAMPLE B.3b (Covet)
--------------------
>2-20-14 don't covet YOUR COLLEAGUES HOUSE
I could find no ruling on whether this applies to non jews. Since
however jewish law perceives
>COVETING as LEADING to THEFT (Rambam Robbery Loss 1:11)
I would argue that COVETING non jewish property is prohibited
just as theft is prohibited. This however is my opinion.
Example B.4(Monetary Deposits; Civil Court cases)
-------------------------------------------------
The laws for borrowing utensils,civil cases and testifying, use
the word
>RESH-AYIN = RECIPROCITY COLLEAGUE
Some relevant verses are Ex22-6:14, Ex20-13:14, Dt05-17.
>RAMBAM Hire 2:1:
>
>The laws of borrowing do not apply to non jews since it says
> >When you borrow from your RECIPROCITY COLLEAGUE
>and non jews are not RECIPROCITY COLLEAGUES
The Rambam however modifies this statement in Hire 2:3
>It appears to me that if the borrower was criminally neglignent
>then of course he would have to pay...for in this case he pays
>because of DAMAGES not because of the laws of BORROWING.
As I suggested above laws involving OATHS do not apply to non
jews while laws involving DAMAGES do--this emanates from the
concept of RECIPROCITY. Similarly for laws that involve the unique
Jewish approach of testimony such as...
EXAMPLE B.5(Murder)
-------------------
>Ex21-14 When a person plot to kill his COLLEAGUE...he receives
> a death penalty
>
>RAMBAM Murder 2:11
>A Jew who kills a RIGHTEOUS NON JEW doesn't receive a death penalty
We close this section with commandments where NON JEWS are
explicitly mentioned.
B.6 (Laws where Bible explicitly mentions Righteous non jews)
-------------------------------------------------------------
There are at least 3 laws where the Bible explicitly mentions
different treatment to Righteous non jews (who have accepted the
7 noachide laws). They are
EXAMPLE B.6a(Not paying workers)
--------------------------------
> >Lv19-13 Don't without from your COLLEAGUE; Don't Steal
> >Dt24-14 Don't withold wages from your brother...or non-jew
> >Dt24-15 Pay him on that day...
>Hence the Rambam Hire 11:1:
>
>If you withold wages from a JEW you violate 4 prohibitions
>(Don't steal, don't withold, etc) and 1 positive commandment
>(Pay him on that day).
>
>If you withold wages from a NON JEW you violate only 1 prohibition
>and 1 positive commandment
This is all learned from the use of COLLEAGUE and NON JEW
Example 7.b(Monetary loans; interest)
-------------------------------------
>Ex22-25 When you take a loan deposit from your COLLEAGUE
>Dt15-03---Don't take interest from your BROTHER
>Dt15-04 DO take interest from the STRANGER
>Dt23-20--Don't take interest from your BROTHER
>Dt23-21--DO take interest from the STRANGER
>Hence the Rambam Loans 5:1
>
>It is prohibited to take interest from the Jew
>It is OBLIGATORY to take interest from the non-Jew
I do not know if Righteous non jews have a special status. I
also do not know if the laws of "daily returning security deposits"
applies to non jews.
Example 7.c(Refuge city for non jews)
-------------------------------------
>Nu35-15--For the Jews, Righteous Non jews..these cities are refuge
>Dt19-05..(refuge cities are for) who comes in with his COLLEAGUE
> to a forest to cut wood.....(and accidentally kills him)
>Hence the Rambam Murder 5:3,4
------------------------------
Refuge cities give refuge for accidental murders of Jews by Jews
and non jews by non jews (There is a big controversy in the case
of a Jew who kills a righteous non jew; a righteous non jew who
kills a jew receives the death penalty (The Rambam clearly
distinguished between a RIGHTEOUS NON JEW (Noachide) and a NON
JEW WHO ACCEPTED NOACHIDE LAWS BEFORE A JEWISH COURT (See Kings
10:1 vs Murder 5:3-4).
{LISTS}--THESE {LISTS} are TECHNICAL--PLEASE IGNORE ON 1st READING
==================================================================
{LIST1} {The 3 Rashis where
>RESH AYIN = BUSINESS PARTNER/ASSOCIATE/BOSS}
VERSE LAW
===== ===
Dt23-25a Right of WORKER to eat while gathering produce
Dt23-26a Right of WORKER to eat while gathering produce
Dt24-10a Laws of Loans
Ex11-03 Jews obtained wealth from Egyptian Bosses*1
FOOTNOTES
---------
*1 There is no Rashi on this verse. The Torah Temimah uses it
to prove that RESH AYIN can refer to non jews.
We however have explained that the
>Primary meaning RESH AYIN = BUSINESS PARTNER
>Secondary Meaning RESH AYIN = Reciprocity Colleague
So RESH-AYIN = Business Boss in Ex11-03. This is consistent
with the 3 other verses cited.
{LIST2} {7 Classes of Law where
RESH AYIN = RECIPROCITY COLLEAGUE}
LAW APPLY TO NON JEW? VERSE RAMBAM RECIPROCITY?
=== ================= ===== ====== ============
Torts Maybe Ex21-35 Torts8:5 If they judge like us
Charity Yes Lv19-18 Idol10:1-5 They help us
Theft Yes Ex20-13 Theft1:1 They don't steal
Covet Yes?*1 Ex20-14 Rob1:11 Like Stealing *1
Borrow No*2 Ex22-6- Hire2:1 Our oaths different
Murder No Ex21-14 Murder2-11 Our evidence differs*3
Workers Yes*4 Dt24-14 Hire11:1 Torah mentions non-jew
Loans No*4 Dt23-21 Loans5:1 Torah mentions non-jew
Refuge Yes*4 Nu35-15 Murder5:3- Torah mentions non-jew
Non-law Yes*5 Ex02-13d
FOOTNOTES
---------
*1 I could not find a source. Since the Rambam links COVETING
with stealing which applies to non jews I would suggest that
this applies to Non Jews
*2 The Rambam makes clear that CRIMINAL NEGLIGENCE penalties DO
apply to Non Jews. Hence it would only be the aspects of
borrowing dependent on LOANS that do not apply to non jews.
*3 Jewish evidence laws are much stricter than Non Jewish
evidence laws (eg See Rambam Robbery and Loss 6:3)
*4 The situation where NON JEWS are explicitly mentioned is
complicated. We only mention SOME of the laws. Further
details are given above. As a simple example, of this complexity
note that by the laws of the refuge city we have
>Nu35-15 Refuge citys DO APPLY to non jews
>Dt19-05 Refuge ONLY applies to your COLLEAGUE
Hence the laws that
>A non-jew who kills a non-jew accidentally gets refuge
>A Jew who kills a non jew accidentally doesn't get refuge
This is even further complicated by the controversies on this
law between Rambam and Raavad (Murder 5:2). For this reason
we left the list simple.
*5 There is a Rashi on this verse
>"Why do you hit your COLLEAGUE"
>RASHI
>Your RECIPROCITY COLLEAGUE...You always settle things
>by fights (Moses point was that they were fighting but
>not settling anything)
>
>I brought this Rashi here since it shows how Rashi
>believed in the secondary meaning of
> >RESH AYIN=RECIPROCITY COLLEAGUE
>(By contrast the translation
> >WHY DO YOU HIT YOUR FRIEND
>would not make sense here).
{LIST3} {The underlying unified meaning of
>RESH-AYIN = GRAZING/PASTURE etc
We obtain the following 6 meanings from the roots
RESH-AYIN-HAY, RESH-VAV-AYIN. Meanings were obtained
courtesy of RDK, Book of Roots *4}
MEANING VERSE ROOTS RELATION TO GRAZING
======= ===== ===== ===================
Grazing Pasture Gn47-04 R-A-H Grazing
Shepard(ing) Ez34-15 R-A-H Shepards=people of Pasture
Colleagues*1 Job2-11 R-A-H Business Partners(Fellow shepards)
Teruah sound*2 Nu10-07 R-V-H Fragmented sound*2
Brainstorming*2 Ec-2-22 R-A-H Fragmented thought*2
Depression*2 Jb24-21 R-A-H Feeling fragmented*2
Impetuousness*3 Gn06-05 R-V-H Fragmented,non focused, desires*2
FOOTNOTES
---------
*1 The Primary meaning would be shepards of a common grazing
ground from which we get the nuance "BUSINESS PARTNER"
A secondary meaning would be what we have called
>a FRONTIER colleague//RECIPROCITY COLLEAGUE
The idea being that Shepards live 'out in
the wild' and have a 'frontier mentality'
They extend help to those among them who
help each other; but if they are double
crossed they take the law into their own
hand. We will loosely call this 'frontier
law' or RECIPROCITY COLLEAGUES. We apply
it in {LIST2} to derive what commandments
apply to Non Jews. For references
to shepards as hard men who live a frontier
life see the explicit harsh statements in
Rambam Monetary Torts 8:13, or Theft 6:1
*2 A grazing ground is characteristically 'fragmented in appearance'
It does not look uniform. The distribution of Grass is sporadic
not orderly. From this concept of fragmentation we get 4 meanings
*3 Fragmented non focused instantaneous desires.
The word Resh-Ayin is normally translated
as EVIL---it however refers to IMPETUOUSNESS
following of desires. An example might be
Gn06-05--"And mans desires are impetuous
all day." A full analysis would take us far
afield. Since this is not our main topic we
will not pursue it further.
*4 The above analysis of Resh-Ayin was published in the email group
Torah Forum.
{LIST4} {Partial list of nouns (objects) with narrow and general
meaning. To create this list one must know meaning--the
list cannot be made using CD ROMS and Konkordances *2}
WORD NARROW MEANING BROAD MEANING
==== ============== =============
Day 12 hour period 24 hour period
Bread Bread Any Food
Man (ISH) Male Any person
E-L-H-I-M God Any Judge
Candellabra Main shaft Whole candellabra*1
RESH-AYIN Business Partner Reciprocity Colleague
FOOTNOTES
=========
*1 Cf 2-25-31 (broad meaning) vs 2-25-34 (narrow meaning). We have
a whole posting on the Menorah where this is developed in length.
(B.g. v2a25-31)
*2 This list occured in Volume 5 Numbers 21 Volume 2 Number 3 etc
PRINCIPLES USED: UNIFIED MEANING
UNIFIED MEANING
UNIFIED MEANING
UNIFIED MEANING
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
THE 2 DOZEN RASHI-IS-SIMPLE RASHI RULES
=======================================
I: RASHI gives MEANING
======================
A: WORD MEANINGS--(eg)"on the face of"=during the lifetime
(v2n6,v4-3-4), http://www.shamash.org/rashi/v4-3-4.htm
B: SPECIAL WORDS--(eg)ACH=USUALLY;USUALLY observe shabbath!
(v2n6, v4-1-49),http://www.shamash.org/rashi/v4-1-49.htm
C: SYNONYMS--(eg)YShV=RESIDE; GARTI='INNED'--temporary say
(v1n1, v1-32-5), http://www.shamash.org/rashi/v1-32-5.htm
D: UNIFIED MEANING--(eg)Tz Ch K = (a) laugh, OR (b) mock
(v4n4, v1-21-9), http://www.shamash.org/rashi/v1-21-9.htm
E: NEW MEANINGS--(eg)HEAD-MOUTH of garment = HEM of Garment
(v5n10,v2a28-32),http://www.shamash.org/rashi/v2a28-32.htm
II: RASHI teaches GRAMMAR/STYLE
===============================
F: CLASSICAL GRAMMAR--(eg)HEY+CHATAF PATACH=QUESTION
(v2n24,v1b3-11),http://www.shamash.org/rashi/v1b3-11.htm
G: USAGE(NEW GRAMMAR)--(eg)INFINITIVE=GERUND;WATCHING laws;
(v2n10,v4-32-6),http://www.shamash.org/rashi/v4-32-6.htm
H: ROOT+PREPOSITION--(eg) BCH AL=cries about,BCH ETH=mourn
(v1n14,v1a45-14),http://www.shamash.org/rashi/v1a45-14.htm
I: SEMANTIC RULES--(eg) WAGES="ENDoF"="END oF Work Day';
(v1n10,v1b1-1),http://www.shamash.org/rashi/v1b1-1.htm
J: STYLE--(eg)REPETITION denotes Endearment;'Abraham,Abraham
(v1n6,v2-1-1),http://www.shamash.org/rashi/v2-1-1.htm
K: DOUBLE NOUNS--(eg)HIT HIT by sword ('even without sword')
(v2n20,v2a22-25),http://www.shamash.org/rashi/v2a22-25.htm
L: PRONOUNS--(eg) sanctify OTHO = sanctify ONLY IT;
(v2n10,v4a7-1),http://www.shamash.org/rashi/v4a7-1.htm
III: OVERALL TEXTUAL STRUCTURE
==============================
M: OTHER VERSES--(eg)STONE(3-25-13)=BALANCE STONES(3-19-36)
(v3n9,v5b25-13),http://www.shamash.org/rashi/v5b25-13.htm
N: EXTRA SENTENCES--(eg)he'll dress his measurement=TAYLORED
(v1n20,v3a6-3),http://www.shamash.org/rashi/v3a6-3.htm
O: DOUBLE PARSHAS-'he WILL pray'-'he WON'T pray';So Optional
(v3n12,v5a24-14),http://www.shamash.org/rashi/v5a24-14.htm
P: CLIMAX-(eg 5-19-11)(a)Hate, (b)spy, (c)confront,(d)Murder
(v3n9,v5-19-11),http://www.shamash.org/rashi/v5-19-11.htm
Q: OVERALL STRUCTURE-growing nails=despisement(from context)
(v3n8,v5-21-12),http://www.shamash.org/rashi/v5-21-12.htm
IV: IMPLICATIONS & DERIVATIONS
==============================
R: STAGES-learn HUMAN marital frequency from ANIMAL ratios
(v1n14,v1a32-15),http://www.shamash.org/rashi/v1a32-15.htm
S: MORAL LESSONS/REASONS-God spoke before punishment;we too
(v2n12,v4-12-9),http://www.shamash.org/rashi/v4-12-9.htm
T: RabbiIshmael-(eg)When an OX gores; OR ANY animal gores;
(v2n19,v2-22-17),http://www.shamash.org/rashi/v2-22-17.htm
V: OVERALL
=================
U: SYMBOLISM-'WASHING his clothes in wine'=PLENTY of wine;
(v4n18,v1a49-11),http://www.shamash.org/rashi/v1a49-11.htm
V: PICTURES--(eg) The TZITZ was like a HELMET over a turban
(v5n12,v2-40-35),http://www.shamash.org/rashi/v2-40-35.htm
W: TABLES/SPREADSHEETS---To appear
End of Rashi-Is-Simple Digest
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