The 6 usages of the word >THE<:#24 of 35
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                        ======
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              Rashi Yomi will resume next TUESDAY

                A HAPPY & JOYOUS PASSOVER TO ALL

RULE
====
The words >THE< can be used in 4 ways


--THE can refer to a proper noun



--THE can refer to something that is mentioned nearby

  eg Dt04-32c >Has anyone heard THE GREAT THING-that God
  saved a nation enslaved in another nation with great miracles<

  Thus the phrase >THE GREAT THING< refers to the verse that
  follows >That God saved a nation enslaved in another nation<



--THE can refer to a concept, story or thing mentioned
  ELSEWHERE (but not immediately afterwards)

  eg Nu13-33a >We saw there THE Nefilim<
  This refers to the NEFILLIM nation mentined in Gn06-04



--THE can refer to the best known of a class

  eg  Dt01-07e >THE Mount< -- This refers to The Kings Mountain






GOALS:
=====
A person completing this module will be able to correctly
identify the specific usages of >THE< in the Bible.




TODAYS UNIT
===========
Today we bring examples where >THE< refers to
the SPECIAL and BEST KNOWN examples of an item.





REFERENCE:
=========
This module comes from the following digest in the
Rashi-is-Simple series


http://www.RashiYomi.Com/h9n14.htm
http://www.RashiYomi.Com/h9n16.htm
http://www.RashiYomi.Com/h9n18.htm
http://www.RashiYomi.Com/h9n19.htm
http://www.RashiYomi.Com/h9n20.htm (Up next week)
http://www.Rashiyomi.Com/h9n21.htm  (Up next week)

#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2001 *#*#*#*#*#*#*#*#*#*#*#*#*

------------------------------------------------------------
 In the following verses >THE< refers to the best known
 example of an item--this leads to halachic consequences
------------------------------------------------------------

EXAMPLE 58: Ex22-01a
====================
BACKGROUND
----------
 The verse is speaking about the right to kill a thief found
 in the Tunnel


THE VERSE:
----------
Ex22-01a If you find the thief in >THE Tunnel< then you
         can kill him


RASHI
-----
   If the verse had said >you can kill the
   thief in A tunnel< it would eg mean that if I found the
   thief hiding out in a tunnel a day or two later I can kill
   him. But when the verse says >you can kill the thief in
   THE tunnel< it means you can only kill the thief in
   >THE KNOWN HOUSE TUNNEL<.

   In other words only in the house tunnel while entering
   the house do you have the right to kill the thief. Indeed,
   the thief knows that if the owner catches him stealing then
   the owner will try and kill him. Hence the thief is prepared
   to kill in return. Since the thief is prepared to kill in
   return you have the right to kill him first.

   In fact, it is from this verse that we learn the important
   prinicple that
   >you have the right to strike first if you expect
   that someone is trying to kill you<

   By contrast if the thief was eg in a tunnel hideout and
   you accidentally find him you do not have a right to
   kill him. Since he is hiding out he is not planning to
   kill and therefore, although you have a right to sue him
   for the money he stole, you dont have a right to kill him.

   These laws are also brought down by Rambam Theft, Chapter 9





EXAMPLE 59: Ex21-20b
====================
BACKGROUND
----------
The verse is speaking about whether a master is liable for
murdering a slave while hitting him. Rashi had already
learned from Nu35-16:18 that a murderer
is only liable for a death penalty if the murder weapon
was capable of killing. However if eg I throw a spitball
at a person and he dies THEN IT DIDNT KILL HIM. I am not
liable for murder!  Let us now examine Ex21-20b


THE VERSE
---------
Ex21-20b If you hit the save with >THE rod< then if he
         immediately dies you are liable to a death penalty


RASHI
-----
>THE Rod< refers to >Standard rods<(used for hitting slaves)

If the verse had said >If you hit the slave with A rod<
then it would imply that the hitter is ALWAYS liable for
a death penalty (even if he hit his slave with a spitball!)

But when the verse says >If you hit the slave with THE rod<
then the verse implies that you are only liable to a death
penalty when you hit a slave with >THE KNOWN RODS< used
for slaves (or any other object capable of killing the slave)

#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2001 *#*#*#*#*#*#*#*#*#*#*#*#*