Rabbi Ishmael Example Method:#16 of 36
###########################################################
# 10 YEAR Ayelet DAILY-RASHI-YOMI CYCLE #
# Aug 24, 2000 #
# Rashis 221-225 Of 7800 (2.9%) #
# #
# Reprinted with permission from Rashi-is-Simple, #
# (c) 1999-Present, Dr. Hendel #
# http://www.RashiYomi.Com/ #
# #
#Permission to reprint with this header but not for profit#
# #
# WARNING: READ with COURIER 10 (Fixed width) FONTS #
###########################################################
TREAT
-----
Today and yesterday I am bringing you verbatim postings from
the current issue of Rashi is Simple the parent email group
to the Chevruta Rashi Yomi. This email group is published
twice weekly---those who want to subscribe can do so
at the Rashi website whose URL is above. There is alot new
here so please read the whole thing.
THIS MODULE
-----------
This module deals with the principle of CLIMAX. We review
Rashis on verses where the motivating interpretive force of
Rashi is the climactic development of verses.
WHAT IS THE RULE OF CLIMAX
--------------------------
a) 3 or more consecutive similar phrases **should**
be interpreted as developing CLIMACTICALLY. 1st step one,
then step 2, then step 3 etc
EXAMPLE: The verse Dt19-11 describes murder using 4 phrases
--------
--When a person HATES somebody
--and he STALKS him
--and CONFRONTS him
--and HITS HIM LETHALLY so that he dies.
We **could** interpret this to mean "When someone murders
someone". But because of the principle of CLIMAX we interpret
the 4 phrases as CLIMACTICALLY leading to MURDER. Murder
happens in 4 stages
a) EMOTIONAL: You HATE the person
b) OBSERVATIONAL: You OBSERVE the person CONSTANTLY(obsession)
c) SOCIAL: You CONFRONT the person
The above 3 will naturally lead to murder.
CLIMAX WITHOUT GRAMMAR
----------------------
b) This principle of CLIMAX, **by itself** can be used to decide
the meaning of ambiguous phrases(even if nothing else besides
CLIMAX supports the decision)
EXAMPLE: In the above example from Dt19-11 I could have
interpreted RISE UP ON HIM to **either** mean KILL or
CONFRONT. For the verb to RISE UP does mean both.
The only reason I chose CONFRONT vs KILL is that the
principle of CLIMAX requires a CLIMACTIC development.
CLIMAX vs SIMPLE MEANING OF THE TEXT
------------------------------------
c) Note that it is legitimate to hold the position that
"These 3 or 4 phrases all say the **same** thing and this is
common in poetry;but BECAUSE of the principle of CLIMAX I
am justified in assuming that each phrase has a distinct
meaning and that the 3 or 4 phrases build up to a CLIMAX."
EXAMPLE: There is nothing wrong in Dt19-13 in stating that
"The Bible is simply talking about murder and is using
a conversational style. However the principle of CLIMAX
additionally teaches me HOW murders take place."
In general the principle of CLIMAX can be vigorously used
to teach outreach. For each example of CLIMAX, by
teaching us HOW something happens can be reversed and show
us how to stop it.
CLIMAX & RABBI ISHMAEL'S PRINCIPLES
-----------------------------------
d) The principle of climax is associated with the RabbiIshmael
principle of the DETAIL-GENERAL style.
EXAMPLE: The last phrase in Dt19-13 is MURDER,
something GENERAL. The other phrases---HATRED, STALKING,
CONFRONTATION are DETAILS associated with murder.
The RabbiIshmael Rule of DETAIL-GENERAL requires a broad
interpretation of the DETAILS to be consistent with the
GENERAL principle---and this is exactly what the principle
of CLIMAX teaches---that the DETAILS lead up to the GENERAL
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#
VERSE: Dt13-09a
BACKGROUND:
----------
The Bible is speaking about someone who tries to get you to
worship idols. This is a crime punishable by death.The Bible warns
against having mercy on such a person. It lists 5 levels of
mercy
RULE:
----
3 or more similar Biblical phrases **should** be interpreted
climactically as developing towards a goal. This climactic
requirement, in and of itself, justifies determination of
meaning of ambiguous phrases and their reinterpretation.
TEXT: (Talking about a person who asks you to worship idols)
----
Dont acquiesce
Dont listen
Dont pity
Dont care
Dont cover up
So without the principle of climax we would say that the verse
simply emphasizes not to have pity on him. But with the
principle of climax we interpret these 5 similar phrases as
climactically leading up to a description of not having ANY
mercy
EXAMPLES 40-45
APPLICATION OF CLIMAX
---------------------
Dt13-09a "Dont acquiesce"---eg
Dont debate him about idol worship--but bring him to court
Dt13-09b "Dont listen to him"--(when he pleads for mercy)
Dont WARN him---he **does** know what he is doing
Dt13-09c "Dont pity him"--dont avoid a trial
Dt13-09d "Dont care about him"--dont advocate defenses during trial
Dt13-09e "Dont cover up"---dont cover up prosecution arguments
NOTES
-----
Dt13-09a ie Don't think "It is only a verbal crime--I will debate
with him..and when he retracts his sin will be cancelled
Dt13-09b ie Don't argue that "It is only a verbal crime--he had
a bad day and eg I am obligated to help people with
bad days Let me warn him that I will squeal---perhaps
he will retract"
Dt13-09c ie Dont argue that "It is only a verbal crime"--maybe
we should just ignore it; Maybe we should avoid the
trial
Dt13-09d Don't argue in trial that "In other capital cases we
always encourage bias towards defense so let us do
the same here"
Dt13-09e Dont say (after an acquital) that I will keep quiet
about an appeal to reverse and convict him(since in
other capital cases it is prohibited to reverse an
acquital)
FURTHER NOTES
-------------
Rashi hilights that the trial of the person who advocates
idolatry is different then all other capital crimes. In fact
Rashi lists several Biblical verses showing that we normally
do the above things in cases. That is we DO try and talk him
out of the crime; we do listen to his passions and warn him and
if he then retracts we do NOT bring him to trial.
we do try and acquit. We do NOT reverse acquittals even
if there was a court error. Here are the Biblical commandments
that Rashi lists (Also cited by Rambam in Courts Chapter 11)
LOVE THY NEIGHBOR LIKE THYSELF--so eg if someone wanted to kill
someone you would and should try and talk him out of it
HELP YOUR NEIGHBOR UNLOAD HIS ANIMALS
DONT STAND ON THE BLOOD OF THY NEIGHBOR--so you try and
save someone who is about to die or sin
AND THE COURT SHALL SAVE---so in capital cases we always
try and save the accused (Cf Rambam Courts 11)
DONT KILL ACQUITTED PEOPLE (even if the court erroneously
acquitted him).
SUMMARY: Typical of Biblical methodology we infer 5 levels
of mercy from a commandment NOT to have mercy. Here are
the 5 levels of mercy on a proposed wicked act
1) ACQUIESCE-------DEBATE pros and cons of act
2) LISTEN TO HIM---WARN him of consequences
3) MERCY-----------Dont bring to TRIAL (eg "out of court")
4) PITY------------Bias court proceedings towards DEFENSES
5) COVER UP--------If accidentally acquitted dont REVERSE trial
Again as mentioned, except for (3), all these things are done
during a capital-crime trial. (In passing many people are
surprised to learn that Jewish Law is biased towards defense!!
Did you know that
--conviction in a capital case requires a majority of 2 while
acquital in a capital case requires a majority of 1
--law/rabbinic students who advocate defenses are promoted to bench
law/rabbinic students are prohibited from advocating conviction!
--an erroneous court decision of conviction should be reversed
an erroneous court decision of acquittal can NOT be reversed)
COMMENT: Again we emphasize that the words used by the BIble
---acquiesce, listen, mercy, pity cover-up--these words are
all synonyms. However it is the principle of CLIMAX that
requires me to be specific in these 5 words and refer them
to 5 periods of time from crime to execution
-DEBATE-------BEFORE ACT
-WARN---------DURING ACT
-MERCY--------BEFORE COURT (Dont bring to court)
-PITY---------DURING COURT (Advocate defense)
-COVER UP-----AFTER COURT (reverse decision)
RULE USED: CLIMAX
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#