Rabbi Ishmael Example Method:#20 of 36
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# 10 YEAR Ayelet DAILY-RASHI-YOMI CYCLE #
# Aug 29, 2000 #
# Rashis 235-240 Of 7800 (3.0%) #
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REFERENCE:
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Todays unit is extracted from Rashi is SImple volume 7
Number 10. To see the whole issue visit
http://www.RashiYomi.Com/h7n10.htm
THIS MODULE
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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.
Todays posting deals with the 3 prerequisites needed to
establish an ATMOSPHERE OF JUSTICE
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VERSE: Dt19-16a
RASHIS COVERED: Dt19-16a Dt19-16b Dt19-16c
Dt19-16d Dt19-16e Dt19-02a
BACKGROUND: The Bible is discussing JUDICIAL PROCESS.
---------- Several commandments are given to enhance
Judicial process.
RULE: The commandments form a hierarchy showing the 3
---- prerequisites needed to create a societal atmosphere of
Justice. Quite simply one must not "pervert" justice. However
there are 3 places in the Judicial process where Justice can
be perverted
EXAMPLES (of where Justice should not be perverted)
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56) Dt16-19a: Don't change the VERDICT
eg Say an innocent person is guilty
57) Dt16-19b: Don't harass the LITIGANTS
eg Don't smile at one person but not the other
As this makes them unable to articulate their claims
(NOTE: That it is Biblically prohibited to eg smile
at one litigant but not the other--Rambam Courts 21)
58) Dt16-19c: Dont harass YOURSELF
eg After deciding a person is innocent it is still
prohibited to take a bribe that he is innocent
because the bribe might not affect the verdict
but would affect the sentencing *1 *2 *3
59)Dt18-02a: If you have fulfilled these 3 prerequisites--
Avoided perversion of the VERDICT
Avoided perversion of the LITIGANTS
Avoided perversion of YOURSELF
Then you have created an ATMOSPHERE OF JUSTICE
in society which people will respect. *4
NOTES
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*1 EXAMPLE 60
Dt16-19d: It is impossible that the bribe should not affect
the sentencing (Maybe you could have pushed towards
eg a monetary compromise and now that you received
the bribe you wont)
*2 Notice how we have interpreted
"Dont take a bribe"
To mean
"Dont take a bribe EVEN FOR THE CORRECT VERDICT"
We have derived this interpretation from the climactic
development of the paragraph.
An alternative (or complementary Derivation) comes from
the REPEATED BIBLICAL MENTION of the verse 'Dont take Bribes'
This verse is mentioned in Both Ex23-08 and Dt16-19.
Recall that REPETITION is used to emphasize a concept in
all circumstances--thus the first statement of 'Dont take
a bribe' means not to take bribes while the 2nd statement
would mean not to take it even for a correct verdict.
*3 EXAMPLE 61
Dt16-19e: "Dont take Bribes because bribes will blind
the sharp and distort the WORDS OF THE RIGHTEOUS"
RASHI on the phrase "WORDS OF THE RIGHTEOUS" says
'This means 'RIGHTEOUS WORDS'.
But certainly Rashi would not twist a noun (RIGHTEOUS
PEOPLE) into an adjective "RIGHTEOUS WORDS'. Everyone
knows that TZADICK means RIGHTEOUS person not RIGHTEOUS
words.
Similarly Rashi even if he was "bothered" by calling
a Judge who takes bribes as Righteous would not be
justified in changing a noun into a verb
But rather Rashi was commenting on the DOUBLE PARSHAS
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"blind the sharp-people"
"distort the WORDS of Righteous-people"
*a
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Notice the contrast between "BLIND the PEOPLE" vs
DISTORT **WORDS** of the righteous.. This distinction between
PEOPLE and WORDS occurs both here and in Exodus.
So Rashi explains that Bribery not only affects your ability
to see sharp distinctions but also affects your ability to
FORMULATE (WITH "WORDS") decisions you have already reached.
Bribery distorts your capacity to express the judgement in
such a manner that it sounds "fair" to both sides.
*4 Again note the repetition: JUSTICE JUSTICE pursue.
Following Rashi I have explained this as not only
achieving just laws but also achieving a just
atmosphere.
RULE USED: CLIMAX
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