The

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

uses many types of logical arguments. Some of the most common arguments and terms are discussed here.

''Chazakah'' (presumption)

The term ''chazakah'' ( — literally, "strong") usually refers to the default assumption; i.e., what is assumed until there is evidence to the contrary. For example, if one is known to have owned real estate, it is assumed that he still owns it until proven otherwise. However, with movable items, the ''chazakah'' lies with whoever currently has the item in his possession, not with the one who had previously owned it. This principle also applies in ritual law. For example: Food known to be kosher maintains its status until there is evidence to the contrary. Also, one who engages in acts done only by '' kohanim'' is assumed to be a ''kohen'' himself, until proven otherwise (see Presumption of priestly descent).

''De'oraita'' and ''derabanan''

A law is ''de'oraita'' (Aramaic: דאורייתא, "of the Torah," i.e. scriptural) if it was given with the written

Torah The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () ...

. A law is ''derabbanan'' (Aramaic: דרבנן, "of our rabbis," Rabbinic) if it is ordained by the rabbinical sages. The concepts of ''de'oraita'' and ''derabbanan'' are used extensively in

Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...

law. Sometimes it is unclear whether an act is ''de'oraita'' or ''derabbanan''. For example: the Talmud says the prohibition of reciting an unnecessary berakhah (blessing formulated with God's name) violates the verse '' Thou shalt not take the name of the Lord thy God in vain''.

Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...

sees the Talmud as proving a ''de'oraita'' prohibition, while

Tosafot The Tosafot, Tosafos or Tosfot () are Middle Ages, medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes. The authors o ...

considers the law to be only ''derabbanan'', and sees the Talmud's scriptural reference as only an asmachta (support). An article by R' Osher Weiss makes further distinctions between various types of ''de'oraita'' or ''derabbanan'' commandments, describing a hierarchy of no less than 18 levels of significance for '' mitzvot''.

Examples

Examples of the application of these two terms abound. Examples include: * '' Birkat Hamazon'' contains four blessings. While the first three are considered ''de'oraita'', the fourth blessing was added much later on in Jewish history and is ''derabbanan''. * Regarding the verse "Thou shall not boil a kid in its mother's milk": From this, many laws of ''kashrut'' are derived by the rabbis. One might think this would make it ''derabbanan'' because it was derived by the rabbis, but the laws are actually ''de-'oraita'' because they are derived by interpreting the Torah. However, the extension of this prohibition to eating chicken with milk is ''derabbanan'', as it is the product of a specific rabbinic enactment.

Modern observance

The application of differences between rabbinic and biblical ''mitzvot'' can sometimes make practical differences. ;''Safek'' (doubt) :In a case where it is uncertain whether a commandment applies: If the commandment is ''de'oraita'' one must follow the stricter of the two possibilities; if the commandment is ''derabbanan'' one may take the lenient position. ;''Bediavad'' (extenuating circumstances) :In cases of extenuating circumstances regarding a ''derabbanan'', decisors of Jewish law sometimes apply the law leniently.

''Kal vachomer'' (''a fortiori'')

A ''kal vachomer'' (, literally "lenient and strict") derives one law from another through the following logic: If a case that is generally strict has a particular leniency, a case that is generally lenient will certainly have that leniency. The argument can also work in reverse, and also in areas where ''lenient'' or ''strict'' might not be precisely applicable.

''Migo''

A ''migo'' (Aramaic: מיגו, literally "out of" or "since") is an argument for a defendant that he ought to be believed regarding a certain claim, because he could have made a different claim which would definitely have been believed. For example, if one party claims (without evidence) that another borrowed money, the latter person could claim that he never borrowed anything, so he is believed if he states that he borrowed and repaid it.Migo
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References

{{DEFAULTSORT:Talmudic principles Aramaic words and phrases Jewish law principles Judaism-related lists