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Talmudical hermeneutics (
Hebrew Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
: מידות שהתורה נדרשת בהן) defines the rules and methods for investigation and exact determination of meaning of the
scriptures Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual pra ...
in the Hebrew Bible, within the framework of
Rabbinic Judaism Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonia ...
. This includes, among others, the rules by which the requirements of the
Oral Law An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted. M ...
and the
Halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
are derived from and established by the written law. These rules relate to: * grammar and exegesis * the interpretation of certain words and letters and apparently superfluous and/or missing words or letters, and prefixes and suffixes * the interpretation of those letters which, in certain words, are provided with
points Point or points may refer to: Places * Point, Lewis, a peninsula in the Outer Hebrides, Scotland * Point, Texas, a city in Rains County, Texas, United States * Point, the NE tip and a ferry terminal of Lismore, Inner Hebrides, Scotland * Points ...
* the interpretation of the letters in a word according to their numerical value (see
Gematria Gematria (; he, גמטריא or gimatria , plural or , ''gimatriot'') is the practice of assigning a numerical value to a name, word or phrase according to an alphanumerical cipher. A single word can yield several values depending on the cipher ...
) * the interpretation of a word by dividing it into two or more words (see
Notarikon Notarikon ( he, נוטריקון ''Noṭriqōn'') is a Talmudic and Kabbalistic method of deriving a word, by using each of its initial (Hebrew: ) or final letters () to stand for another, to form a sentence or idea out of the words. Another var ...
) * the interpretation of a word according to its consonantal form or according to its vocalization * the interpretation of a word by transposing its letters or by changing its vowels * the logical deduction of a halakhah from a Scriptural text or from another law


Classes of rules

Compilations of such
hermeneutic Hermeneutics () is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate c ...
rules were made in the earliest times. The
tannaitic ''Tannaim'' ( Amoraic Hebrew: תנאים , singular , ''Tanna'' "repeaters", "teachers") were the rabbinic sages whose views are recorded in the Mishnah, from approximately 10–220 CE. The period of the ''Tannaim'', also referred to as the M ...
tradition recognizes three such collections, namely: # the 7 Rules of Hillel (
baraita ''Baraita'' ( Aramaic: "external" or "outside"; pl. ''Barayata'' or ''Baraitot''; also Baraitha, Beraita; Ashkenazi: Beraisa) designates a tradition in the Jewish oral law not incorporated in the Mishnah. ''Baraita'' thus refers to teachings ...
at the beginning of
Sifra Sifra ( Aramaic: סִפְרָא) is the Halakhic midrash to the Book of Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" ...
;
Avot of Rabbi Natan Avot de-Rabbi Nathan (), usually printed together with the minor tractates of the Talmud, is a Jewish aggadic work probably compiled in the geonic era (c.700–900 CE). Although Avot de-Rabbi Nathan is the first and longest of the " minor tractat ...
37) # the 13 Rules of
Rabbi Ishmael Rabbi Yishmael ben Elisha Nachmani (Hebrew: רבי ישמעאל בן אלישע), often known as Rabbi Yishmael and sometimes given the title "Ba'al HaBaraita" (Hebrew: בעל הברייתא), was a rabbi of the 1st and 2nd centuries (third gener ...
(
Baraita of Rabbi Ishmael The Baraita of Rabbi Ishmael ( he, ברייתא דרבי ישמעאל) is a baraita which explains the 13 rules of Rabbi Ishmael, and their application, by means of illustrations from the Torah. The name is inaccurately given also to the first p ...
at the beginning of Sifra; this collection is merely an amplification of that of Hillel) # the 32 Rules of Rabbi Eliezer ben Jose HaGelili. These last-mentioned rules are contained in an independent baraita (
Baraita on the Thirty-two Rules The Baraita on the Thirty-two Rules or Baraita of R. Eliezer ben Jose ha-Gelili is a baraita giving 32 hermeneutic rules, or ''middot'', for interpreting the Bible. As of when the Jewish Encyclopedia was published in 1901–1906, it was thought to ...
) which has been incorporated and preserved only in later works. They are intended for haggadic interpretation, but many of them are valid for the Halakah as well, coinciding with the rules of Hillel and Ishmael. For list of rules see
List of Talmudic principles The Talmud uses many types of logical arguments. Some of the most common arguments and terms are discussed here. Chazakah (presumption) The term ''chazakah'' ( he, חזקה) usually refers to the default assumption; i.e. what is assumed until th ...
. For exhaustive list and examples from the Talmud, see Hillel Bakis (2013f). It must be borne in mind, however, that neither Hillel, Ishmael, nor Eliezer ben Jose sought to give a complete enumeration of the rules of interpretation current in his day. For some reason they restricted themselves to a compilation of the principal methods of logical deduction, which they called "
middot An interpunct , also known as an interpoint, middle dot, middot and centered dot or centred dot, is a punctuation mark consisting of a vertically centered dot used for interword separation in ancient Latin script. (Word-separating spaces did n ...
" (measures), although the other rules also were known by that term. Those rules are traditionally studied and applied to the
religious texts Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual prac ...
of some
biblical canon A biblical canon is a set of texts (also called "books") which a particular Jewish or Christian religious community regards as part of the Bible. The English word ''canon'' comes from the Greek , meaning " rule" or " measuring stick". The ...
, which were commonly believed to be inspired by God himself, through the words and the actions of human people. Therefore, those rules were related in coordination with the four independent level of biblical reading, as in the acronym Pardes.


Dates of the rules

All the hermeneutic rules scattered through the
Talmudim The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the center ...
and
Midrashim ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''.
he, מִדְרָשׁ; ...
have been collected by
Malbim Meir Leibush ben Yehiel Michel Wisser (March 7, 1809 – September 18, 1879), better known as the Malbim ( he, מלבי"ם), was a rabbi, master of Hebrew grammar, and Bible commentator. The name ''Malbim'' was derived from the Hebrew initials ...
in ''Ayyelet HaShachar,'' the introduction to his commentary on the Sifra, and have been reckoned at 613, to correspond with the 613 commandments. The antiquity of the rules can be determined only by the dates of the authorities who quote them, meaning that they cannot safely be declared older than the tanna to whom they are first ascribed. It is certain, however, that the seven middot of Hillel and the 13 of Rabbi Ishmael are earlier than the time of Hillel himself, who was the first to transmit them. At all events, he did not invent them, but merely collected them as current in his day, though he possibly amplified them. They were not immediately recognized by all as valid and binding. Different schools interpreted and modified them, restricting or expanding them, in various ways. The Talmud itself gives no information concerning the origin of the middot, although the
Geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
regarded them as Sinaitic (הלכה למשה מסיני, "Law given to
Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu ( Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pr ...
at
Mount Sinai Mount Sinai ( he , הר סיני ''Har Sinai''; Aramaic: ܛܘܪܐ ܕܣܝܢܝ ''Ṭūrāʾ Dsyny''), traditionally known as Jabal Musa ( ar, جَبَل مُوسَىٰ, translation: Mount Moses), is a mountain on the Sinai Peninsula of Egypt. It ...
"; comp. Rabbi
Samson of Chinon Samson ben Isaac of Chinon (c. 1260 – c. 1330) (Hebrew: שמשון מקינון) was a French Talmudist who lived at Chinon. In Talmudic literature he is generally called after his native place, Chinon (Hebr. קינון), and sometimes by the ...
in his ''Sefer HaKeritot'').


Rules of Rabbi Akiva and Rabbi Ishmael

Rabbi Akiva Akiva ben Yosef (Mishnaic Hebrew: ''ʿĂqīvāʾ ben Yōsēf''; – 28 September 135 CE), also known as Rabbi Akiva (), was a leading Jewish scholar and sage, a '' tanna'' of the latter part of the first century and the beginning of the second c ...
and
Rabbi Ishmael Rabbi Yishmael ben Elisha Nachmani (Hebrew: רבי ישמעאל בן אלישע), often known as Rabbi Yishmael and sometimes given the title "Ba'al HaBaraita" (Hebrew: בעל הברייתא), was a rabbi of the 1st and 2nd centuries (third gener ...
and their scholars especially contributed to the development or establishment of these rules. Rabbi Akiva devoted his attention particularly to the grammatical and exegetical rules, while Rabbi Ishmael developed the logical. The rules laid down by one school were frequently rejected by another because the principles which guided them in their respective formulations were essentially different.


Superfluity in the text

According to Rabbi Akiva, the divine language of the Torah is distinguished from the speech of men by the fact that in the former no word or sound is superfluous. He established two principles broadening the scope of the rule of his teacher Nahum Ish Gamzu, who had declared that certain particles, like את, גם and או, were inclusive and certain others, such as אך, רק and מן, were exclusive. These two principles are: * אין רבוי אחר רבוי אלא למעט (= "one inclusion added to another is equivalent to an exclusion") * לשונות רבויין הן (= "words are amplifications") Hence he interprets the following forms of expression as amplifications: an infinitive before a finite verb, e.g., הכרת תכרת (
Sanhedrin The Sanhedrin ( Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence ' assembly' or 'council') was an assembly of either 23 or 71 elders (known as " rabbis" after the destruction of the Second Temp ...
64b); the doubling of a word, e.g., איש איש (
Yeb. Yevamot ( he, יבמות, "Brother's Widow", also pronounced Yevamos, or Yavmus) is a tractate of the Talmud that deals with, among other concepts, the laws of Yibbum (, loosely translated in English as levirate marriage), and, briefly, with co ...
71a); and the repetition of a term by a synonym, e.g., ודבר ואמר (Jerusalem Talmud
Soṭah Sotah ( he, סוֹטָה or he, שׂוֹטָה) is a tractate of the Talmud in Rabbinic Judaism. The tractate explains the ordeal of the bitter water, a trial by ordeal of a woman suspected of adultery, which is prescribed by the Book of Number ...
8 22b). Ishmael, on the contrary, lays down the principle "the Torah speaks in the language of men", and thus may have employed superfluous words and sounds; and forced values should not be assigned to them for the purpose of deducing new rules therefrom. The same statement holds with regard to the repetition of an entire section. Ishmael is of the opinion that "the Torah at times repeats a whole section of the
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
in order to give a new application to it". It is unnecessary, therefore, to draw a new inference from every repetition. Thus, for instance, in
Numbers A number is a mathematical object used to count, measure, and label. The original examples are the natural numbers 1, 2, 3, 4, and so forth. Numbers can be represented in language with number words. More universally, individual numbers can ...
5:5-8 the Torah repeats the laws of Leviticus 5:20-26 for the purpose of teaching the new ruling that in certain cases recompense for sin shall be made directly to the priests. Akiva asserts, on the other hand, that "Everything that is said in a section so repeated must be interpreted", and that new deductions may be drawn from it. According to this view, in Numbers 5:5-8 a new meaning must be sought in the repetition of the Law.


Vocalization of words

In cases where the consonantal spelling of a word (in the Hebrew text) differs from the traditional vowelization by which the word is pronounced, Akiva derives laws from the word's pronunciation (יש אם למקרא), while Ishmael derives laws from the written spelling (יש אם למסורת). For example: In Leviticus 21:11, the word נַפְשֹׁת is written without the letter ''vav''. The vowelization indicates that the word should be translated as "bodies", but the unvowelled consonants would normally be translated as "body". Since the vowelization indicates the plural, Akiva concludes that a quarter-log of blood (the minimum quantity by which a priest becomes impure through contact with a single corpse) also defiles him when it issues from two bodies. According to Ishmael, however, this minimum quantity defiles a priest only when it issues from a single corpse (for the word, according to the consonantal text, is to be read in the singular "nafshat").


Juxtaposition of sections

According to Rabbi Akiva, laws may be deduced from the juxtaposition of two legal sections, since "every passage which stands close to another must be explained and interpreted with reference to its neighbor". According to Ishmael, on the contrary, nothing may be inferred from the position of the individual sections, since it is not at all certain that every single portion now stands in its proper place. Many a paragraph which forms, strictly speaking, the beginning of a book and should stand in that position, has been transposed to the middle. Ishmael explains the occurrence of a section in a place where it does not properly belong (ולמה נכתב כאן) by declaring that "there is no first or last in the Scriptures", not as due to any special reason. Eliezer ben Jose expanded this rule in his baraita (
Baraita on the Thirty-two Rules The Baraita on the Thirty-two Rules or Baraita of R. Eliezer ben Jose ha-Gelili is a baraita giving 32 hermeneutic rules, or ''middot'', for interpreting the Bible. As of when the Jewish Encyclopedia was published in 1901–1906, it was thought to ...
) and divided it into two parts (Nos. 31 and 32). Nonetheless, this method is utilized in many instances, for example:
Deuteronomy Deuteronomy ( grc, Δευτερονόμιον, Deuteronómion, second law) is the fifth and last book of the Torah (in Judaism), where it is called (Hebrew: hbo, , Dəḇārīm, hewords Moses.html"_;"title="f_Moses">f_Moseslabel=none)_and_th ...
22:11 forbids the wearing of shaatnez (a specific mixture of
wool Wool is the textile fibre obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have properties similar to animal wool. ...
and
linen Linen () is a textile made from the fibers of the flax plant. Linen is very strong, absorbent, and dries faster than cotton. Because of these properties, linen is comfortable to wear in hot weather and is valued for use in garments. It also ...
), while 22:12 commands the wearing of
tzitzit ''Tzitzit'' ( he, ''ṣīṣīṯ'', ; plural ''ṣīṣiyyōṯ'', Ashkenazi: '; and Samaritan: ') are specially knotted ritual fringes, or tassels, worn in antiquity by Israelites and today by observant Jews and Samaritans. are usual ...
. The juxtaposition of these two verses is used to teach that (in theory) the transgression of shaatnez is not violated when one wears a four-cornered linen garment bearing tzitzit of wool (the blue
tekhelet ''Tekhelet'' ( he, תְּכֵלֶת ''təḵēleṯ''; alternate spellings include ''tekheleth'', ''t'chelet'', ''techelet'' and ''techeiles'') is a "blue-violet", "blue", or "turquoise" dye highly prized by ancient Mediterranean civilizations. I ...
string of tzitzit is only valid when made of wool). Juxtaposition through "exemplification" or משל has recently been described by Talmudist
Daniel Boyarin Daniel Boyarin ( he, דניאל בויארין; born 1946) is a Religion historian, Born in New Jersey, he holds dual United States and Israeli citizenship. He is the Hermann P. and Sophia Taubman Professor of Talmudic Culture in the Departments ...
as the ''sine qua non'' of Talmudic hermeneutics (Boyarin 2003: 93), for "until Solomon invented the '' mashal'', no one could understand Torah at all" (''Song of Songs Rabba''). The phenomenon has been compared to the more recent phenomenon of sampling in modern popular music, especially hip-hop.


Fusion of methodologies

The opposition between the schools of Ishmael and Akiva lessened gradually, and finally vanished altogether, so that the later
tannaim ''Tannaim'' ( Amoraic Hebrew: תנאים , singular , ''Tanna'' "repeaters", "teachers") were the rabbinic sages whose views are recorded in the Mishnah, from approximately 10–220 CE. The period of the ''Tannaim'', also referred to as the Mis ...
apply the axioms of both indiscriminately, although the hermeneutics of Akiva predominated.


Detailed rules


Kal va-chomer (קל וחומר)

The first rule of Hillel and of Rabbi Ishmael is "kal va-chomer" ( he, קל וחומר), called also "din" (conclusion). This is the argument "a minori ad majus" or "a majori ad minus". In the Baraita on the Thirty-two Rules this rule is divided into two (Nos. 5 and 6), since a distinction is made between a course of reasoning carried to its logical conclusion in the
Holy Scriptures Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual pra ...
themselves ("kal va-chomer meforash") and one merely suggested there ("kal va-chomer satum"). The completed argument is illustrated in ten examples given in Genesis Rabbah xcii. The full name of this rule should be "kal va-chomer, chomer ve-kal" (simple and complex, complex and simple), since by it deductions are made from the simple to the complex or vice versa, according to the nature of the conclusion required. The major premise on which the argument is based is called "nadon", or, at a later period, "melammed" (that which teaches); the conclusion resulting from the argument is termed בא מן הדין ("ba min ha-din", that which "comes from the rule") or, later, "lamed" (that which learns). The process of deduction in the kal va-chomer is limited by the rule that the conclusion may contain nothing more than is found in the premise. This is the so-called "dayyo" law, which many teachers, however, ignored. It is formulated thus: דיו לבא מן הדין להיות כנדון ("The conclusion of an argument is satisfied when it is like the major premise"). There is a dispute regarding the thirteen principles: Either the kal va-chomer is unique among the thirteen rules in that it may be applied by anyone in any circumstance in which it logically applies and the remaining twelve rules may only be applied with a tradition of application descending from
Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu ( Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pr ...
(or another authoritative legal board of the era) or all thirteen except a gezerah shava are open to all and only the latter is restricted in its application. For example, one may make the following logical reasoning and support it using the basis of this rule: If, as a given, a parent will punish his or her child should the latter return home with scuffed shoes, surely the parent will punish his or her child should the latter return home with scuffed shoes, ripped pants and a torn shirt. The reasoning is based on pure logic: if the parent is so upset about one item of clothing, surely he or she will be at least that upset about the child's entire ensemble. A somewhat easier construct would be to assert "if a junior varsity basketball player can make a
three-pointer A three-point field goal (also 3-pointer, three, or trey) is a field goal in a basketball game made from beyond the three-point line, a designated arc surrounding the basket. A successful attempt is worth three points, in contrast to the two poi ...
, surely an excellent professional basketball player could make the same three-pointer," but this might be attacked as a poor analogy because not everyone can make every shot. However, one must be careful of falling into the trap of an illogical deduction, as explained above by "dayyo". An example of this would be as follows: If a parent will punish his or her child with a minor punishment should the latter return home with scuffed shoes, surely the parent will punish his or her child with a major punishment should the latter return home with scuffed shoes, ripped pants and a torn shirt. This is an illogical deduction; although it might be a fair speculation, it cannot be proven with logic. All that can be proven is at least the result of the lesser offense. This would be akin to asserting "if a junior varsity basketball player can make a three-pointer, surely an excellent professional basketball player could make a half-court shot." The discovery of a fallacy in the process of deduction is called "teshuvah" (objection), or, in the terminology of the
amoraim ''Amoraim'' (Aramaic: plural or , singular ''Amora'' or ''Amoray''; "those who say" or "those who speak over the people", or "spokesmen") refers to Jewish scholars of the period from about 200 to 500 CE, who "said" or "told over" the teachi ...
, "pirka". The possibility of such an objection is never wholly excluded, hence the deduction of the kal va-chomer has no absolute certainty. The consequences of this are: (a) that the conclusions have, according to many teachers, no real value in criminal procedure, a view expressed in the axiom that the conclusion is insufficient to punish the violator of an inferred prohibition (אין עונשין מן הדין ; Sifre, Num. 1); (b) that very often a passage is interpreted to mean something which may be inferred by means of a kal va-chomer (מילתא דאתיא בק"ו טרח וכתב לה קרא ; Pesahim 18b;
Yoma Yoma (Aramaic: יומא, lit. "The Day") is the fifth tractate of ''Seder Moed'' ("Order of Festivals") of the ''Mishnah'' and of the ''Talmud''. It is concerned mainly with the laws of the Jewish holiday Yom Kippur, on which Jews atone for their ...
43a). An example of a situation in which transgressions are specifically not punished according to kal va-chomer is as follows: Leviticus 18:21 speaks of the prohibition of worshiping
Molech Moloch (; ''Mōleḵ'' or הַמֹּלֶךְ‎ ''hamMōleḵ''; grc, Μόλοχ, la, Moloch; also Molech or Molek) is a name or a term which appears in the Hebrew Bible several times, primarily in the book of Leviticus. The Bible strongly co ...
, a form of worship in which children were passed through fire (presumably until dead). Now, one would assume that if it were prohibited to pass some of one's children through the fire, surely it would be prohibited to pass ''all'' of one's children through the fire –- a kal va-chomer. However, it is derived from the verse's use of the word "ומזרעך", lit. "and from your seed", that this prohibition is only when ''some'' of one's children are sacrificed in this worship; when all of one's children are sacrificed, this is not punishable. This is explained with the reasoning that the intention of the Molech worship is to improve the health and well-being of one's remaining children, whereas complete sacrifice defeats the purported purpose of the service, rendering it unpunishable by lack of intent to perform it properly.


Gezerah shavah (גזירה שוה)

The ''gezerah shavah'' ("Similar laws, similar verdicts") is the second rule of Hillel and of Rabbi Ishmael, and the seventh of Eliezer ben Jose HaGelili. This may be described as argument by
analogy Analogy (from Greek ''analogia'', "proportion", from ''ana-'' "upon, according to" lso "against", "anew"+ ''logos'' "ratio" lso "word, speech, reckoning" is a cognitive process of transferring information or meaning from a particular subject ...
, which infers from the similarity of two cases that the legal decision given for the one holds good for the other also. The term ''gezerah shavah'' originally included arguments based on analogies either in word or in fact. Before long, however, the latter class was designated as ''hekkesh'', while the phrase ''gezerah shavah'' was limited to analogy in the case of two different Biblical laws containing a word common to both. The ''gezerah shavah'' was originally restricted to a δὶς λεγόμενον ('' dis legomenon''), i.e., a word occurring only in the two passages offering the analogy. Since such a word is found nowhere else, there is no reason to assume that it bears different meanings in the two passages. The ''gezerah shavah'' consequently attaches to the word in the one passage the entire sequence of ideas which it bears in the other. Such a ''gezerah shavah'' is purely lexicographical, as seeking to determine the exact signification of a word by comparison with another passage in which the full meaning of such word is clear. The rule thus demonstrates itself. For example: The phrase ("to wring off the head") occurs only twice in the
Pentateuch The Torah (; hbo, ''Tōrā'', "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. In that sense, Torah means the ...
(Leviticus 1:15, 5:8). In 5:8, however, the meaning of the phrase is more closely defined by ("from the neck"). The
Sifra Sifra ( Aramaic: סִפְרָא) is the Halakhic midrash to the Book of Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" ...
concludes, therefore, that the elaboration "from the neck" (in 5:8) is part of the concept of the word , and consequently that מלק means "to wring the head from the neck" in 1:15 also. In order to use this principle, one must first have a prior knowledge or notion about a certain thing (premise), from whence he wishes to apply the same notion or premise to something else that is currently unknown to him. In the
Babylonian Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cent ...
(''
Pesahim Pesachim ( he, פְּסָחִים, lit. "Paschal lambs" or "Passovers"), also spelled Pesahim, is the third tractate of ''Seder Moed'' ("Order of Festivals") of the Mishnah and of the Talmud. The tractate discusses the topics related to the Jewi ...
'' 66a),
Hillel the elder Hillel ( he, הִלֵּל ''Hīllēl''; variously called ''Hillel HaGadol'', ''Hillel HaZaken'', ''Hillel HaBavli'' or ''HaBavli'', was born according to tradition in Babylon c. 110 BCE, died 10 CE in Jerusalem) was a Jewish religious leader, s ...
made use of an argument by analogy when he wanted to show that it was permitted for a man to do labor on the Sabbath day when preparing his Passover offering on the eve of the Jewish holiday. Hillel observed that in two biblical verses appeared the words, "at its appointed time" ( he, במועדו), the one in , for which there is some prior knowledge about its practice, ''viz''. "Command the children of Israel... my aily whole-burntoffering...shall ye observe to offer unto me at its appointed time" (), whereas the other verse, in , states: "Let the children of Israel also keep the Passover at its appointed time" (). Just as the words "at its appointed time" (Num. 28:2), used here in connection with the daily
whole-burnt offering A burnt offering in Judaism ( he, קָרְבַּן עוֹלָה, ''qorban ʿōlā'') is a form of sacrifice first described in the Hebrew Bible. As a tribute to God, a burnt offering was ''entirely'' burnt on the altar. This is in contrast to ot ...
, one is permitted to do labor on the Sabbath day pursuant to its preparation, so, too, the words "at its appointed time" (Num. 9:2), used in connection with the Passover and its requirements for that day (i.e. the Passover offering), one is permitted to do labor on the Sabbath day pursuant to its preparation. Even so, the slaughtering knife used in butchering the animal was carried by the animal in its fleece until it reached the Temple Mount, where it was then slaughtered. At a later period, however, the ''gezerah shavah'' emerged from these narrow bounds and inferred the identity of legal requirements from the identity of their terminology, even when such terminology occurred in many passages besides the two which formed the analogy. Thereby the ''gezerah shavah'' lost its inherent power of demonstration; for it is wholly unreasonable to attribute to a word a meaning which happens to be associated with it in a single passage, when various other passages connect ideas entirely different with the same word. Since, moreover, each individual teacher might choose which two expressions he would select for a ''gezerah shavah'', contradictory conclusions might be drawn, which would each have the same claim to validity, since both were obtained by a ''gezerah shavah''. Consequently, in order to be binding, a ''gezerah shavah'' was obliged to conform to two requirements which, on the one hand, greatly restricted its application, and, on the other, gave legal decisions thus obtained the value of those deduced from a superfluous word in the Holy Scriptures. These conditions are: * "No one may draw a ''gezerah shavah'' upon his own authority".
Rashi Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
(on the various passages) and many expositors who followed him explain this rule as implying that every ''gezerah shavah'' is assumed to have been handed down from
Mount Sinai Mount Sinai ( he , הר סיני ''Har Sinai''; Aramaic: ܛܘܪܐ ܕܣܝܢܝ ''Ṭūrāʾ Dsyny''), traditionally known as Jabal Musa ( ar, جَبَل مُوسَىٰ, translation: Mount Moses), is a mountain on the Sinai Peninsula of Egypt. It ...
. Practically this rule stipulates that the use of this method of hermeneutics is to be permitted only to an entire board or council, and is to be employed only when its results agree with the traditional
halakah ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
, which thereby acquires the importance of a law implied in the
Scriptures Religious texts, including scripture, are texts which various religions consider to be of central importance to their religious tradition. They differ from literature by being a compilation or discussion of beliefs, mythologies, ritual pra ...
. In Yerushalmi this rule reads: אדם דן גזירה שוה לקיים תלמודו ואין אדם דן גזירה שוה לבטל תלמודו ("From a ''gezerah shavah'' conclusions may be deduced which support tradition, but not such as are opposed to tradition"; comp.
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
in the introduction to his ''Mishneh Torah''). * The words of the text which form the basis of the deduction from analogy must be free, i.e., they must be superfluous and non-essential, or they may not be used (מופנה להקיש ולדין הימנו גזירה שוה). This limitation of the ''gezerah shavah'', however, to superfluous words is not generally recognized. Akiva considers the ''gezerah shavah'' valid when neither of the two words is superfluous (אינו מופנה כלל). According to Rabbi Ishmael, it is sufficient if the analogy is free on one side (מופנה מצד אחד), i.e., if one of the two words forming the basis of the analogy is pleonastic. Rabbi Eliezer alone requires both words to be superfluous.מופנה משני צדדים; comp.
David Zvi Hoffmann David Zvi Hoffmann (November 24, 1843, Verbó, Austrian Empire – November 20, 1921, Berlin) (Hebrew: דוד צבי הופמן), was an Orthodox Rabbi and Torah Scholar. He headed the Yeshiva in Berlin, and published research on the Pent ...
, ''Zur Einleitung in die Halachischen Midraschim,'' p. 6


Binyan ab mi-katuv echad (בנין אב מכתוב אחד)

In "binyan ab mi-katub echad" ("A standard from a passage of Scripture") a certain passage serves as a basis for the interpretation of many others, so that the decision given in the case of one is valid for all the rest.


Binyan ab mi-shene ketubim (בנין אב משני כתובים)

By this rule of "binyan ab mi-shene ketubim" ("A standard from two passages of Scripture") a decision in two laws having a characteristic in common (הצד השוה) is applied to many other laws which have this same characteristic. Rabbi Ishmael unites rules 2 and 4 in his third rule, while the same combination forms the eighth rule of Rabbi Eliezer.


Kelal u-perat and perat u-kelal (כלל ופרט ופרט וכלל)

The rules of "Kelal u-perat" and "perat u-kelal" ("General and particular, particular and general") is a limitation of the general by the particular and vice versa. According to Rabbi Ishmael, this principle has eight special applications, and thus includes eight separate rules in his scheme (Nos. 4-11). This method of limitation is one of the main points of difference between Ishmael and Akiva. According to the former, who follows his teacher Rabbi
Nehunya ben HaKanah Nehunya ben HaKanah ( he, נחוניה בן הקנה) was a tanna of the 1st and 2nd centuries. It appears from Bava Batra 10b that Nehunya was a contemporary, but not a pupil, of Johanan ben Zakai. He was the teacher of Ishmael ben Elisha. Nehun ...
, the particular is only an elucidation of the preceding general expression, so that the latter includes only what is contained in the particular (כלל ופרט אין בכלל אלא מה שבפרט). But if still another general follows the particular, the two general expressions are defined by the intermediate particular, so that the law applies only to what is like the particular (כלל ופרט וכלל אי אתה מרבה אלא כעין הפרט). Akiva, on the contrary, applies the rule of increase and decrease (רבוי ומיעוט) which had been taught him by his teacher Nahum of Gimzo. According to this principle, the general followed by a particular subsumes everything which is like the particular (Sanhedrin 45b, 46a). If, however, another general term follows the particular, the former subsumes also what is not similar to the latter. The two general terms are decreased in only one respect by the intermediate particular (רבוי ומיעוט ורבוי ריבה הכל ומאי מיעט דבר אחר ; Shebu. 26a; comp. also
Rashi Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
on Sanhedrin l.c.). The difference between ''kelal u-perat u-kelal'' (כלל ופרט וכלל) and ''ribbui u-miyut u-ribbui'' (רבוי ומיעוט ורבוי) is exemplified in the following example:
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * E ...
25:31 states ועשית מנרת זהב טהור מקשה תיעשה המנורה, "You shall make a '' Menorah'' of pure gold, hammered out shall the ''Menorah'' be made." The repetitive fashion of the statement can be explained by the ''kelal u-perat u-kelal'' or the ''ribbui u-miyut u-ribbui''. Whichever method of deduction is employed, the word ועשית ("You shall make") is an objective generalization, the words מנרת זהב ("pure
gold Gold is a chemical element with the symbol Au (from la, aurum) and atomic number 79. This makes it one of the higher atomic number elements that occur naturally. It is a bright, slightly orange-yellow, dense, soft, malleable, and ductile ...
") are an objective specification and the word תיעשה (shall be made") is again an objective generalization. The rule of ''kelal u-perat u-kelal'' works to teach that anything similar to the specification is deemed appropriate, while the rule of ''ribbui u-miyut u-ribbui'' is more inclusive, allowing everything ''except'' the thing ''most dissimilar'' to the specification. Thus, Rashi's commentary in ''
Rosh Hashanah Rosh HaShanah ( he, רֹאשׁ הַשָּׁנָה, , literally "head of the year") is the Jewish New Year. The biblical name for this holiday is Yom Teruah (, , lit. "day of shouting/blasting") It is the first of the Jewish High Holy Days (, , ...
'' 24b asserts that, according to the former method of learning this verse, the ''Menorah'' could, when necessary, be constructed of any metal (deemed in the same category of and thus similar to gold), whereas use of the latter method of learning would allow the ''Menorah'' to be constructed of anything but
clay Clay is a type of fine-grained natural soil material containing clay minerals (hydrous aluminium phyllosilicates, e.g. kaolin, Al2 Si2 O5( OH)4). Clays develop plasticity when wet, due to a molecular film of water surrounding the clay pa ...
(deemed the material most dissimilar to gold). This argument arose because the ''
gemarah The Gemara (also transliterated Gemarah, or in Yiddish Gemo(r)re; from Aramaic , from the Semitic root ג-מ-ר ''gamar'', to finish or complete) is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah w ...
'' made reference to a wooden ''Menorah'' overlaid with tin that was constructed in the times of the '' Chashmunaim'' and used in the Temple service.


Ka-yotze bo mi-makom acher (כיוצא בו ממקום אחר)

The rule "Ka-yotze bo mi-makom acher" ("Like that in another place") refers to explaining a Biblical passage according to another of similar content.


Davar ha-lamed me-inyano (דבר הלמד מעניינו)

Dabar ha-lamed me-inyano ("Something proved by the context") refers to definition from the context. Rabbi Ishmael omits rule 6 entirely, and has another (No. 13) instead which is not found in Hillel, and which reads thus: שני כתובים המכחישים זה את זה, עד שיבוא הכתוב השלישי ויכריע ביניהם ("If two passages contradict each other, this contradiction must be reconciled by comparison with a third passage"). The method of solution of such opposing statements by the help of a third passage is a point of divergency between Ishmael and Akiva. According to the latter, the third sentence decides in favor of one of the two contradictory statements (Mekhilta, ed. Isaac Hirsch Weiss, 6a); according to the former, it modifies the interpretation of both. With regard to the meaning of words which are pointed in the text, Simeon ben Eleazar laid down the rule that if the pointed part of the word (נקודה) is equal to the unpointed part (כתב) in length, the word must not be interpreted at all; but if one part is longer than the other, such part must be interpreted (
Genesis Rabbah Genesis Rabbah (Hebrew: , ''B'reshith Rabba'') is a religious text from Judaism's classical period, probably written between 300 and 500 CE with some later additions. It is a midrash comprising a collection of ancient rabbinical homiletical inter ...
lxxviii.). Concerning the interpretation of words by a change of letters or vowels the rule is: אל תקרא ("Do not read so, but so"). Under this rule the integrity of the text itself is not assailed, the changes made being only for the purpose of explanation. To support a
halakhic ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comman ...
decision, and more especially to find a point of departure in the
aggadah Aggadah ( he, ''ʾAggāḏā'' or ''Haggāḏā''; Jewish Babylonian Aramaic: אַגָּדְתָא ''ʾAggāḏəṯāʾ''; "tales, fairytale, lore") is the non-legalistic exegesis which appears in the classical rabbinic literature of Judaism ...
, the traditional reading of a word is altered by transposition of its consonants or by substitution of others which are related to them, or the consonant-group is retained with alteration of its vowels, the last method being the most frequent. A halakic example of this form of hermeneutics is the interpretation of the word "kapot" (bough; Leviticus 23:40) as though it were "kaput" (bound; Sifra, ed. Weiss, p. 102d;
Sukkah A or succah (; he, סוכה ; plural, ' or ''sukkos'' or ''sukkoth'', often translated as "booth") is a temporary hut constructed for use during the week-long Jewish festival of Sukkot. It is topped with branches and often well decorated ...
32a). It is noteworthy, moreover, that only the tannaim derived new halakot with the aid of these rules, while the
amoraim ''Amoraim'' (Aramaic: plural or , singular ''Amora'' or ''Amoray''; "those who say" or "those who speak over the people", or "spokesmen") refers to Jewish scholars of the period from about 200 to 500 CE, who "said" or "told over" the teachi ...
employed them only in advancing haggadic explanations or in establishing the old halakhot of the Tannaim. *The ''JE'' cites the following works: **
Saadia Gaon Saʻadiah ben Yosef Gaon ( ar, سعيد بن يوسف الفيومي ''Saʻīd bin Yūsuf al-Fayyūmi''; he, סַעֲדְיָה בֶּן יוֹסֵף אַלְפַיּוּמִי גָּאוֹן ''Saʿăḏyāh ben Yōsēf al-Fayyūmī Gāʾōn''; ...
, Commentary on the thirteen middot of Rabbi Ishmael, published by Schechter in Bet Talmud, iv. 237 et seq., and in the Œuvres Complètes, ix. 73-83; **
Rashi Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
, Commentary on the thirteen rules, in Kobak's Jeschurun, vi., Hebrew part, pp. 38–44, 201-204; **the remaining commentaries on the thirteen rules are enumerated by
Adolf Jellinek Adolf Jellinek ( he, אהרן ילינק ''Aharon Jelinek''; 26 June 1821 in Drslavice, Moravia – 28 December 1893 in Vienna) was an Austrian rabbi and scholar. After filling clerical posts in Leipzig (1845–1856), he became a preacher at t ...
in Kuntres HaKelalim, Nos. 163-175; **
Samson of Chinon Samson ben Isaac of Chinon (c. 1260 – c. 1330) (Hebrew: שמשון מקינון) was a French Talmudist who lived at Chinon. In Talmudic literature he is generally called after his native place, Chinon (Hebr. קינון), and sometimes by the ...
, Sefer Keritut, Warsaw, 1854; ** Malachi Kohen, Yad Mal'aki, Berlin, 1852; ** Aaron ibn Ḥayyim, Middot Aharon; ** Solomon Algazi, Yavin Shemu'ah; ** Jacob Hirsch Jolles, Melo HaRo'im, part ii.; ** Hirsch Chajes, Mebo ha-Talmud, Zolkiev, 1845; **
Malbim Meir Leibush ben Yehiel Michel Wisser (March 7, 1809 – September 18, 1879), better known as the Malbim ( he, מלבי"ם), was a rabbi, master of Hebrew grammar, and Bible commentator. The name ''Malbim'' was derived from the Hebrew initials ...
, Ayyelet HaShaḥar; **
Z. Frankel Zecharias Frankel, also known as Zacharias Frankel (30 September 1801 – 13 February 1875) was a Bohemian-German rabbi and a historian who studied the historical development of Judaism. He was born in Prague and died in Breslau. He was the foun ...
, Hodegetica in Mischnam, pp. 19 and 108-109, Leipsic, 1859; ** I. H. Weiss, Dor, i. 164-168, ii. 105; ** Mordecai Plungian, Sefer Talpiyyot, Wilna, 1849; ** H. S. Hirschfeld, Halachische Exegese, Berlin, 1840; ** D. Boyarin, Sparks of the Logos: Essays in Rabbinic Hermeneutics. Leiden: Brill Academic Publishers, 2003; ** G. Levy, "Rabbinic Philosophy of Language: Not in Heaven" Journal of Jewish Thought and Philosophy 18.2; ** idem, Hagadische Exegese, ib. 1847; ** H. Grätz, ''Hillel und Seine Sieben Interpretationsregeln'', in Monatsschrift, i.; **
Moses Mielziner Moses Mielziner (August 12, 1828 in Schubin, Grand Duchy of Posen, Prussia - February 18, 1903 in Cincinnati) was an American Reform rabbi and author. Life Mielziner received his first instruction in Talmudic literature from his father, Benjamin ...
, ''The Talmudic Syllogism or the Inference of Kal Vechomer'', in Hebrew Review, i., Cincinnati, 1880; ** D. Hoffmann, Zur Einleitung in die Halachischen Midraschim, pp. 4–11, Berlin, 1887; ** idem, Ein Midrasch über die Dreizehn Middot, in Berliner Festschrift, pp. 55–71; ** S. Landau, Ansichten des Talmud und der Geonim über den Werth der Midraschischen Schriftauslegung, Hanover, 1888; ** Dobschütz, Die Einfache Bibelexegese der Tannaim, Halle, 1893; ** A. Schwartz, Die Hermeneutische Analogie, Vienna, 1897; ** idem, Der Hermeneutische Syllogismus, ib. 1901. ** Andrew Schumann, ''Talmudic Logic'': (London: College Publications 2012),


See also

* List of logical arguments in the Talmud * Hillel Bakis (2013f), ''Interpret the Torah. Rabbinical traditions and methods'', (with examples from the Talmud), Chapters 6 to 8 pp. 151–282; French (Hotsaat Bakish, Montpellier.


References

{{Reflist


External links


The 13 Rules of Rabbi Yishmael
- in-depth discussion of each rule Biblical exegesis
Hermeneutics Hermeneutics () is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate ...
Hermeneutics