Klalei HaTalmud

Overview

The Talmud is laden with extrapolations of the Torah and controversies between Tannaim and Amoraim. In order to understand the mechanisms at play and the means of deciding a Machaloket, it's incumbent to study the rules. Some are explicit in the Gemara, but their applications can get tricky, especially when competing with other rules and considerations. Over the centuries, various works, such as Mevo HaTalmud, Halichot Olam, and their commentaries were compiled summarizing the rules and weighing them against one another. Often, their discussions consist of a deluge of citations proving or disproving a point by referencing sugyot spanning the entire corpus of Talmudic literature. Though adding all of those citations to this page would be heplful, thanks to the Sefaria plugin, due to the tediousness of the endeavor, as a minimum, we will suffice by quoting the Klalim Sefer at hand and leave it to the reader to do the rest of the groundwork. Most of these Sefarim are readily available and portions of many of them are printed in the back of the standard Masechet Berachot.

History of the Talmud

1. According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others contend that was done already by Beit Shammai and Beit Hillel.

Talmudic Phraseology (Leshonot Hagemara)

1. Sometimes, the Gemara will use the same phrase in different places but refer to totally different concepts, while, other times, it will use different phrases in different places to refer to the same concept.
2. Sometimes, two parts of a Tannaitic statement, such as in a Mishnah or Baraita, will have contradictory implications, i.e. the Reisha will imply that changing a parameter will result in -X, while the Seifah says that the Halacha is -X only with a different parameter, implying that changing the second parameter already results in X, without the first parameter.. There are a number of possible means of resolving the difficulty, of varying levels of plausibility.
   1. "Na'aseh KeMi She..." (נעשה כמי ש...) - The first half if the main point, and the second is just detailing how the middle case is essentially the same as the case two parameter changes away. According to the some, this is only a viable resolution when both parameters and results are functions of the same driving Halacha/logic. Some say Na'aseh is not applicable when the Seifah begins with "Aval," but many disagree. Also, if there are two points made together in the Reishah and then the parallel points are separated in the Seifah, the implications are too vague to apply Na'aseh. Certainly Na'aseh cannot be applied to teach the opposite of what it says in a different source.
   2. "Tavra, Mi Sheshana Zo Lo Shanah Zo" (תברא, מי ששנה זו לא זנה זו) - Break the statement, the one who said this one didn't say the other one. Meaning, it's a Machaloket Tannaim and each half of the statement should be attributed to a different Tanna. Albeit a difficult resolution, this one is better than "Na'aseh..." as it doesn't force us to reinterpret the words of the Tannaim to say something they didn't actually say, so if it or a better answer is available, we will avoid resolving the issue with "Na'aseh..." The Yad Malachi notes how the Gemara is willing to apply this even to two contradictory statements of a Tanna between a Mishnah and a Baraita. Some say the Gemara is willing to do it even if it doesn't know for certain that there is another view, but the Gemara will sometime attempt to ascertain that afterwards. However, some point out that the Gemara will only do that if it can't apply Na'aseh. Meaning, Na'aseh is preferred rather than Tavra when the Gemara doesn't know for sure that there are actually two positions among the Tannaim, unless Na'aseh is not applicable, such as if there's more than one driving factor.
   3. "Kedi Nesavah" (כדי נסבה) Or "Aidi de..." (איידי ד...) - Really, the first half is the main point, but the second one mentions it for nothing, in haste. Since the first half mentioned the parameter, then we'll mention the inverse, as well. (Bava Kamma 48b).

Names and Titles of Tannaim and Amoraim

1. Rabbi Eliezer when mentioned without further detail refers to Rabbi Eliezer ben Hyrcanus.
2. Rabbi Yehoshua when mentioned without further detail refers to Rabbi Yehoshua ben Chananya.
3. Rabbi Yehudah when mentioned without further detail refers to Rabbi Yehudah bar Ilai.
4. "Chasid Echad" ("a certain pious one") refers to either Rabbi Yehuda bar Ilai or Rabbi Yehuda be Bava. However, when the Rambam quotes this rule he only mentions it referring to Rabbi Yehudah bar Ilai.
5. Rabbi Elazar when mentioned without further detail refers to Rabbi Elazar Ben Shamua HaKohein.
6. Rabbi Shimon when mentioned without further detail refers to Rabbi Shimon bar Yochai.
7. Ben Azai, Ben Zoma and Ben Nanas refer to Shimon ben Azai, Shimon ben Zoma and Shimon ben Nanas.
8. Ben Beteira refers to Rabbi Yehoshua Ben Beteira.
9. Ben Bag Bag refers to Rabbi Yochanan Ben Bag Bag.
10. "Acheirim" (others) refers to Rabbi Meir and "Some say" refers to Rabbi Natan. This was a punishment for their attempt to replace Rabbi Shimon Ben Gamliel as Nasi.
11. Rabbi Meir is referred to in many ways. "A disciple of Rabbi Yishmael stated in the presence of Rabbi Akiva." He is also called Rabbi Nehorai (Aramaic equivalent of Meir). His original name was Rabbi Nechamia (though its possible not all agree to this). As mentioned above, he is also referred to as "Acheirim."
12. Yochanan Kohein Gadol refers to Yochanan Ben Matityahu from the time of Chanukah.
13. When Chazal say "It was discussed before the Sages," they are referring to Rabbi Shimon ben Azzai, Rabbi Shimon ben Zoma, Rabbi Shimon ben Nannas Chanan and Chananya of Ono.
14. When the Mishna refers to "Chachamim" sometimes it refers to one of the Rabbis whose name was mentioned earlier; other times it refers to the multitude of Rabbis at a given time. Sometimes the Gemara will say that the view of Chachamim is Rabbi So and So but that means that his opinion was accepted by many Rabbis.
15. Rabbi Yehudah HaNasi is also known as "Rebbi," "Rabbi Yudan HaNassi," and "Rabbeinu," but he is not known as "Rabban," even though he was a Nasi, possibly because he refrained from referring to himself as such in the Mishnayot out of humility.

Deciding Machloket

The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas. Many assume these guidelines apply to every instance in Shas, while a some argue that they only apply to cases that have practical application as a means to allow for confident Halachic observance, whereas the Halacha about debates in topics like Kodashim and Tahorot remain to be determined.

General

1. "Ein Halacha KeShitah" (אין הלכה כשיטה) - In Torah literature, brevity is an oft used tool. As such, when the Gemara lists Tannaim or Amoraim who espose a similar view, it is indicating that they are the minority and their opinion is not accepted. Some say that this is only true when it's formulated as "פלוני ופלוני אמרו דבר אחד" and not "פלוני ופלוני כולהו סבירא להו כך וכך," while others argue the opposite.

Tannaim

Talmidei Rabbi Akiva (R' Meir, R' Yehudah, R' Shimon, and R' Yose)

1. Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda.
2. "רבי יוסי נמוקו עמו" - R' Yose's reasoning is with him, meaning the Halacha follows him when he disagrees with other Tannaim. Many assume this is only when R' Yose is disagreeing with an individual Tanna, not a majority, while others think that's not so obvious. For these purposes, a Stam Mishnah would be considered a majority.

Rabban Shimon ben Gamliel

1. The Rif does not accept the rule of following Rabban Shimon ben Gamliel's positions mentioned in Mishnayot unless it's very logical, but the Rosh does regardless.

Rabbi Yehuda HaNasi

1. The Halacha follows Rabbi Yehuda HaNassi, colloquially known as "Rebbi," against another Tanna, but not against a group of them.
2. The Rif and Rosh point out that this is not true when Rebbi disagrees with his father, Rabban Shimon ben Gamliel.

Rabbi Shimon ben Elazar

1. Yerushalmi that states that the Halacha follows Rabbi Shimon ben Elazar in "Shabbat," "Avodah Zarah," and "Avel," and there are different levels of specificity given when listing them - the general categories, specific sections of those categories, or a particular case in each of them. The Ramban questions why the Geonim would cite this klal when they generally don't follow the rulings of the Yerushalmi and concludes they must have had a tradition regarding the matter (they don't quote the source outright). Yad Malachi points out that the Rif, Rambam, Rosh, and Samag also seem to accept it, while Tosafot and the Baal HaMaor do not.

Amoraim

1. Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.
2. It's usually assumed that Amoraim cannot argue on Tannaim, but some say it's merely an honorary non Halachic distinction. Some say that anybody, an Amora, or anybody else can argue about non-Halachic issues, such as history or the source for a Derasha, with Tannaim.

Rav and Shmuel

1. When Rav and Shmuel debate, the Halacha follows Rav in ritual law (Issur veHetter) and Shmuel in monetary matters (Dinei Mammonot).
2. According to the Rosh, this is true only if the majority of Amoraim don't side with either Rav or Shmuel, in which case, we would just follow the majority, while Tosafot believe it to be true in any case.
3. If Shmuel himself elucidates the Mishnah according to Rav's position in a case of monetary matters, then the Halacha follows Rav even in that case.
4. If a later Amora elucidates Shmuel's opinion in a matter of Issur veHetter, the Rif takes it to mean we pasken like Shmuel, while the Rosh argues that there's no proof. It's normal for later Amoraim to elucidate the words of earlier ones, so it's not a test for whose position is accepted.

Rav and Rabbi Yochanan

1. Rav vs. Rabbi Yochanan, the Halacha follows Rabbi Yochanan.
2. According to the Rif, this rule only applies with Rabbi Yochanan only disputes Rav's position, but if he's disputing both Rav and Shmuel, then the Halacha follows Rav and Shmuel, whereas the Rosh rules that the rule is true in any case.

Rav Yochanan and Other Amoraim

1. Rav Yochanan vs. R' Yose bar Chanina is a Machaloket, the Rosh and many others claim one should follow Rav Yochanan, as he was the latter's rebbe, while the Rambam follows R' Yose bar Chanina, because he was "lan be'umka dedina" (very deeply engrossed in Din).

Rav Acha and Ravina

1. In Kol HaTorah Kullah, whenever the Gemara presents a dispute between Rav Acha and Ravina, it won't match the names to the opinions but rather say "Chad Amar X veChad Amar Y" (one says X and the other says Y). We assume that Ravina is always the identifiable with the lenient view except for three cases discussed in Chullin Perek Gif HaNasheh, where Rav Acha takes the lenient position. In all instances, the Halacha follows the lenient view, unless stated otherwise explicitly.
2. According to some, this rule only applies when only Rav Acha and Ravina are mentioned. If other Amoraim weigh in, this rule is inapplicable, whereas others disagree.
3. In monetary matters, the borrower's benefit is considered the lenient view.
4. Some consider is distasteful to rely on this for prohibitions related to food.

Double Machaloket

1. When Rav Yochanan and Resh Lakish dispute Rami Bar Chammah and Rav Yirmiyah, the Halacha follows the former group.

Maaseh Rav

1. The Rif follows a Stam Mishnah over a Maaseh Rav, while the Rosh argues the Halacha follows a Maaseh Rav over Klalim like Stam Mishnah, R' Yochanan vs. Rav, and Halacha keRabban Shimon Ben Gamliel BeMishnatenu.

Hilcheta KeVatrai

1. The Rambam rules like the later Amora even if the earlier one's are the majority.

Further Reading

1. Mevo HaTalmud attributed to Rav Shmuel HaNaggid with the Kitzur Klalei HaTalmud commentary
2. Halichot Olam with commentaries Klalei HaGemara by Rav Yosef Karo and Yavin Shmua by Rav Shlomo Algazi
3. Kenesset HaGedolah (Klalei HaTalmud)
4. Yad Malachi (Klalei HaTalmud)
5. Sefer HaKeritut
6. Shem HaGedolim vol. 2 Seder Tannaim veAmoraim
7. Mevo HaTalmud by Maharitz Chayus
8. Ein Yitzchak vol. 1, by Rav Yitzchak Yosef