Klalei HaTalmud

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Talmudic Praseology

  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.[1]

Deciding Machloket

The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas.

Tannaim

  1. Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda. [2]

Amoraim

  1. It's usually assumed that Amoraim cannot argue on Tannaim,[3] but some say it's merely an honorary non Halachic distinction.[4]
  2. When Rav and Shmuel debate, the Halacha follows Rav in ritual law (Issur veHetter) and Shmuel in monetary matters.[5]

Further Reading

  1. Halichot Olam
  2. Yad Malachi
  3. Sefer HaKeritut
  4. Shem HaGedolim vol. 2 Seder Tannaim veAmoraim
  5. Ein Yitzchak vol. 1

Sources

  1. ↑ Numerous Rishonim cited in Halichot Olam 3:8, Yad Malachi Klalei HaTalmud 374
  2. ↑ Eruvin 45a
  3. ↑ Kessef Mishneh (Hilchot Mamrim 2:1), Klalei HaGemara on Halichot Olam (2:2:10), Chazon Ish (Kovetz Iggerot vol. 2 Iggeret 24, Orchot Ish page 186)
  4. ↑ Biur HaGra (Choshen Mishpat 25:6), See Tosafot (Ketubot 8a s.v. Rav Tanna Hu uPalig) and Kovetz Shiurim (Bava Batra 633) who says similarly in the name of Reb Chaim Soloveitchik. Rav Hershel Schachter takes this stance, as well. Rav Elchanan Wasserman also engaged the Chazon Ish in correspondence on this issue, after he wrote in Kuntress Divrei Sofrim (Siman 2, see Da'at Sofrim ad loc) that Chatimat HaMishnah and HaTalmud were enabled by the gathering of all the Chachmei HaDor (Kibutz Chachamim), which gave them the status of Beit Din HaGadol. The latter took an opposing view, as it discounted the inherent loftiness of the individual Chachamim and implied there was little different between them and later generations. (Kovetz Iggerot ibid). See also Rav Aryeh Lebowitz's shiur on the topic.
  5. ↑ Menachot 41b
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