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Klalei HaTalmud: Difference between revisions
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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.<ref>As an aside, Rav Hershel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/852308/rabbi-hershel-schachter/sanhedrin-73-psulei-edus-chiddush-of-edim-zomemim-yedias-hataaroves-tumat-yimei-leidah/ Sanhedrin 5775 #73]) is of the opinion that Klalim are ''postscriptive,'' not prescriptive, meaning the later generations voted on each issue and the results indicated that in certain situations a specific Tanna's position was usually followed. Thus they established the Klal as a Siman, not a Sibah, for deciding a Machaloket, but, of course, there are exceptions. This is just the ''general'' rule. This position is based on the writings of [https://www.yu.edu/riets/about/mission-history/historic-roshei/elazar-meir-preil Rav Elazar Meir Preil] in [http://www.hebrewbooks.org/pdfpager.aspx?req=943&st=&pgnum=354 HaMaor (vol. 1 Shu"t Siman 78:6)]</ref> | 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.<ref>As an aside, Rav Hershel Schachter ([http://www.yutorah.org/lectures/lecture.cfm/852308/rabbi-hershel-schachter/sanhedrin-73-psulei-edus-chiddush-of-edim-zomemim-yedias-hataaroves-tumat-yimei-leidah/ Sanhedrin 5775 #73]) is of the opinion that Klalim are ''postscriptive,'' not prescriptive, meaning the later generations voted on each issue and the results indicated that in certain situations a specific Tanna's position was usually followed. Thus they established the Klal as a Siman, not a Sibah, for deciding a Machaloket, but, of course, there are exceptions. This is just the ''general'' rule. This position is based on the writings of [https://www.yu.edu/riets/about/mission-history/historic-roshei/elazar-meir-preil Rav Elazar Meir Preil] in [http://www.hebrewbooks.org/pdfpager.aspx?req=943&st=&pgnum=354 HaMaor (vol. 1 Shu"t Siman 78:6)]</ref> | ||
== Talmudic | =History of the Talmud= | ||
# According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others content that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref> | |||
== Talmudic Phraseology == | |||
# 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.<ref>Numerous Rishonim cited in Halichot Olam 3:8, Yad Malachi Klalei HaTalmud 374</ref> | # 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.<ref>Numerous Rishonim cited in Halichot Olam 3:8, Yad Malachi Klalei HaTalmud 374</ref> | ||
== Names and Titles of Tannaim and Amoraim == | |||
# 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.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref> | |||
== Deciding Machloket == | == Deciding Machloket == | ||
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# The Halacha follows Rabbi Yehuda HaNassi, colloquially known as "Rebbi," against another Tanna, but not against a group of them.<ref>Eruvin 46b</ref> | # The Halacha follows Rabbi Yehuda HaNassi, colloquially known as "Rebbi," against another Tanna, but not against a group of them.<ref>Eruvin 46b</ref> | ||
# The Rif and Rosh point out that this is not true when Rebbi disagrees with his father, Rabban Shimon ben Gamliel.<ref>Korban Netanel (Klalim 11)</ref> | # The Rif and Rosh point out that this is not true when Rebbi disagrees with his father, Rabban Shimon ben Gamliel.<ref>Korban Netanel (Klalim 11)</ref> | ||
==== Rabbi Shimon ben Elazar ==== | ==== Rabbi Shimon ben Elazar ==== | ||
