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Klalei HaTalmud: Difference between revisions
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# 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> | ||
# 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.<ref>see Kiddushin 5b and Bava Kamma 48b</ref>. There are a number of possible means of resolving the difficulty, of varying levels of plausibility. | # 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.<ref>see Kiddushin 5b and Bava Kamma 48b</ref>. There are a number of possible means of resolving the difficulty, of varying levels of plausibility. | ||
## "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.<ref>See Kiddushin 5b. Tosafot Chullin 16a s.v. Amar Ribbi Elazar, Halichot Olam 3:2:14 and Klalei HaGemara ad loc.</ref> | ## "'''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.<ref>See Kiddushin 5b. Tosafot Chullin 16a s.v. Amar Ribbi Elazar, Halichot Olam 3:2:14 and Klalei HaGemara ad loc.</ref> Some say Na'aseh is not applicable when the Seifah begins with "Aval," but many disagree.<ref>Yad Malachi (Klalei HaTalmud 488). See Matnat Yado ad loc.</ref> 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.<ref>Yad Malachi (Klalei HaTalmud 489)</ref> Certainly Na'aseh cannot be applied to teach the opposite of what it says in a different source.<ref>Yad Malachi (Klalei HaTalmud 490). See also Yad Malachi (Klalei HaTalmjud 491)</ref> | ||
## "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.<ref>Halichot Olam 3:2:16. The Yad Malachi (Klalei HaTalmud 630) translates Tavra as "By a Shevuah," meaning "I swear to you that..."</ref> 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..."<ref>Tosafot Bava Kamma 48b s.v. Eimah Seifah, Shitah Mekubetzet Bava Kamma 48b at the end quoting Shitah, Yad Malachi (Klalei HaTalmud 632). See also the Rosh's answer in the Shita ad loc. and Devash LeFi (Taf, 40)</ref> 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.<ref>Yad Malachi (Klalei HaTalmud 630)</ref> 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.<ref>Ramban Yevamot 108b, Yad Malachi (Klalei HaTalmud 631)</ref> 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.<ref>Yavin Shemua ad loc.</ref> | ## "'''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.<ref>Halichot Olam 3:2:16. The Yad Malachi (Klalei HaTalmud 630) translates Tavra as "By a Shevuah," meaning "I swear to you that..."</ref> 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..."<ref>Tosafot Bava Kamma 48b s.v. Eimah Seifah, Shitah Mekubetzet Bava Kamma 48b at the end quoting Shitah, Yad Malachi (Klalei HaTalmud 632). See also the Rosh's answer in the Shita ad loc. and Devash LeFi (Taf, 40)</ref> 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.<ref>Yad Malachi (Klalei HaTalmud 630)</ref> 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.<ref>Ramban Yevamot 108b, Yad Malachi (Klalei HaTalmud 631)</ref> 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.<ref>Yavin Shemua ad loc.</ref> | ||
## "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.<ref>Halichot Olam 3:2:13</ref> Since the first half mentioned the parameter, then we'll mention the inverse, as well.<ref>Halichot Olam 3:2:13</ref> (Bava Kamma 48b).<ref>This may be the strongest argument, as it maintains the singularity of authorship of the Mishnah, which may be a value depending on a Machaloket Amoraim in Beitzah.</ref> | ## "'''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.<ref>Halichot Olam 3:2:13</ref> Since the first half mentioned the parameter, then we'll mention the inverse, as well.<ref>Halichot Olam 3:2:13</ref> (Bava Kamma 48b).<ref>This may be the strongest argument, as it maintains the singularity of authorship of the Mishnah, which may be a value depending on a Machaloket Amoraim in Beitzah.</ref> | ||
== Names and Titles of Tannaim and Amoraim == | == Names and Titles of Tannaim and Amoraim == | ||
