thirteen_principles_of_hermeneutics
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- | == Article | + | == Thirteen Principles of Rabbi Yishmael & Their Explanations |
- | === Thirteen Principles of Rabbi Yishmael & Their Explanations | + | |
Sifra B’raita d’Rabbi Yishmael | Sifra B’raita d’Rabbi Yishmael | ||
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* 1) kal vachomer (a fortiori). | * 1) kal vachomer (a fortiori). | ||
* 2) gezeirah shavah (Identity). | * 2) gezeirah shavah (Identity). | ||
- | * 3a) Binyan av vekathuv echad (a general rule implicit in one verse). 3b) binyan av | + | * 3a) Binyan av vekathuv echad (a general rule implicit in one verse). |
- | mi’shnei kethuvim (a general rule derived from two verses). | + | * 3b) binyan av mi’shnei kethuvim (a general rule derived from two verses). |
* 4) kllal u’frat (general-specific). | * 4) kllal u’frat (general-specific). | ||
* 5) prat u’kllal (specific-general). | * 5) prat u’kllal (specific-general). | ||
* 6) kllal u’frat u’kllal (general-specific-general). | * 6) kllal u’frat u’kllal (general-specific-general). | ||
- | * 7) kllal sh’hu tzarikh li’frat u’frat sh’hu tzarikh li’kllal (general requiring specific and | + | * 7) kllal sh’hu tzarikh li’frat u’frat sh’hu tzarikh li’kllal (general requiring specific and specific requiring general). |
- | specific requiring general). | + | * 8) kol davar sh’hayah bi’khllal v’yatza min hakllal lelamed, lo lelamed al atzmo yatza ela lelamed al hakllal kulo yatza. (Anything which was subsumed in a general category, and departed from that category to teach (something) — not in order to teach about itself did it depart, but in order to teach about the entire category did it depart). |
- | * 8) kol davar sh’hayah bi’khllal v’yatza min hakllal lelamed, lo lelamed al atzmo yatza ela | + | * 9) kol davar sh’hayah bi’khllal v’yatza min hakllal lit'on to'an acher sh’hu ke' |
- | lelamed al hakllal kulo yatza. (Anything which was subsumed in a general category, and | + | * 10) kol davar sh’hayah bi’khllal v’yatza min hakllal lit'on to'an acher shelo ke' |
- | departed from that category to teach (something) — not in order to teach about itself did | + | * 11) kol davar sh’hayah bi’khllal v’yatza min hakllal lidon badavar hechadash, ē ata yachol lehachziro li’kllalo ad sheyachzirenu hakathuv lichlallo befeirush. (Anything which was subsumed in a general category, and departed from that category for a new learning, cannot be restored to that category unless Scripture restores it explicitly). |
- | it depart, but in order to teach about the entire category did it depart). | + | * 12a) davar ha-lamed me' |
- | * 9) kol davar sh’hayah bi’khllal v’yatza min hakllal lit'on to'an acher sh’hu ke' | + | * 13) shnei kethuvim hamakchishim zeh eth zeh ad sheyavo hakathuv hashlishi veyachriya beneihem (two verses that contradict each other until a third verse comes and resolves the contradiction). |
- | yatza lehakel v’lo lehachmir. (Anything which was subsumed in a general category, and | + | |
- | departed from that category for a particular requirement thereof, departed for leniency | + | |
- | and not for stringency). | + | |
- | * 10) kol davar sh’hayah bi’khllal v’yatza min hakllal lit'on to'an acher shelo ke' | + | |
- | yatza lehakel ulehachmir. (Anything which was subsumed in a general category, and | + | |
- | departed from that category for a particular requirement foreign to it, departed both for | + | |
- | leniency and for stringency). | + | |
- | * 11) kol davar sh’hayah bi’khllal v’yatza min hakllal lidon badavar hechadash, ē ata | + | |
- | yachol lehachziro li’kllalo ad sheyachzirenu hakathuv lichlallo befeirush. (Anything which | + | |
- | was subsumed in a general category, and departed from that category for a new | + | |
- | learning, cannot be restored to that category unless Scripture restores it explicitly). | + | |
- | * 12a) davar ha-lamed me' | + | |
- | misofo (something learned from its end). | + | |
- | * 13) shnei kethuvim hamakchishim zeh eth zeh ad sheyavo hakathuv hashlishi | + | |
- | veyachriya beneihem (two verses that contradict each other until a third verse comes | + | |
- | and resolves the contradiction). | + | |
- | === Siddur Lev Shalem – Principles of Interpreting Torah – from Sifra 1 | + | == Siddur Lev Shalem – Principles of Interpreting Torah – from Sifra 1 |
Rabbi Ishmael taught that the Torah is expounded by these thirteen rules of textual | Rabbi Ishmael taught that the Torah is expounded by these thirteen rules of textual | ||
interpretation: | interpretation: | ||
- | * A restriction applicable in general circumstances certainly applies to a more limited | + | * A restriction applicable in general circumstances certainly applies to a more limited circumstance. |
- | circumstance. | + | |
* A general rule may be inferred from a similar phrase in two different texts. | * A general rule may be inferred from a similar phrase in two different texts. | ||
* A general rule may be derived from a single text or from two related texts. | * A general rule may be derived from a single text or from two related texts. | ||
- | * A rule stated in general terms, but followed by one or two particular examples, is limited | + | * A rule stated in general terms, but followed by one or two particular examples, is limited to those particular circumstances. |
- | to those particular circumstances. | + | * When a particular circumstance is stated and is then followed by a general rule, the law is expanded to include all that is similar to the particular circumstance. |
- | * When a particular circumstance is stated and is then followed by a general rule, the law | + | * When a general rule is stated, followed by a specific application, |
- | is expanded to include all that is similar to the particular circumstance. | + | * If the specification is needed to clarify an ambiguity in the general rule, then the specification teaches something about the general rule. |
- | * When a general rule is stated, followed by a specific application, | + | * But when a subject naturally included in a general rule is treated separately, it is meant to limit the rule. |
- | rule is restated, the law must be interpreted in terms of the specific limitation. | + | * When the text states a general rule and specifies a penalty and then follows it with a particular instance covered by the general rule but does not state a punishment for it, it is meant to ordain a lesser penalty for the latter circumstance. |
- | * If the specification is needed to clarify an ambiguity in the general rule, then the | + | * However, when a penalty is specified for a violation of the general rule and then is followed by a dissimilar circumstance, |
- | specification teaches something about the general rule. | + | * A circumstance logically falling within a general rule but treated separately in the Torah remains outside the rule, unless the text specifically states that it is part of the general rule. |
- | * But when a subject naturally included in a general rule is treated separately, it is meant | + | |
- | to limit the rule. | + | |
- | * When the text states a general rule and specifies a penalty and then follows it with a | + | |
- | particular instance covered by the general rule but does not state a punishment for it, it | + | |
- | is meant to ordain a lesser penalty for the latter circumstance. | + | |
- | * However, when a penalty is specified for a violation of the general rule and then is | + | |
- | followed by a dissimilar circumstance, | + | |
- | intended. | + | |
- | * A circumstance logically falling within a general rule but treated separately in the Torah | + | |
- | remains outside the rule, unless the text specifically states that it is part of the general | + | |
- | rule. | + | |
* An obscure text may be clarified by its context or by subsequent usage. | * An obscure text may be clarified by its context or by subsequent usage. | ||
* Finally, contradictions between two texts may be reconciled by means of a third text. | * Finally, contradictions between two texts may be reconciled by means of a third text. | ||
- | First Principle – Siddur Lev Shalem | + | === First Principle – Siddur Lev Shalem |
- | A restriction applicable in general circumstances certainly applies to a more limited | + | A restriction applicable in general circumstances certainly applies to a more limited circumstance. |
- | circumstance. | + | |
First Principle – Kal Vachomer – Sifra B’raita d’Rabbi Yishmael | First Principle – Kal Vachomer – Sifra B’raita d’Rabbi Yishmael | ||
- | kal vachomer (a fortiori): (Bamidbar 12:14): "And the L–rd said to Moses: Now if her | + | * kal vachomer (a fortiori): (Bamidbar 12:14): "And the L–rd said to Moses: Now if her (Miriam' |
- | (Miriam' | + | |
- | Kal vachomer, if the Shechinah does so, it should be fourteen days! (see Tosfoth, Bava | + | ==== First Principle Explained – Jewish Virtual Library |
- | Kamma 25a). But it | + | Kal va-ḥomer (more accurately kol va-ḥomer): |
- | suffices that a kal vachomer deduction parallel what it is deduced from; therefore, | + | syllogism. Second, the syllogism inference concerns genus and species: All men are mortal. |
- | (Bamidbar 12:14): "Let her be sequestered seven days outside the camp, and then let her | + | Socrates is a man. Therefore Socrates is mortal. Since Socrates belongs in the class " |
- | be gathered in." | + | class of the " |
- | First Principle Explained – Jewish Virtual Library | + | |
- | Kal va-ḥomer (more accurately kol va-ḥomer): | + | The principle of dayyo ("it is sufficient" |
- | (kal) to the major (ḥomer). The Midrash (Gen. R. 92:7) traces its use to the Bible (cf. Gen. | + | |
- | 44:8; Ex. 6:12; Num. 12:14 – not explicit but see BK 25a; Deut. 31:27; I Sam. 23:3; Jer. 12:5; | + | === Second Principle – Siddur Lev Shalem |
- | Ezek. 15:5; Prov. 11:31; Esth. 9:12). The following two examples may be given: (a) It is | + | |
- | stated in Deuteronomy 21:23 that the corpse of a criminal executed by the court must | + | |
- | not be left on the gallows overnight, which R. Meir takes to mean that God is distressed | + | |
- | by the criminal' | + | |
- | blood of the ungodly, how much more [kal va-ḥomer] at the blood of the righteous!" | + | |
- | (Sanh. 6:5). (b) "If priests, who are not disqualified for service in the Temple by age, are | + | |
- | disqualified by bodily blemishes (Lev. 21:16–21) then Levites, who are disqualified by age | + | |
- | (Num. 8:24–25), should certainly be disqualified by bodily blemishes" | + | |
- | (a), where the " | + | |
- | va-ḥomer. Example (b) might be termed a complex kal va-ḥomer. Here an extraneous | + | |
- | element (disqualification by age) has to be adduced to indicate which is the " | + | |
- | which the " | + | |
- | X, then B certainly has X. COMPLEX: If A, which lacks Y, has X, then B, which has Y, | + | |
- | certainly has X. Schwarz (see bibliography) erroneously identifies the Aristotelean | + | |
- | syllogism with the kal va-ḥomer. First, the element of "how much more" is lacking in the | + | |
- | syllogism. Second, the syllogism inference concerns genus and species: | + | |
- | All men are mortal. | + | |
- | Socrates is a man. | + | |
- | Therefore Socrates is mortal. | + | |
- | Since Socrates belongs in the class " | + | |
- | class. However, in the kal va-ḥomer it is not suggested that the " | + | |
- | class of the " | + | |
- | (Kunst, in Bulletin of the School of Oriental and African Studies, 10 (1942), 976–91). Not | + | |
- | all of the thirteen principles are based on logic as is the kal va-ḥomer. Some are purely | + | |
- | literary tools, while the gezeirah shavah is only valid if received through the | + | |
- | transmission of a rabbinic tradition. | + | |
- | The principle of dayyo ("it is sufficient" | + | |
- | as the premise and not beyond it, is a qualification of the kal va-ḥomer (BK 2:5). It must | + | |
- | not be argued that if A has x, then B has x + y. The kal va-ḥomer suffices only to prove | + | |
- | that B has x, and it is to go beyond the evidence to conclude that it also has y. R. Tarfon | + | |
- | rejects the dayyo principle in certain instances (BK 25a). | + | |
- | Second Principle – Siddur Lev Shalem | + | |
A general rule may be inferred from a similar phrase in two different texts. | A general rule may be inferred from a similar phrase in two different texts. | ||
+ | |||
Second Principle – Gezeirah Shavah – Sifra B’raita d’Rabbi Yishmael | Second Principle – Gezeirah Shavah – Sifra B’raita d’Rabbi Yishmael | ||
- | 2) gezeirah shavah (Identity): It is stated in respect to a shomer sachar (a hired | + | * 2) gezeirah shavah (Identity): It is stated in respect to a shomer sachar (a hired watchman) (Shemot 22:9): "The oath of the L–rd shall be between both, that he (the watcher) did not send his hand against the deposit of his neighbor," |
- | watchman) (Shemot 22:9): "The oath of the L–rd shall be between both, that he (the | + | |
- | watcher) did not send his hand against the deposit of his neighbor," | + | ==== Second Principle Explained – Jewish Virtual Library |
- | shomer chinam (one who watches gratis) (Shemot 22:7): "that he did not send his hand, | + | |
- | etc." Just as in the instance of a shomer sachar, in which it is written "that he did not | + | |
- | send his hand," the heirs (of the watcher) are exempt (from an oath that their father did | + | |
- | not send his hand, etc., it being written: "The oath of the L–rd shall be between both" | + | |
- | [the owner and the watcher — and not between the heirs]), so, in the instance of a | + | |
- | shomer chinam, where it is written "that he did not send his hand," the heirs are exempt. | + | |
- | Second Principle Explained – Jewish Virtual Library | + | |
(2) Gezeirah shavah: comparison of similar expressions. It is probable that | (2) Gezeirah shavah: comparison of similar expressions. It is probable that | ||
etymologically the word gezeirah means " | etymologically the word gezeirah means " |
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