Questions tagged [talmudic-methodology]
Questions on understanding the structure and terminology of the Gemara
32 questions
-4
votes
1
answer
100
views
Sources for the Noncontradiction principle in Judaism
IMU, the "Law of Noncontradiction" does not apply in religion in general - same rabbis can hold opposing views and contradicting Halochos can coexist (see אֵלּוּ וְאֵלּוּ דִּבְרֵי אֱלֹהִים ...
- 28k
1
vote
2
answers
73
views
Tannaic sources for the need to compile the Mishna
Following "Why-didnt-rebbi-compile-all-existing-pieces-of-the-oral-tradition-into-the-mishna", a common explanation for the compilation of the Mishna is that "Israel was losing track of ...
- 28k
5
votes
2
answers
438
views
Why is Stam Mishna attributed to R' Meir, a fourth-generation Tannah?
It is widely accepted that "Stam (unattributed) Mishna" is Rabbi Meir's (c. 150 CE, Sanhedrin 86a) who was one of five students of Rabbi Akiva (c. 135 CE).
I struggle to understand the ...
- 28k
1
vote
3
answers
55
views
Kal Vchomer logic and halacha
if mes mitzvah is doche avoda and avoda is doche shabbos. Kal vchomer mes mitzvah should forsure be doche shabbos.
If A being mes mitzvah, is greater than B, performing the avoda, logically since A is ...
- 1,972
7
votes
3
answers
795
views
A breakdown of Talmudic Argument Structures
I'm not sure how to describe exactly what I'm looking for, but hopefully I'll do a good enough job that someone will have some suggestions.
While every sugya in the Talmud is a Sugya-specific ...
- 44.8k
1
vote
1
answer
176
views
Tosefta vs Talmud in Halacha
If the tosefta contradicts the Gemara/Talmud (either Jerusalem or Babylonian), which is more authoritative in Halacha?
- 4,532
2
votes
1
answer
98
views
When is a Talmudic statement considerd aggadah?
When is a statement in the Talmud considerd aggadah (and thus not necessarily to be taken litteraly, but rather teaches us a lesson) and when is a statement in the Talmud acctually literal? (i.e that ...
- 207
1
vote
0
answers
33
views
Meaning of voting on Halacha in a random gathering
I previously associated "Halachic voting" with an authoritative and representative assembly of rabbis, until I stumbled over the following passage:
"דְּתַנְיָא: מַעֲשֶׂה בְּרַבִּי ...
- 28k
1
vote
1
answer
83
views
What was the mechanism of publicizing the ruled Halochos in the Talmudic era?
The Talmud teaches us that on numerous occasions various rabbis gathered at a shul or someone's place (usually a penthouse) and ruled/decided certain Halochos (see "נמנו וגמרו").
Was there a ...
- 28k
1
vote
1
answer
225
views
Talmudic Methodology - Books
Are there any books that compare and contrast the various methods of Talmud study?
- 644
2
votes
3
answers
115
views
Can the word "Torah" refer to the Tanakh in general?
Can the word Torah include other books in the Tanakh? If so, are there examples of this in Jewish literature (ancient rabbinical literature, medieval, etc)
- 257
1
vote
1
answer
187
views
Why is Rebbi Meir frequently quoted as "he used to say" in the Talmud?
If one has taken a 'swim' in the Talmud, it would become apparent that Rebbi Meir is often cited as "he used to say". I cannot express with certainty that it is a completely unusual ...
- 730
5
votes
2
answers
321
views
Why is there no tayku in the Jerusalem Talmud?
From one count I have seen there are more than 300 times in the Talmud Bavli where a discussion ends with “תיקו” (let it stand, ie the question remains) yet, to my knowledge there is not a single time ...
- 15.3k
7
votes
3
answers
308
views
English language guide to how Talmudic discussions have been treated by Rishonim and Acheronim
I have a general interest in the Talmud and how it is studied in yeshivot. However, my Aramaic and Hebrew are basic and I cannot read Rashi script. I recently enjoyed a book called The Talmud: A ...
- 165
4
votes
1
answer
113
views
Sefarim on iyun mehalachim?
Are there any sefarim that methodically elaborate a particular Iyun mehalech (method)? For instance, the Brisker Derech by Moshe Wachtfogel provides insight into the brisker mehalech albeit to a terse ...
- 948
1
vote
1
answer
80
views
Differences in Halachic wording - "This isn't X" or "This is not Kosher X"
In Succah 8b I noticed two different wordings regarding a Succah:
א"ר לוי משום ר"מ שתי סוכות של יוצרים זו לפנים מזו -
הפנימית אינה סוכה
R' Levi said in the name of R' Meir: two craftsmen’s ...
- 28k
0
votes
0
answers
39
views
Source for tradition of discussing Halachic dead ends
Many times while discussing a possible interpretation of a Mishnah, the Gemmorah tries to offer "dead-end solutions" - possible ways of explanations that are knowingly false.
NOTE: I don't ask WHY ...
- 28k
0
votes
0
answers
63
views
Is there Biblical reference to the existence of Halachah Lemoshe Misinai?
The definition of the Law(s) of Moses Misnai in WIKI from the Talmudic Encyclopedia (see also here):
A Law given to Moses at Sinai refers to a halakhic law for which there is no biblical reference ...
- 28k
-1
votes
3
answers
179
views
Did anyone make an attempt to rearrange the Talmud by topics?
Given that many Sugiot in the Gemmorah are out of Masechet of their rational placements, and the fact that the Gemmora isn't "sacred" in its structure.
Did anyone make an attempt to rearrange the ...
- 28k
0
votes
3
answers
179
views
Why did Rebbi not compile all existing pieces of the Oral tradition into the Mishnah? [closed]
It is traditionally accepted that the reason for the compilation of the Mishna was the fear of the loss of the Oral tradition due to the process of Yeridas Hadoros (Decline of Generations).
In such a ...
- 28k
1
vote
1
answer
117
views
Does existence of a Machlokes prove the lack of established Halachah?
I'm trying to understand the methodology and the dynamics of the Halachah and when the Gemmorah presents a Machlokes that is resolved generations later I arrive at the conclusions that there was no ...
- 28k
0
votes
0
answers
59
views
Sources for juxtaposing two opposing approaches to Jewish Halachah
Throughout different realms of Halochos I spot two opposing approaches to ruling the practical Halochos - let's call them Absolute and Personal:
The Absolute approach rules/proposes Halochos that ...
- 28k
2
votes
3
answers
176
views
How to differentiate between a "revealed" Halacha and Paskened one?
This question mimics a similar question about mathematics - is it discovered or created.
Our Rabbis ruled a lot of Halochos. Some of them are considered "the revelation of the original Halochos G-...
- 28k
2
votes
1
answer
113
views
Source that Amorayim are not required to know Beraitot/Toseftot
I was told that some Rishonim on Sha"s comment that Amorayim were not required to know Beraitot or Toseftot, they only were required to know the Mishna.
Where's that source?
- 28k
-3
votes
2
answers
146
views
Why does a contradiction need to be resolved?
Human psychological nature allows for intrinsic contradictions between one's beliefs. For example, "I love Daddy the most" vs "I love Mammy the most", or "Shabbos is G-d's greatest gift to the Jews", "...
- 28k
3
votes
1
answer
143
views
Inventing Halachot or revealing (restoring) them?
תנא אלף ושבע מאות קלין וחמורין וגזירות שוות ודקדוקי סופרים נשתכחו בימי אבלו של משה: אמר רבי אבהו אעפ"כ החזירן עתניאל בן קנז מתוך פלפולו
One thousand and seven hundred inferences, and verbal ...
- 28k
11
votes
2
answers
420
views
Rejected hermeneutics doubtfully true
The gemarra often employs the different types of derashos/hermeneutics such as kal vachomer/a fortiori arguments and hekesh/juxtaposition of phrases or terms. Also often, is these derashos are ...
- 20.2k
2
votes
2
answers
208
views
What were the main principles of Hillel and Shammai's schools approach?
Is there a "unified" theory of both schools' approaches that account for the differences in their rulings in all disputes?
Like a set of different principles all their rulings stem from, or their ...
- 28k
1
vote
0
answers
32
views
Can external criteria be considered when setting the Halacha?
וכי מאחר שאלו ואלו דברי אלהים חיים מפני מה זכו בית הלל לקבוע הלכה כמותן? מפני שנוחין ועלובין היו ושונין דבריהן ודברי בית שמאי ולא עוד אלא שמקדימין דברי בית שמאי לדבריהן
The Gemara asks: Since both ...
- 28k
1
vote
1
answer
86
views
How life stories turned into Halachot - Mishnaic examples?
The first Mishna in Brochos states:
מעשה ובאו בניו מבית המשתה אמרו לו לא קרינו את שמע אמר להם אם לא עלה עמוד השחר חייבין אתם לקרות
There was an incident where Rabban Gamliel’s sons returned very late ...
- 28k
2
votes
1
answer
156
views
Why are some Mishnayot formulated positively and some negatively?
I start with an assumption that the formulation of the Mishnah was purposeful and not circumstantial and that Rebbe did put much thought into the right wording.
We know that a Succah must be taller ...
- 28k
-3
votes
1
answer
248
views
What does "knowing the whole Torah" mean?
Many Rabbis from our forefathers to Moses to Tannayim are said to "know the Whole Torah" (כל התורה כולה).
This is very unusual, as in other realms we usually don't say that about other people "he ...
- 28k