Classes of Rules.
The science which defines the rules and methods for the investigation and exact determination of the meaning of the Scriptures, both legal and historical. Since the Halakah, however, is regarded simply as an exposition and explanation of the Torah, Talmud hermeneutics includes also the rules by which the requirements of the oral law are derived from and established by the written law. These rules relate to: (a) grammar and exegesis; (b) the interpretation of certain words and letters and superfluous words, prefixes, and suffixes in general; (c) the interpretation of those letters which, in certain words, are provided with points; (d) the interpretation of the letters in a word according to their numerical value (see GEMAṬRIA); (e) the interpretation of a word by dividing it into two or more words (see NOṬARIḲON); (f) the interpretation of a word according to its consonantal form or according to its vocalization; (g) the interpretation of a word by transposing its letters or by changing its vowels; and (h) the logical deduction of a halakah from a Scriptural text or from another law.
Compilations of such hermeneutic rules were made in the earliest times. The tannaitic tradition recognizes three such collections, namely: (1) the seven Rules of Hillel (baraita at the beginning of Sifra; Ab. R. N. ); (2) the thirteen Rules of R. Ishmael (baraita at the beginning of Sifra; this collection is merely an amplification of that of Hillel); and (3) the thirty-two Rules of R. Eliezer b. Jose ha-Gelili. The last-mentioned rules are contained in an independent baraita which has been incorporated and preserved only in later works. They are intended for haggadic interpretation; but many of them are valid for the Halakah as well, coinciding with the rules of Hillel and Ishmael.
It must be borne in mind, however, that neither Hillel, Ishmael, nor Eliezer ben Jose ha-Gelili sought to give a complete enumeration of the rules of interpretation current in his day, but that they omitted from their collections many rules which were then followed. For some reason or other theyrestricted themselves to a compilation of the principal methods of logical deduction, which they called "middot" (measures), although the other rules also were known by that term (comp. Sifre, Num. 2 [ed. Friedmann, p. 2a]).
Dates of the Rules.
All the hermeneutic rules scattered through the Talmudim and Midrashim have been collected by Malbim in "Ayyelet ha-Shaḥar," the introduction to his commentary on the Sifra, and have been arbitrarily reckoned at 613, to correspond with the 613 commandments. The antiquity of the rules can be determined only by the dates of the authorities who quote them; in general, they can not safely be declared older than the tanna to whom they are first ascribed. It is certain, however, that the seven middot of Hillel and the thirteen of Ishmael are earlier than the time of Hillel himself, who was the first to transmit them. At all events, he did not invent them, but merely collected them as current in his day, though he possibly amplified them.
The Talmud itself gives no information concerning the origin of the middot, although the Geonim regarded them as Sinaitic (
The middot seem to have been first laid down as abstract rules by the teachers of Hillel, though they were not immediately recognized by all as valid and binding. Different schools interpreted and modified them, restricted or expanded them, in various ways. Akiba and Ishmael and their scholars especially contributed to the development or establishment of these rules. Akiba devoted his attention particularly to the grammatical and exegetical rules, while Ishmael developed the logical. The rules laid down by one school were frequently rejected by another because the principles which guided them in their respective formulations were essentially different. According to Akiba, the divine language of the Torah is distinguished from the speech of men by the fact that in the former no word or sound is superfluous. He established two principles broadening the scope of the rule of his teacher NAHUM OF GIMZO, who had declared that certain particles, like
Akiba's Rules.
Ishmael, on the contrary, lays down the principle,
Ishmael, in opposition to Akiba, follows the principle
According to Akiba, laws may be deduced from the juxtaposition of two legal sections, since "every passage which stands close to another must be explained and interpreted with reference to its neighbor" (
A more detailed discussion of the seven rules of Hillel and of the thirteen of Ishmael may now be given, together with certain other important canons of Talmud hermeneutics.
1. Ḳal (ḳol) wa-ḥomer:
The first rule of Hillel and of Ishmael, called also "din" (conclusion). This is the argument "a minori ad majus" or "a majori ad minus." In the Baraita of Eliezer b. Jose ha-Gelili this rule is divided into two (Nos. 5 and 6), since a distinction is made between a course of reasoning carried to its logical conclusion in the Holy Scriptures themselves ("ḳal wa-ḥomer meforash") and one merely suggested there ("ḳal wa-ḥomer satum"). The completed argument is illustrated in ten examples given in Gen. R. The full name of this rule should be "ḳal wa-ḥomer, ḥomer we-ḳal" (simple and complex, complex and simple), since by it deductions are made from the simple to the complex or vice versa, according to the nature of the conclusion required. The major premise on which the argument is based is called "nadon," or, at a later period, "melammed" (that which teaches); the conclusion resulting from the argument is termed
2. Gezerah shawah ("Similar laws, similar verdicts"):
The second rule of Hillel and of Ishmael, and the seventh of Eliezer b. Jose ha-Gelili. This may be described as argument by analogy, which infers from the similarity of two cases that the legal decision given for the one holds good for the other also. The term "gezerah shawah" originally included arguments based on analogies either in word or in fact. Before long, however, the latter class was designated as "heḳḳesh," while the phrase "gezerah shawah" was limited to analogy in the case of two different Biblical laws containing a word common to both. The gezerah shawah was originally restricted to a δὶς λερόμευον, e., a word occurring only in the two passages offering the analogy. Since such a word is found nowhere else, there is no reason to assume that it bears different meanings in the two passages. The gezerah shawah consequently attaches to the word in the one passage the entire sequence of ideas which it bears in the other. Such a gezerah shawah is purely lexicographical, as seeking to determine the exact signification of a word by comparison with another passage in which the full meaning of such word is clear. The rule thus demonstrates itself. An example will illustrate this more clearly. The phrase
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