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General Principle
Halakhic Principles
Sources
A
The Sages
state
an objection:
But these
repeated verbs
are two generalizations that are adjacent to each other
in the verse, and the details follow both of the generalizations. Consequently, it is not a case of a generalization, a detail, and a generalization, but rather of a generalization, a generalization, and a detail.
Ravina said:
It is
as they say in the West,
Eretz Yisrael:
Any place
in the Torah
where you find two generalizations adjacent to each other, place the detail between them and
then
treat them as a generalization…
Bava Kamma 64b:4
The Gemara asks:
And Rabbi Elazar, who interprets
by the method of
restriction and amplification
that even tendrils and the leaves of a grapevine are included in the prohibition,
from where does he
derive the method of
a detail, a generalization, and a detail?
Rabbi Abbahu says: He derives it from this verse,
which deals with a bailee:
“And if a man deliver to his neighbor a donkey, or an ox, or a sheep,
or any animal to guard, and it dies…the oath of the Lord shall be between them both” (Exodus 22:9)…
Nazir 35a:4-5
Rabbi Yoḥanan said:
It is because
Rabbi Yishmael
was the one
who served
as a disciple of
Rabbi Neḥunya ben HaKana, who would interpret the entire Torah with
the hermeneutical principle of
a generalization and a detail.
Therefore, Rabbi Yishmael
also interprets
the Torah
with
the method of
a generalization and a detail. Rabbi Akiva
was one
who served
as a disciple of
Naḥum of Gam Zo, who would interpret the entire Torah with
the hermeneutical principle of
amplification and restriction…
Shevuot 26a:6
The Gemara explains:
And
it is
in the dispute
between
these
tanna’im
that they disagree,
as it is taught
in a
baraita
(
Tosefta
8:11):
Rabbi Yishmael says: General statements were said at Sinai,
i.e., Moses received general mitzvot at Sinai, including the Ten Commandments.
And
the
details
of the mitzvot were explained to Moses at a later time
in the Tent of Meeting. Rabbi Akiva says:
Both
general statements and
the
details
of mitzvot
were said at Sinai, and
later
repeated in the Tent of Meeting…
Sotah 37b:3
Similarly,
are women obligated in all positive commandments that are not time-bound?
But
there is
the commandment of
Torah study,
the commandment to
be fruitful and multiply,
and the commandment of
redemption of the firstborn,
all of which are
positive commandments that are not time-bound, and
nevertheless,
women are exempt
from them.
Rather, Rabbi Yoḥanan said: One may not learn from general statements, even in a place where it says except,
because it is always possible that there other exceptions to the rule.
Eruvin 27a:6
12) "You shall not take revenge and you shall not bear a grudge against the children of your people": You may take revenge of and bear a grudge against others (idolators). "And you shall love your neighbor as yourself": R. Akiva says: This is an all-embracing principle in the Torah. Ben Azzai says: (Bereshith 5:1) "This is the numeration of the generations of Adam" — This is an even greater principle.
Sifra, Kedoshim, Chapter 4 12
Regarding this,
Rav Shemen,
Shimon,
bar Abba said to Rabbi Yoḥanan: Now, since
the eighteen blessings of the
Amida
prayer and the other prayer formulas for prayer
were instituted for Israel by the members of the Great Assembly
just like all the other
blessings and prayers, sanctifications and
havdalot
; let us see where
in the
Amida
prayer the members of the Great Assembly
instituted
to recite
havdala
.
Berakhot 33a:25
Rav Pappa said to Abaye: And
why do you hold that the phrase: “You shall not eat,” describing the sin-offering that was sacrificed inside the Sanctuary, is not needed for other purposes?
Say
that this expression
comes
in order
to designate a negative
mitzva for this prohibition
itself. As, if
this prohibition were derived only
from
the source quoted by
Rabbi Elazar,
there will be a prohibition to eat the meat of the sin-offering whose blood was brought into the sanctuary…
Pesachim 24a:9
Variantly: R. Yehudah was wont to say: One should acquire words of Torah as (general) principles and "expend" (i.e., "implement" them as particulars, it being written "My
taking
(Torah)
ya'arof
as rain," "
ya'arof
" connoting acquisition. An analogy: One does not say to his neighbor "
P'rot
" ("break") this
sela
(a coin) for me, but "
arof
" (acquire) this
sela
for me. Similarly, one acquires words of Torah as (general) principles and implements them in small drops, like dew, and not in large drops like rain.
Sifrei Devarim 306:20
Consequently, the Gemara suggests a different interpretation. The superfluous phrase “with her” indeed teaches that the obligation of levirate marriage does not override the prohibition with regard to women with whom relations are forbidden. However, this derivation is required not because one might have thought that a positive mitzva supersedes a prohibition that incurs
karet
.
Rather,
this phrase
is necessary
because it could
enter your mind to say: Let this
case of
a brother’s wife,
to whom the mitzva of levirate marriage applies…
Yevamot 7a:8
Halakhic Principles
עקרונות הלכתיים
Darkhei Shalom
Mutual Responsibility of the Jewish People
Ones
Asmakhta
Gematria
Halakha LeMoshe MeSinai
Stringencies
Yesh Em Lemikra
General Principle
Beyond the Letter of the Law
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דפי מקורות
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