List of Talmudic principles

TheTalmuduses many types oflogical arguments.Some of the most common arguments and terms are discussed here.

Chazakah(presumption)

Main article:Chazakah

The termchazakah(Hebrew:חזקה— literally, "strong" ) usually refers to the default assumption; i.e., what is assumed until there is evidence to the contrary. For example, if one is known to have ownedreal estate,it is assumed that he still owns it until proven otherwise. However, with movable items, thechazakahlies with whoever currently has the item in his possession, not with the one who had previously owned it.

This principle also applies in ritual law. For example: Food known to be kosher maintains its status until there is evidence to the contrary. Also, one who engages in acts done only bykohanimis assumed to be akohenhimself, until proven otherwise (seePresumption of priestly descent).

De'oraitaandderabanan

A law isde'oraita(Aramaic: דאורייתא, "of the Torah," i.e. scriptural) if it was given with the writtenTorah.A law isderabbanan(Aramaic: דרבנן, "of our rabbis," Rabbinic) if it is ordained by the rabbinical sages.The concepts ofde'oraitaandderabbananare used extensively inJewishlaw.

Sometimes it is unclear whether an act isde'oraitaorderabbanan.For example: the Talmud says the prohibition of reciting an unnecessaryberakhah(blessing formulated with God's name) violates the verseThou shalt not take the name of the Lord thy God in vain.Maimonidessees the Talmud as proving ade'oraitaprohibition,whileTosafotconsiders the law to be onlyderabbanan,and sees the Talmud's scriptural reference as only anasmachta(support).

An article by R'Osher Weissmakes further distinctions between various types ofde'oraitaorderabbanancommandments, describing a hierarchy of no less than 18 levels of significance formitzvot.

Examples

Examples of the application of these two terms abound. Examples include:

• Birkat Hamazoncontains four blessings. While the first three are consideredde'oraita,the fourth blessing was added much later on in Jewish history and isderabbanan.
• Regarding the verse "Thou shall not boil a kid in its mother's milk": From this, many laws ofkashrutare derived by the rabbis. One might think this would make itderabbananbecause it was derived by the rabbis, but the laws are actuallyde-'oraitabecause they are derived by interpreting the Torah.However, the extension of this prohibition to eating chicken with milk isderabbanan,as it is the product of a specific rabbinic enactment.

Modern observance

The application of differences between rabbinic and biblicalmitzvotcan sometimes make practical differences.

Sofek(doubt)

In a case where it is uncertain whether a commandment applies: If the commandment isde'oraitaone must follow the stricter of the two possibilities; if the commandment isderabbananone may take the lenient position.

Bediavad(extenuating circumstances)

In cases of extenuating circumstances regarding aderabbanan,decisors of Jewish lawsometimes apply the law leniently.

Kal vachomer(a fortiori)

Main article:Talmudical hermeneutics

Akal vachomer(Hebrew:קל וחומר,literally "lenient and strict" ) derives one law from another through the following logic: If a case that is generally strict has a particular leniency, a case that is generally lenient will certainly have that leniency. The argument can also work in reverse, and also in areas wherelenientorstrictmight not be precisely applicable.

Migo

Amigo(Aramaic: מיגו, literally "out of" or "since" ) is an argument for a defendant that he ought to be believed regarding a certain claim, because he could have made a different claim which would definitely have been believed.

For example, if one party claims (without evidence) that another borrowed money, the latter person could claim that he never borrowed anything, so he is believed if he states that he borrowed and repaid it.

See also

• Mitzvah § Rabbinical mitzvot
• Takkanah
• Talmudical hermeneutics