Jewish Hermeneutics
Hermeneutics refers to the knowledge which defines the rules and methods for the investigation and exact determination of the meaning of Scripture. Also known as Talmud Hermeneutics includes also the rules by which the requirements of the oral law are derived from and established by the written law. Rabbi Ishmael of the Amoraic era of Judaism interpreted laws from the Torah through 13 hermeneutic principles, called kal v’chomer. The Amorim were renowned Jewish scholars who said or told over the teachings of the Oral law from about 200 to 500 BCE. These 13 rules were compiled to elucidate the Torah and make halakic deductions from it. It is found in the baraita of Rabbi Ishmael. A baraita is a tradition in the Oral Law that is not incorporated in the Mishnah.
The 13 rules:
Kal v’chomer: Identical with the first rule of Hillel. “Argumentum a minori ad majus” or “a majori ad minus”; corresponding to the scholastic proof a fortiori.
Gezerah shavah: Identical with the second rule of Hillel. Argument from analogy. Biblical passages containing synonyms or homonyms are subject, however much they differ in other respects, to identical definitions and applications.
Binyan av: Rules deduced from a single passage of scripture and rules deduced from two passages. This rule is a combination of the third and fourth rules of Hillel. Application of a provision found in one passage only to passages which are related to the first in content but do not contain the provision in question. Binyan ab mi-shene ketubim: The same as the preceding, except that the provision is generalized from two Biblical passages.
Kelal u’Perat: the general and the particular.
U’Perat u’Kelal: The particular and the general.
Kelal u’Perat u’kelal: The general, the particular, and the general.
The general which requires elucidation by the particular, and the particular which requires elucidation by the general.
The particular implied in the general and excepted from it for pedagogic purposes elucidates the general as well as the particular.
The particular implied in the general and excepted from it on account of the special regulation which corresponds in concept to the general, is thus isolated to decrease rather than to increase the rigidity of its application.
The particular implied in the general and excepted from it on account of some other special regulation which does not correspond in concept to the general, is thus isolated either to decrease or to increase the rigidity of its application.
The particular implied in the general and excepted from it on account of a new and reversed decision can be referred to the general only in case the passage under consideration makes an explicit reference to it.
Deduction from the context.
When two Biblical passages contradict each other the contradiction in question must be solved by reference to a third passage.
Rules seven to eleven are formed by a subdivision of the fifth rule of Hillel Kelal u-Peraṭ and Peraṭ u-kelal: Definition of the general by the particular, and of the particular by the general.; rule twelve corresponds to the seventh rule of Hillel, Dabar ha-lamed me-’inyano: Interpretation deduced from the context, but is amplified in certain particulars; rule thirteen does not occur in Hillel, while, on the other hand, the sixth rule of Hillel is omitted by Ishmael.
The Seven Rules of Hillel
1. Ḳal (ḳol) wa-ḥomer: “Argumentum a minori ad majus” or “a majori ad minus”; corresponding to the scholastic proof a fortiori.
2. Gezerah shawah: Argument from analogy. Biblical passages containing synonyms or homonyms are subject, however much they differ in other respects, to identical definitions and applications.
3. Binyan ab mi-katub eḥad: Application of a provision found in one passage only to passages which are related to the first in content but do not contain the provision in question.
4. Binyan ab mi-shene ketubim: The same as the preceding, except that the provision is generalized from two Biblical passages.
5. Kelal u-Peraṭ and Peraṭ u-kelal: Definition of the general by the particular, and of the particular by the general.
6. Ka-yoẓe bo mi-maḳom aḥer: Similarity in content to another Scriptural passage.
7. Dabar ha-lamed me-’inyano: Interpretation deduced from the context.
