The Logic of Kal Va-Chomer: B. Exceptions (Column 736)
With God’s help
Disclaimer: This post was translated from Hebrew using AI (ChatGPT 5 Thinking), so there may be inaccuracies or nuances lost. If something seems unclear, please refer to the Hebrew original or contact us for clarification.
The Logic of Kal Va-Chomer: B. Exceptions
In the previous column I examined the assumption of relevance that hides behind kal va-chomer (a fortiori) arguments. In its light, I explained the logical flaw in an a fortiori pilpul that is based on only two data points. In this column I will look at additional examples in which the Sages themselves perform a kal va-chomer based on two data points.
Exit and Entry
In Parashat Shemini, the Torah discusses the entry of Moses and Aaron into the Tent of Meeting and their exit from it (Leviticus 9:22–23):
“And Aaron lifted up his <hand> hands toward the people and blessed them, and he came down from offering the sin-offering and the burnt-offering and the peace-offerings. And Moses and Aaron went into the Tent of Meeting, and they came out and blessed the people; and the glory of the LORD appeared to all the people.”
Upon exiting they blessed the people, while nothing is stated about blessing upon their entering.
In the Sifra (Shemini, Parasha 1) this serves as the basis to learn that they also had to bless the people upon entering:
“‘And Moses and Aaron came into the Tent of Meeting’—why did Moses and Aaron enter together? To teach Aaron the procedure of the incense. Or perhaps they entered for some other matter? I will reason: Descending (y’ridah) requires a blessing, and entering requires a blessing. Just as the exit (apparently it should read: descent) is of a kind with the service, so too the entry is of a kind with the service. From where do we know that entry requires a blessing? It is logical: If exit—which does not require washing—requires a blessing, then entry—which does require washing—certainly requires a blessing. Or the reverse: If entry—which does not require a blessing—requires washing, then exit—which does require a blessing—certainly requires washing. No! Do not say entry, for there one goes from profane to sacred; but say exit, for there one goes from sacred to profane. The reversal is nullified, and we return to the reasoning: Descending requires a blessing, and entering requires a blessing. Just as the descent is of a kind with the service, so too the entry is of a kind with the service. Therefore, why did Moses enter with Aaron? To teach him the procedure of the incense.”
This argument relies on an additional assumption, namely that entry requires washing. We thus have a table with two data points, just as we saw in the previous column:
State/Action | Washing | Blessing |
Exit | ? | 1 |
Entry | 1 | ? |
Naturally, two possibilities arise for filling the lacunae cells: in the first a fortiori we learn that entry requires a blessing. Immediately thereafter the argument is raised in the opposite direction—that exit requires washing.
As we saw in the previous column, at first glance these two a fortiori arguments contradict each other. In a fortiori #1 we assume as a datum that exit does not require washing; yet the conclusion of a fortiori #2 is that exit does require washing. And conversely: in a fortiori #2 we assume that entry does not require a blessing, while the conclusion of a fortiori #1 is that entry does require a blessing. The conclusion of one undercuts the premise of the other, and vice versa. On the other hand, we saw that even if both cells are filled with “1,” there is no real contradiction, for at most we have two independent generalizations (binyanei av), and the resulting table is indeed consistent.
Ultimately, the Sifra does see a contradiction here and decides between the two opposing possibilities on conceptual grounds: going from profane to sacred (entry) more properly requires washing than going from sacred to profane (exit), and therefore it is clear that entry requires a blessing. Consequently, it is more reasonable to return to the first a fortiori and conclude that entry requires a blessing (and to remain with exit not requiring washing).
Uncertainty vs. Irrelevance
Two empty cells do not always express irrelevance. Sometimes the empty cells result merely from uncertainty, not irrelevance. In the argument about the doorpost and the tassel (tzitzit) discussed in the previous column, it seemed that the problem was irrelevance; however, in our case (exit and entry) the parameters are clearly relevant, and the issue is uncertainty alone. We do not know whether the lacuna the Torah left indicates obligation or exemption. Therefore the Midrash ultimately decides in favor of the first direction: washing is not relevant when going from sacred to profane; hence that cell should clearly be filled with “0.” That is, the Midrash concludes that this cell is not a lacuna (in which case “X” would be appropriate) but should be filled with “0.” Once we assume that exit does not require washing, the case reverts to a regular “middot-based” a fortiori with three data points.
In other words, the Midrash itself takes for granted that relevance exists here. In this it differs from the doorpost case; hence here there arises an initial thought (hava amina) to reverse the a fortiori. For that reason they are unwilling to accept a result of two binyanei av that would fill the entire table with “1,” and in the end they choose only one of the two directions.
This is evident from the very wording of the Midrash. It presents the matter as a doubt about which direction to take and presumes there is a contradiction between the directions. Where the problem is irrelevance, there is no room to formulate both directions (the “reversal”) and to deliberate between them. As we saw previously, in a situation of irrelevance we are not unsure which is correct; we know with certainty that neither is valid.
Can There Be Irrelevance with Three Data Points?
We saw that with only two data points, the natural conclusion is irrelevance. Yet it is possible that there are two data points and still relevance (and then we search for a value to fill another cell). Note that when a third datum is actually found—or when we begin with three data points—it becomes clear that relevance exists. When the upper-right cell is filled with “0,” this indicates an exemption: the rule is relevant to that state, but there is an exemption. Thus, for example, washing upon exit from sacred to profane is certainly relevant; washing makes sense there. But reasoning suggests that there should not be an obligation—since we are descending from sacred to profane and washing is triggered only when ascending to the sacred. The conclusion is therefore an exemption (“0”) rather than irrelevance (“X”).
As we saw, finding the additional information returns us to a regular “middot-based” a fortiori grounded in three data points. In such a case, the variables are generally fully relevant, and the a fortiori can be performed. A case of a three-datum, “middot-based” a fortiori that expresses not lack of knowledge but irrelevance (and thus cannot be performed) is very rare—though in principle possible. For example, if exit were entirely irrelevant to washing while entry were relevant to blessing. In that case, even if the third datum (that entry requires a blessing) were known, one could still not perform an a fortiori to learn that exit does not require washing.
How then can we know whether we are dealing with irrelevance or with lack of information? As stated, only by conceptual reasoning (sevara). Note that as long as we have not determined the nature of the table’s absences (irrelevance or lack of information), we cannot perform an a fortiori. The upshot is that every regular, “middot-based” a fortiori rests on the exegete’s a priori reasoning that relevance exists. This is not a purely technical formalism; it is the product of an a priori conceptual analysis of relevance.
Let us now turn to another example of a two-datum a fortiori.
Another Example of a Two-Datum A Fortiori: Berakhot 21a
There are a few examples in the Talmud of a fortiori derivations based on two data points. One well-known and clear example appears in the Babylonian Talmud, Berakhot 21a. The Gemara states:
“R. Yehuda said: From where is the obligation of Grace after Meals (Birkat Ha-Mazon) from the Torah?—as it is said (Deut. 8): ‘And you shall eat and be satisfied and bless.’ From where is the obligation of the blessing over Torah study before it from the Torah?—as it is said (Deut. 32): ‘For the name of the LORD I will call; ascribe greatness to our God.’”
Up to this point we learn two data points from the Torah: one blesses for food after eating, and one blesses for Torah before learning. The data table is as follows:
Action/State | Before | After |
Food (bread) | ? | 1 |
Torah | 1 | ? |
It is now natural to try to complete the two missing entries via a fortiori. We have seen that relying on two data points is problematic, and even if one proceeds, one should choose a single direction. Yet here the Gemara proposes to learn both missing entries together:
“R. Yohanan said: We learn the blessing after Torah from the blessing after food by a fortiori; and the blessing before food from the blessing before Torah by a fortiori. The blessing after Torah from the blessing after food: if food, which does not require a blessing before, requires a blessing after—then Torah, which requires a blessing before, surely requires a blessing after. And the blessing before food from the blessing before Torah: if Torah, which does not require a blessing after, requires a blessing before—then food, which requires a blessing after, surely requires a blessing before.”
Apparently, the Gemara assumes relevance between the rows and columns despite having only two data points—just like the a fortiori above. Conceptually, there certainly appears to be relevance between blessings before and after, both for Torah and for food.[1] It is sensible to bless both before and after on both Torah and food. This is likely the reason the Gemara attempts a two-datum a fortiori here. However, in this case there is no conceptual reason that would lead us to choose only one direction (unlike the washing/blessing case). Therefore, the Gemara fills both lacunae. We end up with a table full of “1”s:
Action/State | Before | After |
Food (bread) | 1 | 1 |
Torah | 1 | 1 |
Seemingly we received a binyan av table, but the Gemara learned both entries via a fortiori. That is very problematic, for if both are a fortiori arguments, they contradict each other: each assumes the third datum is “0” and concludes that the fourth is “1.” Yet the third datum for the first a fortiori is the fourth for the second, and vice versa.
The Refutation (pircha)
In the end, the Gemara rejects both a fortiori arguments by presenting refutations: a stringency of Torah and a stringency of food:
“There is a refutation: as to food—there is enjoyment; as to Torah—it is eternal life! Moreover, we learned (Mishnah): one blesses after food but does not bless before it! Refuted.”
The resulting table differs from the initial one in two respects: two “refutation” columns are added, and the lacunae are filled with “0” (not “1” as above):
Action/State | Before | After | Enjoyment | Eternal Life |
Food (bread) | 0 | 1 | 1 | 0 |
Torah | 1 | 0 | 0 | 1 |
Why are two columns needed, when only one of them (enjoyment) is actually a refutation?
If one wishes to construct a data table like the first two columns, where the hierarchies are reversed (the columns are independent), then necessarily there will be one parameter with respect to which food is more stringent (controlling the blessing after), and another parameter with respect to which Torah is more stringent (controlling the blessing before).
Thus one can say that the Gemara is not truly adding “refutation columns,” but rather defining the model’s parameters for this table: α—enjoyment (present in food but not in Torah), and β—eternal life (present in Torah but not in food). In other words, the table is 2×2 cells, not 2×4 as I drew above:
Action/State | Before | After |
Food (bread) | 0 | 1 |
Torah | 1 | 0 |
Note that the lacunae here are filled with “0” and not “1.” In place of the columns I deleted, we can now use the two parameters revealed by the Gemara to write the model for the final table:
Food has stringency α (enjoyment).
Torah has stringency β (eternal life). To obligate a blessing before something, it must be associated with eternal life; to obligate a blessing after something, it must involve enjoyment. That is: A blessing after requires α. |
Rashi here, however, presents these refutations as two column-refutations applied to the two a fortiori arguments above:
“There is a refutation—of both. When you seek to learn Torah from food, there is a refutation: as to food—there is enjoyment. And when you seek to learn food from Torah, there is a refutation: as to Torah—it is eternal life.”
That is, two column-refutations are indeed required, because both a fortiori arguments are column-type: one was an a fortiori regarding the blessing before, learning food from Torah; the other, an a fortiori regarding the blessing after, learning Torah from food. We refute the first with “eternal life” and the second with “enjoyment.” Such a situation can occur only when the table contains just two data points and we wish to fill the other two.
The Difficulty
Still, a difficulty remains: how could R. Yohanan adopt a double a fortiori based on two data points, when the two stand in direct contradiction? As we saw, each direction seemingly refutes the other. Note that had the Gemara not raised its two refutations, R. Yohanan’s two arguments would apparently have stood.
In light of this, perhaps we can read the Gemara’s own refutations as indicators: the Gemara indeed intends to reject each of R. Yohanan’s a fortiori arguments by means of the other. The rejection of the first is by virtue of the second, and vice versa. However, a rejection by virtue of some rule must always point to a stringency grounded in conceptual reasoning. For example, the rejection that there is no explicit verse requiring a blessing after Torah indicates that Torah is, in this respect, lighter than food. But then we may ask: why is it lighter? That is what the Gemara explains by saying that Torah is “eternal life”—though its intent is to refute the a fortiori.
The problem is that, if so, it is unclear why the Gemara assumes that both a fortiori arguments are refuted. Seemingly it would suffice to refute one and leave the other intact. Perhaps in this case the Gemara had no way to decide which to retain (“since they are balanced, let both fall”), and because neither is certain we have no basis to establish either of the two novel rulings.
A Proposed Resolution: Rashi’s Remark
Rashi seems to sense this difficulty, and therefore he interprets R. Yohanan’s words in a way slightly different from the plain implication:
“‘Which does not require [a blessing] before it’—that is, we have no explicit verse requiring a blessing before food. ‘Requires [a blessing] after it’—as it is written: ‘And you shall eat and be satisfied and bless.’ ‘Torah which requires [a blessing] before it’—as stated above.”
That is, Rashi attributes food’s “leniency” relative to Torah not to an actual exemption from a blessing before eating, but to the lack of an explicit verse mandating it. According to Rashi’s proposal, the entry “0” we placed in a cell as a working assumption does not indicate legal exemption but the absence of an explicit verse. The assumption is that even if, in practice, food is obligated in a blessing before it, the very fact that there is no explicit verse is itself a leniency.[2]
Rashi’s suggestion indeed eases the difficulty, but it does not fully resolve it. On this reading we have filled both cells with “interpretive 0” but “halakhic 1.” Even if food requires a blessing before and Torah requires a blessing after, those obligations are not explicitly written in the Torah (unlike food-after and Torah-before). Hence they are lighter rulings. But halakhically, in both cases, the obligations stand by virtue of the a fortiori. This yields a further difficulty: suppose we put “interpretive 0” in the “food-before” cell and, via a fortiori, fill the “Torah-after” cell (which had “interpretive 0”) with “halakhic 1.” What now? Torah-after still remains lighter than food-after, since the obligation is not written explicitly. In other words, the hierarchy that Torah is stricter than food does not truly hold; and similarly in the opposite direction for the a fortiori about food-before.
A Reformulation of the Difficulty—For Any A Fortiori
In fact, the difficulty amounts to this: the table that results once both of R. Yohanan’s a fortiori arguments are applied is inconsistent. His table looks like this:
Action/State | Before | After |
Food (bread) | (0,1) | 1 |
Torah | 1 | (0,1) |
Here “(0,1)” indicates the rule exists in principle but only by virtue of a derivation; it is not stated explicitly in the Torah. That is, “0” interpretively (not in the text), but “1” halakhically (by a fortiori).
We can now immediately see that the datum for “food-before” does not support the a fortiori from which “Torah-after” is concluded (at least as framed above): the reason is that, when we seek to learn “blessing after Torah” by a fortiori, we rely on the generalization that Torah is stricter than food; but according to the conclusion, Torah is lighter than food—since, in the end, “after” the obligation to bless is lighter for Torah ((0,1)) than for food (1). Even if the obligation exists, it is not written explicitly; whereas for food-after it is.
Upon further reflection, this problem appears in every a fortiori—even one with three data points. Consider a regular table (Table 1 from the previous column) applied here:
Action/State | Before | After |
Food (bread) | 0 | 1 |
Torah | 1 | ? |
Let us assume for discussion that there truly is no Torah-level obligation to bless before eating (as in fact the halakhah says; blessings of enjoyment are rabbinic). We now perform an a fortiori and learn that there is an obligation to bless after Torah. But again, that obligation is learned via a fortiori and not written explicitly; thus the lacuna cell will not contain “1” but “(0,1).” Therefore, the assumption that Torah is stricter than food, inferred from the left column, does not actually hold regarding “after” blessings (the right column). Recall: “1” is stricter than “(0,1).” The result of the a fortiori does not change this; it actually demonstrates it. After performing the a fortiori, Torah is still not stricter than food; and if so, the a fortiori itself collapses (for the generalization that served as its basis collapses).
Another Proposed Resolution: A Fortiori as a Textual Rule
It seems that to address this we must distinguish two distinct stages in the derivation. When we examine the scriptural data alone, the picture is that the learned rule is stricter than the teaching rule. But according to the conclusion, it turns out to be less strict. Therefore, we must understand a fortiori as a textual rule, not (only) a logical one. When we consider the biblical text alone, the learned rule appears stricter. True, that is not their real halakhic relationship—after the a fortiori the reverse relation also comes into being—but that is the picture reflected in Scripture itself. That textual picture instructs us to derive the learned rule from the teaching rule by means of a fortiori. Once the learned rule is obtained, the true halakhic relationship is revealed (beyond the interpretive-textual one): the teaching rule, explicit in the Torah, is stricter than the learned rule, which arises only by derivation. But it is the relation as reflected in Scripture that governs the a fortiori.
There is no escaping the conclusion that the a fortiori of the middot is a textual device rather than a strictly logical one. Put differently: the “leniency” and “stringency” operative in a fortiori are not the actual halakhic leniencies and stringencies, but those that emerge from the biblical text alone. In other words, the “(0,1)” value in a lacuna cell is not a value between 0 and 1 (like 0.5). It is a pairing of 0 with 1 on two different planes: interpretively it is 0; halakhically it is 1. Cells that express rules stated explicitly in the Torah contain only a single number because there the interpretive and halakhic values coincide. Needless to say, “(1,1)” and “(0,0)” are simply 1 and 0 respectively. Likewise, “(1,0)” is impossible (for what is written in the Torah certainly holds halakhically—aside from pathological cases of a derivation that uproots or overrides a verse).
I will sharpen the picture by means of a diagrammatic description. On this proposal, a fortiori proceeds in two layers: Layer A gathers the relevant biblical data and records them in a table on Transparency A. Layer B performs the a fortiori inference based on those scriptural data. The midrashic inference generates new halakhot. These halakhot emerge from the derivation and are thus not present in Scripture itself; therefore we record them on Transparency B, which overlays the first. The full halakhic picture is the combination of what appears on both transparencies: the scriptural-textual and the midrashic-halakhic. However, refutations of a fortiori or data used by it cannot belong to Transparency B; they belong exclusively to Transparency A.
Answering the Difficulties
This picture answers the two questions raised above:
- The data on Transparency B are halakhically valid, but they are not scriptural. Therefore they cannot be used to refute the hierarchical relations in the table. This is why the result of the a fortiori does not refute the a fortiori itself. The conclusion that Torah requires a blessing after is not a “0.5”-level obligation that would undermine the assumption that Torah is stricter than food; it is a composite “(0,1),” which refutes nothing. In sum: a fortiori is also a tool of scriptural interpretation, not merely a logical inference. For this reason one cannot refute an a fortiori by arguing, “As for what you seek to learn—its halakhah is only derivational.” Such a refutation belongs to Transparency B.
- If we adopt this picture, then the problem with R. Yohanan’s double a fortiori disappears as well. There, too, only the true halakhic relationship would be contradictory, while what governs the a fortiori is the scriptural relationship—not the ultimate halakhic one. Scripturally, ‘Torah-after’ and ‘food-before’ are absent.
Thus, Rashi’s suggestion in Berakhot—to treat the absence as “not explicit in Scripture” rather than as a halakhic leniency—is not unique to a two-datum a fortiori (like R. Yohanan’s). On our approach, in every a fortiori the leniency and stringency are determined by textual appearance (the scriptural plane), not by the final halakhic ruling (the halakhic plane). Rashi’s proposal therefore resolves all the difficulties.
Implications and Sources for This Proposal
According to this, a fortiori is not merely logical reasoning but also a textual-interpretive tool. This can explain why the Torah transmits the a fortiori measure within the broader system of exegetical rules (middot). It is important to note that there are other types of a fortiori, those based on a single datum plus reasoning rather than on three data points (all biblical a fortiori are of this kind—for example: “Behold, the children of Israel have not listened to me; how then shall Pharaoh hear me?”; likewise all “within two hundred is a hundred”-type arguments). The logical reasoning of a fortiori exists in all such inferences. The middot-based a fortiori (the one conveyed with the exegetical rules) is specifically the sort based on three halakhic data points—a textual tool. Therefore, it requires the Torah’s authorization and revelation to legitimize its use. In the former types we rely on their inherent reasoning.
On this approach it is also easy to understand the tannaitic view that we do not perform a fortiori from a law given to Moses at Sinai (halakhah le-Moshe mi-Sinai; see Mishnah Nazir 56b, and this is the halakhic ruling).[3] Since a law of this sort is not written in the Torah, R. Eliezer (in that Mishnah) holds that the a fortiori cannot apply to it, for it is not a general logical rule but a textual-interpretive one whose force pertains only to what is in Scripture. It is likewise explained in several places that one does not refute an a fortiori on the basis of a halakhah le-Moshe mi-Sinai.[4] These principles clearly indicate that the Sages viewed a fortiori as a tool addressing biblical textual interpretation, not necessarily a logical device. This also seems to emerge from the sugya of “learning from what is itself learned,” for if the product of an a fortiori is not part of the biblical text, it makes sense that one should not build an additional a fortiori on its basis (see more in the article Middah Tovah, 2005, Parashat Pekudei), though this is not the place to expand.
There is an interesting source implying that a fortiori is a textual measure rather than a logical one. See the Hiddushei ha-Rashba to Bava Kamma 2b s.v. “aval be-mehubber,” and the explanation in R. Baruch Ber Leibowitz’s Birkat Shmuel, Bava Kamma, §2, and this is not the place to expand. Another source suggesting that a fortiori is not a logical rule appears in the Brisker Haggadah (in the commentary to “Who knows thirteen?”). See my critique there in the article Middah Tovah, 2005, Parashat Bereshit, where I explained the logic of that inference.[5]
A Different Two-Datum A Fortiori: Harlot’s Hire and an Object of Worship (Asherah)
About seven years ago I was asked in a responsum about a sugya in Avodah Zarah 46b. In the course of the discussion I explained to the questioner that this is another two-datum a fortiori:
“Rava said: A fortiori! If a harlot’s hire (etnan), which is permitted when detached for ordinary use, is prohibited when attached for sacred use—since it is written, ‘You shall not bring the hire of a harlot or the price of a dog’—there is no difference whether detached or attached; then an object of worship (ne’evad), which is prohibited when detached for ordinary use, surely is prohibited when attached for sacred use. Rav Huna the son of Rav Yehoshua said to Rava: Or the reverse: If an object of worship, which is prohibited when detached for ordinary use, is permitted when attached for sacred use—as it is said, ‘Their gods are upon the mountains’—and not ‘the mountains are their gods’—there is no difference for ordinary use or sacred use; then a harlot’s hire, which is permitted when detached for ordinary use, surely is permitted when attached for sacred use…”
Here three axes are in play: etnan vs. ne’evad; detached vs. attached; ordinary use (hedyot) vs. sacred use (gavoah). But the last two are really one axis: detached-for-ordinary vs. attached-for-sacred. We have the following table (1 = prohibited; 0 = permitted):
Action/State | Detached for ordinary use | Attached for sacred use |
Harlot’s hire (etnan) | 0 | 1 (?) |
Object of worship (ne’evad) | 1 | 0 (?) |
From the Gemara’s perspective, the entries in the left column are not decisive (the question is whether, when the Torah speaks generally, we make no distinction between detached and attached, or whether we may still be speaking only of detached; hence the question marks). The sugya then offers two opposing a fortiori arguments, seemingly like Berakhot regarding Torah and food. But note that it is not quite the same: the first a fortiori seeks to fill “1” in the “object of worship—attached for sacred use” cell; the second seeks to fill “0” in the “harlot’s hire—attached for sacred use” cell. That is, the two a fortiori arguments address different cells in the right column: the first aims to be stringent regarding the object of worship; the second, to be lenient regarding harlot’s hire.
It is no surprise that the sugya subsequently states:
“He said to him: I argue toward stringency, and you argue toward leniency. Between stringency and leniency—we prefer the stringency…”
This is a comparison between an a fortiori toward stringency and one toward leniency, and is thus not our topic. The rule there is: when we have two possibilities—learning to stringency and learning to leniency—we choose stringency. By contrast, in the cases we saw earlier, both a fortiori arguments lead to stringency: one in the upper-right cell and the other in the lower-left cell. There, the stringency/leniency preference is inapplicable, and thus there is no rule telling us which inference to make. That is the subject of this entire column.
Summary and Conclusion
As I explained in response to Tirgitz in a comment to the previous column, in that earlier piece I concluded that when a table has only two data points, we infer that there is no relevance between the variables and therefore no a fortiori may be made. Accordingly, I rejected the a fortiori obligating a doorframe in tzitzit and a garment in mezuzah. In this column we saw that sometimes relevance does exist even with two data points (as with food and Torah, or blessing and washing).
Therefore the overall conclusion is slightly different: when the table has only two data points, the presumption is non-relevance and an a fortiori may not be made—unless one provides conceptual reasoning (sevara) that relevance exists (as with Torah and food). In such a case, the burden of proof lies on the one who claims relevance. By contrast, in a regular a fortiori based on three data points, the starting point is that there is relevance (since the Torah itself assigns a rule regarding both rows or both columns); there the burden of proof lies on the one who claims non-relevance. See more in my discussion with Tirgitz there.
[1] One could discuss whether, from the mere fact that the Sages instituted a blessing before enjoying food, it follows that the obligation is relevant to the state prior to eating. It could be countered that perhaps on the Torah level it is not relevant at all—but that is unlikely. It is reasonable that the difference between rabbinic and biblical obligations is quantitative rather than qualitative; what is wholly irrelevant biblically would not be instituted by the Sages either. Presumably, the Sages merely lowered the threshold of obligation relative to the Torah.
For a discussion of this from a very different angle, see Daniel Weil, “The Logic of the Sages’ Completions and Greek Logic,” Higayon 1. On the contrast between the Sages’ reasoning and Greek logic (in response to that article), see also M. Avraham’s response, “What Is a ‘Chalut’,” Tzohar 2, and this is not the place to expand.
In any case, since here we are dealing with the biblical plane, later rabbinic enactments are not probative. The question is how the Sages themselves reached their conclusions (that relevance exists). This point arises in every rabbinic enactment, for they always legislate where the Torah was silent; therefore they must ask in each case whether relevance exists and the Torah merely set a higher quantitative bar, or whether the Torah indicates irrelevance—in which case there is no room even for a rabbinic ordinance.
[2] See a similar consideration in R. Elchanan Wasserman’s Kuntres Divrei Soferim, §1 n. 20: what the Torah states explicitly is more stringent than what it merely alludes to by exegetical methods. There are several sources for this among the Rishonim as well, and this is not the place to expand.
[3] See numerous sources collected in Encyclopedia Talmudit, s.v. “Halakhah le-Moshe mi-Sinai,” around notes 191–213.
[4] See Encyclopedia Talmudit there (around notes 203–213).
[5] There I also discuss an a fortiori based on a single assumption; in any case that is a logical a fortiori, not a middot-based one. There the relevant plane is assuredly logic.
It seems to me that there is an example in the Ramban of the irrelevance of the three laws. The Gemara on Kiddushin (4:2) suggests a rule: If a Hebrew mother who is not purchased by marriage is purchased with money, then kiddushin performed by marriage should all the more be performed with money.
Hebrew mother Kiddushin
Biya 0 1
Money 1 ⟸
Finally, the Gemara refutes this, but the Ramban makes it difficult to understand the rule itself:
“It is difficult for me, and it is not because of the word ‘Kula’, but rather that it is not owned by any woman.”
In other words, he makes it difficult to understand that marriage is relevant only to kiddushin and not to a Hebrew mother, since marriage is intended to create property for women, while a Hebrew mother is not purchased for the sake of women, but for the sake of slavery. Therefore, the fact that a Hebrew mother is not purchased in a marriage does not teach that it is more difficult to buy her, since this property is not relevant to her at all. And in fact, the Ramban argues that it could indeed be interpreted this way, but the Gemara nevertheless preferred to say that even if we wanted to study it in a literal sense, it could be interpreted.
It should be noted that the law that a Hebrew mother is not purchased in a marriage does not stem from this very idea that property in a marriage does not belong to her, so that in fact it is a literal sense of two laws, but rather this law is learned from a verse (Kiddushin 9:2): From the verse “When a man takes a wife and her husband” The Gemara emphasizes that kiddushin are performed at the entrance and that a Hebrew mother is not purchased at the entrance, and thus it is found that this is one of three laws, which according to the Ramban at least can be refuted on the grounds of irrelevance.
beautiful
Here there is a direct argument against relevance. This does not substantiate the column's claim that everywhere a direct argument in favor of relevance (or an indication from the three data) is needed.
But this is a beautiful example of the very principle that relevance is required, and even in three data (against your own claim that you refuted this).
Beyond that, it is quite difficult to define when there is an opinion against relevance and when there is simply no opinion in favor of it. Is there a difference between these two? The line is not sharp.
Tirgitz, on second thought it actually seems that you are wrong.
You see here that even in the case of three data, when there is an assumption against relevance, it negates the argument. This means that when there is no such assumption, the mere existence of three data leads to the starting point that there is relevance. Therefore, you are not right. Yes, we see here that the existence of three data assumes relevance until proven otherwise.
Now I only disbelieve in the default that any two things are irrelevant until proven otherwise and hold to the default that they are relevant. With or without three data. An argument against relevance is proposing an explicit and clear model of what is required for kiddushin and what is required for a mother and what is in the beya and not in the keffiyeh, why is it not clear?
Although I also do not understand the explanation of Pirka dala sheikha, but in any case how do you explain it? I do not have the means to search at the moment and therefore I only have the words of the World Ways that bring Baba Kama to learn that a slave is disqualified to testify "I will give evidence, whether lightly or heavily, from a woman and what a woman who is worthy of coming in the congregation is disqualified to testify. A slave who is not worthy of coming in the congregation is not a law that disqualifies him from testifying" and the Porfirs "What if a woman is indeed unworthy of circumcision, let her say of a slave who is worthy of circumcision" and the Tosafot wrote there "A”g dala sheikha in the mila – Pirka is".
Look, for example, at the lintel and the mezuzah. Regardless of our previous argument (both of which are from memory and appear in the book). The feeling is that there is no connection and therefore everyone immediately laughs when they hear this line. This is even before they see that there are only two pieces of data here and that it is possible to make an inverted line. Why are they laughing? Because it is clear to them that there is no relevance. But there is no conceptual explanation for this. Just a feeling that there is no reason to say that there is relevance. Is this a situation where there is an explanation or not? This is an example of why the line is not sharp.
Pirka dala sheikha is truly a puzzling matter. I do not accept it, and prefer to remain in the book. I could even offer an explanation here. There is Pirka koll dehu (on the issue of hulin, keto?) that distinguishes between a building and a line. It is something that is close to weak relevance. But Pirka dala sheikha is something that lacks any relevance, and I do not accept that there is such a thing.
A. In the previous column in note 1, you mentioned that there are cases in which it is possible to learn a kal v hemor from a law that itself is taught in a midrash and is not explicitly written in the Torah. (And here in the paragraph according to our way I did not understand how you rejected it). In the past, it was also mentioned that interpretations are made of things learned in midrash, Yevamot 5:1 What does a monk have to do with a question, and it is known that the rest of the vows are floating in the air, that is, a question about a vow is at most a darsha and yet a kirk is made from it. Therefore, we can only say that in two givens, either it is actually a father's construction (as I remember some wrote, and you argued that the Gemara calls it kal v hemor), or that the two kal v hemors operate in parallel and therefore each is not aware of the other but is aware of all the other products of the darsha. Responsa in the name of Bior 16.
B. The issue of relevance that you raised, seemingly should also apply to the father's construction and not only kal v hemor. That is, even in a parent building, which is essentially one given, relevance is supposed to be required, and according to the explanation you added in this column, an explanation is needed. I think your words amount to the claim that in every parent building, the reason for the law must be identified (an equal side between all the teachers and the teacher). It is not enough to point out that in two subjects the same law exists and transfer it to a third subject, but one must find a side that is equal to the three subjects and claim that it is the reason for the law in both teachers. Is this correct? [This is the explanation of Maharam Shiff and Peni Yehoshua in Ketuvot Lev for the debunking of the serious side, who did not find an equal side between the two teachers].
A. When is it true and when is it not? But the discussion itself hints at the direction I raised. There are sermons that for various reasons are considered to be a decipherment of the plain meaning of the verse (sermons based on Maimonides and others).
B. The main structure is not given one but three (except that all three are 1). Beyond that, even in the Bible, the equivalent side (relevance) is not sought and defined explicitly, but rather is assumed to exist. This is also the case with the main structure. Even in the study of the equivalent side, the equivalent side is not always presented explicitly. Sometimes the equivalent side is halakhic (in both cases there is some halakhic ruling), and not an essential characteristic of the teachers themselves.
A. I didn't understand. They make a parable out of the excess of vows that bloom in the air, and you say that this is a reliable sermon? Even if so, here you are adhering to a method that is not done and contradicts the halakha of Moses from Sinai. And what about something that was taught lightly and lightly and repeatedly teaches in what is not holy? Why do you have to reach such strong arguments and not enough to limit yourself to the small argument that the two teachings operate in parallel and only do not know each other. I remember that you also agreed in the past.
B. Why three? For example (in searching what we found) "And what about vows? The father violates the vows of his house and the husband violates the vows of his wife. Even the virginity of the father violates the virginity of his daughter and the husband violates the virginity of his wife," "What if the wife of a brother marries a woman? Even the sister of a woman marries them." In this too, I understand that you claim that relevance is required that is based on reason (and it does indeed exist). A halakhic equal side in which both have some common halakhic rule that is different from the one you are trying to learn is certainly a respectable equal side (at least as a sign) and I didn't understand why you brought that up.
A. Yes, the permission of vows actually seems to be a very authoritative sermon. After all, it is blooming in the air, so how did they arrive at it? Apparently there was a tradition that vows can be permitted and confirmed on this biblical hint. You are right that the learned man learned this only in the holy places and even there not in every combination of two measures, and there is still a hint here in the direction I suggested. Why there are reservations is a good question and I did not go into it.
B. Even in the ko”h there is an inference that is built on one data, but it is a biblical ko”h. A talmudic ko”h (meditation) is mostly built on three. “All the more so” is usually a talmudic inference that has the character of a biblical ko”h. I argued that only a ko”h built on three data is a midad of sermon. The others are just conjecture. Here I argued that it is the law regarding the construction of an ab. When you make an analogy between two things, this is not a measure of the doctrine in the full sense. Simple logic always does this. That is why I argued that a proportional parent building is built on three data. And indeed, relevance is required there too. Otherwise, with a lintel and a tzitzit, I would make a parent building and require a garment with a mezuzah and a lintel with a tzitzit both.
Regarding the equal side, this is a common law, and I am talking about a common characteristic (the parameters alpha and beta represent characteristics and not laws). I expanded on this in my articles on non-deductive logic.
A. But I asked, you don't even discuss the halakha of Moses from Sinai, so even in a reliable sermon, no.
B. Regarding the equal side, I remember you claiming that a common halakha is an indication of a common causal characteristic, which is why I wrote "at least as a sign", right?
A. I didn't understand. A corroborating sermon is a sermon that corroborates the halacha that came from Sinai. Here we are talking about a plan to create new halacha based on the LBM.
B. Indeed. But there is no conceptualization of the common characteristic here. I explained that this is what the interpretation of the serious side is based on.
A. I'm probably missing something. You say that a question in vows is a halakha from Moses of Sinai. And you say that we don't do Pirchot (and not lightly) from the halakha from Moses of Sinai. But the Gemara does do Pirchot of a question in vows.
B. You explained the serious side of the Pirchot by saying that the Pirchot hides behind the claim that perhaps different halakhic characteristics originate from a common mysterious factual characteristic that does not exist in the learned. But I have proven in the past that this beautiful explanation is incorrect, and if the issue arises again, I can go back and flatten my claims.
A. You assume that blooming in the air means completely devoid of a source. I'm not sure. What I suggested here is that there is a corroborating sermon, that is, a sermon that explains that this is the intention of the text itself, and in any case, the permission to make vows is written. This is certainly true in the opinions of the other tannaim (beyond the Tikvah) in the celebration there. So at least it can be said that when the interpreters explain that the permission to make vows is different in this question from the other methods.
Where did you prove that my explanation of the interpretation of the side of the grave is incorrect?
I wrote about the interpretation of the serious side under column 346 and in another place on the site that I don't remember. I will summarize my arguments. The two hard questions are: A. In Sota 29, a generation later, the interpretation of the serious side is possible, although the study also has its own serious side, although in this there is no basis for the interpreter to think that the common factual characteristic of the two scholars does not exist in the study. B. In Ketubot Lev Sa'a, the interpretation of the serious side is explained by Eliva De'ula, while in BK Fah,a Ulla learns from his heart a similar side with halakhic interpretations and does not interpret the serious side. And there are also "softer" questions there (although in my opinion the soft side is stronger than the hard side).
And in the context of relevance, it is now becoming clear to me that you accept on the serious side the interpretation of Eliva De'ula who defends the hypothesis that there is relevance (a common factual characteristic) between two issues that have different halakhic characteristics. Whereas here you hold a general position (to which even the interpreter of the serious side will be forced to agree) that the default is that there is no relevance. In other words, it turns out that the default of irrelevance is not independent but only serves to repel arguments, and to the same extent that relevance can be assumed in order to repel arguments. Right?
What serious side is there in the study there? That it is invalid in the Holin? According to this, whenever it comes to the ko”ch, it is impossible to say that the serious side is explained, because the ko”ch also has a serious side (regardless of my explanation). I assume that after the ko”ch is rejected, the Gemara assumes that the serious side is irrelevant.
The fact that in some place a serious side is not explained does not prove anything. After all, Ulla does explain it. So regardless of my explanation, you have a problem with him, both in terms of his nature and his nature. Apparently there is a specific reason there that he does not explain a serious side, or these Teri Amorai, according to Deula, or something like that.
Regarding the default in relevance, indeed. A possible hypothesis is enough to reject the conclusion.
This is what I actually argued, that according to your explanation, it is impossible to explain away the serious side of an equal side that started with a slight and a heavy side. This is actually related to your explanation, according to the explanation of Maharam Shiff and Peni Yehoshua in Ketuvot Lev, yes, it is possible to explain away the serious side, they did not find in the explanation a common denominator between the three issues that would be the reason for the judgment. The serious side of the sota there needs to be particularly well-founded, since Rabbi Yochanan ben Zakkai anticipated that another generation would come and explain away this serious side and purify it, and when Rabbi Akiva came and found a verse for the unclean, Rabbi Yehoshua was amazed, "Who will uncover dust from your eyes, Rabbi Yochanan ben Zakkai?"
The question of Ulla is also of course only according to your explanation, because only according to your explanation does the interpretation of the severe side depend on the question of whether the interpretations are halakhic or not, meaning that whoever interprets the severe side in one place causes harm to himself and nullifies all the studies of the equal side in Shas that are built on halakhic interpretations (from what I remember when I tried to check – almost everything I saw was like that), including Ulla's study in Bak Pah before the Gemara replaced it.
A. I don't know what the insider and his associates explained. But as mentioned, a local explanation is always possible (according to what I understand from you here, this is exactly what the insider and the Maharam Shiff did there). My explanation is very logical and necessary in my opinion, and therefore strong evidence is needed to reject it.
B. I don't understand why you don't have a hard time contradicting Ulla. I don't see why he shouldn't explain that he has a local reason there not to expose the serious side. Either way, we have to get to that point.
There is indeed a difference in the starting point. In my opinion, your beautiful explanation is possible in itself, but not "very logical," for two "soft" reasons.
One reason, because in my opinion, even as a single-minded argument, it is very difficult to defend oneself behind the pair of claims: there is a common factual characteristic in both teachings (which gives rise to different halakhic characteristics), and it does not exist in the teaching.
And a second reason, the main empirical basis of the explanation is that in all (four) places that refuted the serious side, not including the side of the altar of the atonement of sin, these are halakhic and unrealistic interpretations. In my opinion, this empirical basis is not sufficient because there are only very few appearances of the serious side interpretation, and on the other hand, from what I was able to check and get the impression, a clear majority of all Shas studies use halakhic interpretations. And in particular, according to this, those who refute the serious side must rob systems in all the not infrequent issues that make an equal side with halakhic interpretations and draw conclusions.
Therefore, my starting point is that even ordinary evidence is sufficient and strong evidence is not needed. And indeed, in addition, in my opinion, the evidence from the deviation is indeed strong and I do not see in your words a recourse to it. Maybe there is a missing characteristic, maybe there is a local explanation here and maybe there is a local explanation there, what method is this. When things come up, we will discuss them.
The explanation of Maharam Shiff (Ketubot 22,2 in the Tadah, which does have them) and Peni Yehoshua is not affected by the question of whether the teaching also has its own serious side. It is also a general explanation like yours, except that it is more limited in nature, and depends on whether an equal side is found between the teachers and the taught, which will be the reason for the judgment. But in your explanation, all the power of the interpreter to suggest that perhaps the missing factual characteristic that exists in both teaching (according to his suggestion that it is the same factual characteristic in both) does not exist in the teaching, is only because the teaching also does not have its own serious side, otherwise it is just adding characteristics without any basis and any teaching in the world can be interpreted in this way. And here we see that the forerch stands by his forerch even when the learner also has a serious side.
In Ulla I do not understand your argument. Only according to your words, whoever forers a serious side in one place does it in every place where the forerchs are halakhic. And here we see that in two places where the forerchs are halakhic, in one he forers a serious side and in one he does not. Which is not so according to the explanation of Maharam Shiff, they forerch a serious side where an equal side is not found between the melamdim and the learner, and therefore apart from checking that in those places where forers a serious side are indeed difficult to find an equal side, it remains only to verify that in all the other places where forers a serious side are found, there is indeed an equal side between the melamdim and the learner. And this argument of his that an equal side must be found, I think that you also accept this, as I understood from your words on the issue of owners treating a slanderer in 346, and so wrote the pleading Yehoshua there. And the MM is not responsible for their explanation.
Regarding the study of the lintel and tzitzit, I offered explanations, what is obligatory for a house with a railing, and what is obligatory for a garment with a shatanez. Therefore, in my opinion, this example is completely invalid. And I assumed that any other example you bring would also likely be an explanation because there is something special about each topic, and if not, then we will indeed learn. And we will not be able to learn at once that a house is obligatory for a tzitzit and is forbidden for a shatanez (and a garment is obligatory for a mezuzah and a railing) because this is not done simultaneously.
As I wrote to you in a parallel thread, look closely and you will see that people immediately laugh when they hear the line to charge a window frame with a tsitzit. It is clear to them that there is no relevance. They do not think about the interpretations or even that there are only two pieces of data here and that it is possible to do an inverse line. This is an intuition of irrelevance.