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Q&A: Kal Va-Chomer versus Binyan Av

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Kal Va-Chomer versus Binyan Av

Question

Is there a difference between a kal va-chomer and a binyan av? Because seemingly any kal va-chomer could work as a binyan av, and just as one can refute a binyan av with “what is unique about…” so too one can refute a kal va-chomer.

Answer

I didn’t understand. So what if they’re refuted in a similar way—why does that mean the argument itself is similar?

Discussion on Answer

Rash (2024-10-14)

What I mean is: do we actually need the kal va-chomer argument in the places where it’s used, or is a binyan av really enough? After all, kal va-chomer says that if law x applies to a, then in b, which is a lighter case with respect to the law under discussion, it obviously applies there too. With a binyan av, we see that you don’t need to find a more stringent side in order to say that a law applies elsewhere; it’s enough to say that if a has law x, and b is equivalent to it, then that same law will apply to b.

Michi (2024-10-14)

Obviously it works similarly. But when there is a kal va-chomer it is stronger, because there is a hierarchy. I wrote in the past that kal va-chomer is a kind of binyan av, unlike those who held that it is deduction, such as Adolf Schwartz. See the Talmudic passage in Chullin 115b–116a regarding the differences in even the slightest refutations.

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