Ishmael B Elisa

law, special, subject, term, sheep, comp and expression

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2. The Comparison of Wora's or Ideas (ni4n a similar expression occurs in the Bible in connection with two subjects, the same law is under certain circumstances applied to both. Three distinctions must be observed in the appli cation of this exegetical law :-1. Either the ex; pression is superfluous in both passages, in which case there can be no objection to this comparison of words, inasmuch as the very employment in both places of the same or a similar superfluous expression indicates a design ; or 2. The expression is necessary in both places, in which case no com parison is made, as the nlia is eo ipso null snd void, because the expressions are wanted to explain the sense, and cannot therefore be em ployed for the deduction of particular laws ; or 3. One of the expressions is superfluous, in which case the inference may be madc, provided no ob jection can be raised against it from another law which has assigned a distinction to the subject of comparison (comp. Yebamoth, 7o, b). • 3. Bccila'ing of the father, or the chief law, from one verse, and the chief law from two verses (t.i D'ZITID ZN 11):1 zinnn). That is to say, a law which is applied in the Bible to two subjects different in nature, and occurring either in one verse or in two separate verses, and through which these subjects become alike, is considered as the chief law, and every subject which through one point comes within its range, is also put thereby, in all othcr respects, on an equality with those twc subjects. This hermeneutical law is called ZN building of the father, because it requires two sub jects, and something whereby they are connected, as if it were two bricks constituting the walls, and one serving as a cover and medium to join the two walls togcthcr. The term DN, father, shows the superior power and durability of this exegetical law (comp. Pesachim, 86, b ; Succa, 6, b ; yeba moth, S, a ; Kidclaishim, 18, b ; Sanhedrim, 4, a ; Maccoth, 37, b; Berachoth, 34, a ; Keri Math, 17 , b).

4. General and Special (Dim when the law mentions first a general subject which has fewer marks and is of a wider compass, and this is followed by a special subject, with more marks and of a smaller compass, the definition of the lat ter is applied to the former in the interpretation of the law (comp. Tosafoth Nasir, 35, b, and art.

HILLEL).

5. Special and General (.71 LI1D).—If vice versa a special subject is followed by a general one, the special is extended by the general, since, according to the traditional mode of interpretation, the first term is to be explained by the one which follows it. Thus when it is said, Exod. xxii. 9, ` If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep,' where ass, ox, aDd sheep are special, but the following expres sion inn, beast or cattle, is general, the preceding special terms are extended thereby, and it is con cluded that everything living, even if it is not like the ass, ox, or sheep, comes under this law.

6. General Special aud General U'IM1 That is, when tbe general is followed by a special and this again by a general subjcct, the law is inter prcted accordin,g to the marks of the special sub ject, since there is a doubt whether the stress lies upon the middle term, whereby the first general term is limited, or upon the last general term, which obtains a wider generality through it. IIence the middle course is taken, and the law is neither extended to the whole compass of the last expression nor limited to the middle term, but is applied to everything which resembles it. Thus, for instance, when Dent. xiv. 26 ordains that the money realised from the sale of the tithes to be taken to the Temple may be bestowed on what soever thy soul lusteth after [general], for oxen, or for sheep, or for wine, or for strong drink [special], and for whatsoever thy soul desireth' [general again], it is concluded that just as the general has two properties, viz. , fecundity, which is the case with oxen and sheep, and sustenance, which is the case with wine, so the subject which is to be comprised therein must have these two properties ; and as winged animals have these two qualities, the money in question may be expended upon them. It is, however, a matter of dispute whether the resem blance is to be established on the ground of two or three properties (comp. Erubint, 27, b ; 28, a).

7. A general subject which requires a special one, and a special which requires a general subject (n

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