Talmudic hermeneutics rules in marriage book (kiddushin) in Talmud "Juristic and critical study"

Abstract

Thesis Title: "Talmudic Hermeneuticsrules in marriage book (Kiddushin)in Talmud", (Hebrewמידות שהתורה נדרשת בהן). The study divided into twosections: the first section deals with commandments of marriage book and the secondsection deals with Talmudic Hermeneutics rules in marriage book. The first section is divided into tow chapters: Chapter Iis entitled "commandments of marriage" such as "affidavit and equivalence in marriage" and Chapter II is entitled "another commandments in marriage book" such as "slavery and manumission". the secondsectionis divided into five chapters :Chapter Iis entitled"kalva-homer" , Chapter II is entitled"Binyan Av" , Chapter III is entitled "Gezerashava", Chapter IV is entitled"Kelal u-Ferat u-Kelal" and Chapter V is entitled "Hekesh H-Katuv". Talmudic Hermeneutic rules weredeveloped by The Tannaim (Rabbinic sages of Mishnah),recognizes three collections: the 7 Rules of Hillel, the 13 Rules of R. Ishmael and the 32 Rules of R. Eliezer b. Jose ha-Gelili . The study is trying to stand on the methods of Amoraim (Rabbinic sages of Gemara) at the book of the marriage (Kiddushin) in the Babylonian Talmud in the light of the syllogism and analogy in principles of jurisprudence, Because The Tannaim put these rules affected by the methods of inference developed by Aristotle (384 BC - 322 BC) and Stoics (300 BC) , and Because The Notation of "Gemara" began in the eighth century AD (the second Islamic). The researcher concluded at the end of his study to a number of points : - The first rule of the Talmudic Hermeneutics "kalva-homer" is kind of "analog" but the logical analog among the highest part (hard) and another low (easy), which was expressed by Aristotle in the book topics the "largest and least." - The second ruleof the Talmudic Hermeneutics "Gezerashava" is kind ofanalogy in the case of two different Biblical laws containing a word common to both. - The third rule of the Talmudic Hermeneutics "Binyan Av"is kind of inductive;a decision in two laws having a characteristic in common (הצדהשוה) is applied to many other laws which have this same characteristic. - The fourth rule of the Talmudic Hermeneutics is "Kelal u-Perat u-Kelal" is kind of argument, the two general expressions are defined by the intermediate particular, so that the law applies only to what is like the particular. - The fifth rule of the Talmudic Hermeneutics "Hekesh H-Katuv"is kind of analogy in the one Biblicallaw.