Baraita of Rabbi Ishmael
Encyclopedia
The Baraita of Rabbi Ishmael (Hebrew: ברייתא דרבי ישמאל) is a baraita
Baraita
Baraita designates a tradition in the Jewish oral law not incorporated in the Mishnah. "Baraita" thus refers to teachings "outside" of the six orders of the Mishnah...

 which explains the 13 rules of R. Ishmael, and their application, by means of illustrations from the Bible. The name is inaccurately given also to the first part of the Baraita, which only enumerates the thirteen rules. The Baraita constitutes the introduction to the Sifra
Sifra
Sifra is the Halakic midrash to Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah, as appears from Tanḥuma, quoted in Or Zarua, i. 7b. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" , and in two passages also "Sifra debe...

, and precedes it in all editions, containing principles which in the Sifra are given their application. The Baraita probably originated in the school of R. Ishmael, and in this regard the name is not wholly erroneous. The Hekalot are also called by some the "Baraita of R. Ishmael."

The 13 Rules

The thirteen rules were compiled by Rabbi Ishmael b. Elisha for the elucidation of the Torah and for making halakic deductions from it. They are, strictly speaking, mere amplifications of the seven Rules of Hillel
Hillel the Elder
Hillel was a famous Jewish religious leader, one of the most important figures in Jewish history. He is associated with the development of the Mishnah and the Talmud...

, and are collected in the Baraita of R. Ishmael, forming the introduction to the Sifra
Sifra
Sifra is the Halakic midrash to Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah, as appears from Tanḥuma, quoted in Or Zarua, i. 7b. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" , and in two passages also "Sifra debe...

 and reading a follows:
  1. Ḳal wa-ḥomer: Identical with the first rule of Hillel.
  2. Gezerah shawah: Identical with the second rule of Hillel.
  3. Binyan ab: 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.
  4. Kelal u-Peraṭ: The general and the particular.
  5. u-Peraṭ u-kelal: The particular and the general.
  6. Kelal u-Peraṭ u-kelal: The general, the particular, and the general.
  7. The general which requires elucidation by the particular, and the particular which requires elucidation by the general.
  8. The particular implied in the general and excepted from it for pedagogic purposes elucidates the general as well as the particular.
  9. 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.
  10. 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.
  11. 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.
  12. Deduction from the context.
  13. 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
Hillel the Elder
Hillel was a famous Jewish religious leader, one of the most important figures in Jewish history. He is associated with the development of the Mishnah and the Talmud...

; rule twelve corresponds to the seventh rule of Hillel, 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. With regard to the rules and their application in general see also Talmudical Hermeneutics
Talmudical Hermeneutics
Talmudical Hermeneutics is the science which defines the rules and methods for the investigation and exact determination of the meaning of the Scriptures, both legal and historical...

.

Jewish Encyclopedia bibliography

  • In addition to the works on Talmudic methodology. see Œuvres Complètes de Saadia, ix. 73-83 (commentary of Saadia on the thirteen rules), xxiii.-xxxiii., Paris, 1897.

External links

  • Jewish Encyclopedia for Baraita of Rabbi Ishmael, by Marcus Jastrow
    Marcus Jastrow
    Marcus Jastrow was a renowned Talmudic scholar, most famously known for his authorship of the popular and comprehensive A Dictionary of the Targumim, Talmud Babli, Talmud Yerushalmi and Midrashic Literature....

     and Louis Ginzberg
    Louis Ginzberg
    Rabbi Louis Ginzberg was a Talmudist and leading figure in the Conservative Movement of Judaism of the twentieth century. He was born on November 28, 1873, in Kovno, Lithuania; he died on November 11, 1953, in New York City.-Biographical background:...

    .
  • Jewish Encyclopedia for Rules of Rabbi Ishmael, by Wilhelm Bacher
    Wilhelm Bacher
    Wilhelm Bacher was a Jewish Hungarian scholar, rabbi, Orientalist and linguist, born in Liptó-Szent-Miklós, Hungary to the Hebrew writer Simon Bacher. Wilhelm was himself an incredibly prolific writer, authoring or co-authoring approximately 750 works in an unfortunately short life...

     and Jacob Zallel Lauterbach
    Jacob Zallel Lauterbach
    Jacob Zallel Lauterbach was an American Judaica scholar and author who served on the faculty of Hebrew Union College and composed responsa for the Reform movement in America. He specialized in Midrashic and Talmudical literature, and is best known for his landmark critical edition and English...

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