Talmudic Principle
Question
Abraham Katz
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Answers
Many of the foundational details are found in one form or another in the Written Torah. The Torah is a multifaceted dimension that can be understood in many, many different ways. However, the Written Torah and the Oral Torah are one enormous body that encompasses the entire gamut of Judaism and Jewish Law. In a sense, the Written Torah is the “skeleton” and the Oral Torah is the “flesh” from which the vast majority of Jewish Law is formulated. It is not possible to understand Jewish Law and the obligations of each person by only reading the written part of the Torah. But, as with a body that the skeleton comes first as the flesh sits on the skeleton, so too the Written Torah has to come before the Oral Torah so that all the laws and the other information it contains can sit properly.
God transmitted to Moses the methodology of interpreting Jewish Law correctly and Moses passed it on to Joshua (see the first Mishnah in Ethics of the Fathers). Joshua passed it on in turn to the next generation and so it was given from one generation to the next until today. That means that all contemporary rulings in Jewish Law have to conform to the methodology that was given to Moses – otherwise it is not acceptable. That is the foundation of the Mishnah and the Talmud.
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Sorry, please answer my question if it said “how does the Gemara know that we don’t derive prohibitory law from monetary law or vice versa”
I apologize for the misunderstanding. Your original question asked, “how does the Gemara know prohibitory law and monetary law?” and I thought that I had answered it.
I apologize again but I am not sure that I understand what your follow question is asking exactly.
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How does the Gemara know that we don’t derive principles of dinei issurin from dinei mamon or vice verse?
This is my question, thank you!
The various approaches are learnt from sevoroh. It is simple sevoroh that each different category requires its own approach to formulate Halacha. For example, when dealing with Dinei Mamonos the Beis Din simply uncovers truth and then rules in favor of one of the litigants. In Dinei Knosos there is no preexisting obligation to pay until the Beis Din rules that he must pay a fine. This is just one of countless examples where it is clear that each legal category has its own set of laws and logic.
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