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RYK MISHNA TERMS

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סתם   an anonymous and undisputed Mishna  
מחלוקת   a conflict of opinions in regard to a certain law  
רישא   the case at the beginning  
סיפא   the case at the end  
מציעתא   the middle case  
פלוגתא   the different opinions of the teachers concerning a point of the law are generally set forth in the Mishna without the reason of the difference being added. Occasionally, however, not only the reason of one or both of the contradictory opinions is stated  
משא ומתן   elaborate argumentation pro and con is also termed  
שקלא וטירא   literally, a taking and giving of arguments, i.e.: a discussion  
מעשה   teachers the report of a certain case in which a celebrated authority gave a decision either 1) in accordance with or 2) in contradiction to the rule just laid down or the opinion just expressed. “it is reported fact that…”, or, “it once occurred that…”  
כלל אמרו   signifies a general rule, a guiding principle of a law. Such a general rule either precedes or follows the details of a law  
כל, הכל, חוץ   Paragraphs of the Mishna containing a generalizing or comprehensive provision are introduced by  
מנינא   Without laying down a general rule, the Mishna sometimes states the exact number of cases to shich a certain law refers and then specifies those cases more fully, for instance: “there are four main kinds of damages to property, namely…”  
אלו, זו היא   limitation of the Mishna occurs, where certain cases are enumerated by these introductory words  
אין בין... אלא...   limitation admitting of no other exceptions than those expressly mentioned, is found where the Mishna points out the only difference that in certain legal respects exists between two things, by the limiting phrase “there is no difference between…and…excep  
תנא ושייר   Where the Mishna enumerates different cases to which a certain law applies without fixing their number and without using any of those limiting terms mentioned above, the enumerated cases do not always exclude other cases to which the same law applies. Th  
לא זו אף זו   Where in enumerating certain cases of a law a subsequent case is more unexpected than the preceding, the Gemara uses the phrase "the Mishna teaches not only that, but even this;” that is, the Mishna intended to arrange the cases in a climax, starting from  
לא מבעיא קאמר, לא מיבעיא אלא אפילו....   The climax in the arrangement of several cases is also expressed by the Talmudical phrase:The author of the Mishna states here a case of “not only”; not only as to…but even…, i.e, the Mishna adds here to that which is unquestionable that which is more une  
זו אין צריך לומר זו   the Mishna sometimes arranges the cases of a law in an anticlimax, so that the subsequent case is self-evident from the preceding. This is expressed in the Gemara by the phrase: “that, and it is unnecessary to say this”: i.e., after having stated the law  
לכתחילה, דיעבד   Of these two antithetical terms the Gemara makes frequent use in the interpretation of the Mishna, especially in questions of the ritual law. means, literally: as for the beginning, at the outset, beforehand, previously. The term denotes the question of  
אפילו לכתחילה or לכתחילה נמי   even directly, i.e. the expression of the Mishna indicates a direct permission to do the act under consideration, so that it may be done unhesitatingly.  
בדיעבד אין לכתחילה לא   if done, yes, but directly not: i.e. only if it has already been done, it is acceptable and legitimate, but directly permissible it is not.  
לכתחיתה לא, דיעבד שפיר דמי   directly not, but if done it is right: i.e. it ought not to be done, but if already done, it is acceptable and valid.  
דיעבד נמי לא   even if done, it is not accepted as valid  


   




 
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Created by: eliyahuk on 2009-11-22



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