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RYK MISHNA TEST STAC
RYK MISHNA TERMS
| Question | Answer |
|---|---|
| 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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