[Avodah] kal ve-chomer
Eli Turkel
eliturkel at gmail.com
Sat Feb 19 09:44:13 PST 2011
I am struggling with trying to understand a kal ve-chamor. It obviously
doesnt correspond
to rules from standard logic.
As a simple example (one of many I have) consider the gemara in Baba Metzia
3b.
In short summary
1. R. Chiya says that 2 witnesses (on a portion of the loan) can force
a "modeh bemikzat" swearing just like a partial admission.
This is based on a kal ve-chamor that witnesses are more potent than an
admission
2. The gemara asks that based on logic a partial admission shows there is a
basis
to the full claim since the debtor won't fully deny a claim. This reasoning
doesn't apply
to witnesses
3. The gemara states that this is why a kal ve-chomer is needed precisely
because pure reasoning
wouldn't demand swearing against witnesses.
4. The gemara then starts a technical discussion whether witnesses are
really more potent
than an admission - which is not relevant to my question
I have other cases where the gemara uses a kal ve-chomer even though one
could
differentiate and say that the reason behind the "chomer" doesn't apply to
the "kal"/
It seems that this is a purely formal argument without looking at root
causes.
If it is not based on logical reasoning than what is the justification?
--
Eli Turkel
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