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Sugya intergrity קידושין – the 6th sugya: 5a to 5b. שתקנה

This sugya makes a משנה תורה – t’shuva which learns Rabbi Akiva’s רבוי מיעט. While the רבוי מיעט not in and off itself a general הוויה אמינא וקמ״ל process – its operates and accomplishes the same result. Therefore practically speaking the “tap code” of הווא אמינא … קמ”ל, since it functionally duplicates the rabbinic middah of רבוי מיעט therefore our sugya in under examination a 4th midda and not simply 3 middot! It transforms from a simple three-part refutation into a highly sophisticated, four-tiered grid of inductive legal reasoning.

The immediate functional result of the Kal V’Chomer. It operates as an inductive Ribuy, conceptually widening the boundaries of the Mishnah’s original matrix to bring an unlisted, 4th mode of entry (Chuppah) into the legal domain of Kinyan – קמ”ל. The logic of the Kal V’Chomer expansive like the הווא אמינא\רבוי.

The precedent בנין אב functions like a fractional “common denominator” wherein the Mishna language equates acquisition of “Title” to the נפש עולם הבא of the woman based upon the Torah בנין אב brit cut between the pieces where Avram cut a brit upon his future born seed (עולם הבא).

The prophetic mussar of the Torah rejects the Nazi racism which modern racists call DNA after Jewish scientists made this discovery in 1953! Any person can convert and embrace the Sinai revelation of Torah common law justice – and many Goyim in point of fact have done just that. Post Shoah where European antisemites slaughtered 75% of Western European Jewry in less than 3 years – this team effort depended upon the British White Paper which influenced the decision of Washington to not duplicate its Good Eye policy of permitting Jewish refugees expelled from the collapsing Czarist empire into the United States at the turn of the 20th Century!

The Nazi “inferior race” racism post Shoah antisemites now employ DNA as a fig leaf to cover their diseased minds. By treating the expansive logic of the Kal V’Chomer as an operational Ribuy, and the restrictive Tzad HaShaveh as a structural Miuat, a scholar can map the middot “finger-print” of this 6th sugya of קידושין and through detective sleuth work compare this “fingerprint” to other Similar sugyot across the Sha’s Bavli and Yerushalmi. משנה תורה-common law stands upon the יסוד of precedents.

When a Gemara 6th sugya turns back upon itself 2nd sugya, this “drosh” makes a depth analysis of rabbinic middot language. This depth analysis of rabbinic middot, like as explained above permits down stream generations to make a שד השווה to other related גזרה שווה sugyot across the Sha’s.

The editors of the Vilna Sha’s, their wisdom employs the * to achieve this inductive reasoning which compares different sugyot (always and forever chained to interpret the language/phrase of a specific Mishna), and then expands this צד השווה common denominator גזרה שווה language.

The precedent search to different sugyot compares the language of one specific Mishna to other specific Mishnaot! The first * common denominator following .ג (second sugya), compares the language of our Av Mishah to the thesis statement: 10a איבעיא להו ביאה נשואין עושה או אירוסין עושה? The language נפקא מינה the rabbinic understanding of רוב חסד – the Torah middah of discernment or understanding which compares like from like – akin to the mitzva of separating t’ruma, ma’asser, chol\Israel. (Chol not common or profane. Rather House of Aaron, Levi, and Israel’s portion inheritance to the oath sworn lands.) The common false translation which views the 6 day of Chol as separate from Shabbat, another example of טיפש פשט “box thinking”\”idiot box” “boob tube” “programming/brain-washing”.

The actual צד השווה on dof 10b., and this sugya terminates on 11a. When the common law commentary Baali Tosafot jumps off the dof in search of a common law precedent, the simplest way to understand the wisdom of the grand-children of Rashi; understand … each and every sugya of Gemara exceptionally structured and highly edited. In this sense a sugya of Gemara compares to the 13 lines which defines a sonnet of poetry! Not that a Gemara sugya – a sonnet טיפש פשט stupidity. Rather for the poet to structure a sonnet requires a refined Order and structure, so too each and every sugya of the Talmud; where the sugya exists as the כלל and the line which interests the Baali Tosafot to make a precedent analysis of its dof of Gemara – serves as the פרט/צד השווה. A simple syllogism theory holds that each sugya opens and closes with a similar thesis statement; the shortest distance between two points – a straight line or sh’itta. Hence the precedent specific which the Baali Tosafot brings must rest along this sh’itta line of thought. Viewing the sugya as a fixed static “line” of reasoning contrasts directly with the dynamic essence of פרדס inductive reasoning.

A sugya of Gemara likewise resembles to a blue-print which a building contractor requires to construct a 3 dimensional building; engineers – except perhaps in Japan – do not design their buildings to move or sway. Modern skyscrapers did not exist in that day and Age. Torah courtroom law, the Talmud communicates a עולם הבא future vision when Yovel and brit melah serve as the יסוד of Sanhedrin courtroom justice. Hence Talmudic scholarship attempts to duplicate how different eye-witnesses see, for example, the New Moon. Based upon their fixed but different location perspectives. Hence a blue-print requires a Front, Top, Side views! Reading the Mishna and how much more so the T’NaCH from a literal reading of words טיפש פשט compares to the church inquisition “trial” (what a joke), of 1633 which condemned Galileo for rejecting Aristotle theory of heliocentrism – the Sun revolves around the Earth. Church dogma worshipped the rediscovered ancient Greek philosophers almost on par with their dogma which believes in a Harry Potter fictional messiah.

Copernicus published De revolutionibus but had the arrogant gall to die in 1543 before Rome could murder him for the sin of heresy! Church dogmatism shaped hatred against Jews till the 2nd Vatican Council formally repudiated the post War Polish pogroms and rat-lines consequences of Pope Pius XII alliance (like the Lutheran church) with Hitler against Communism.

While neither Plato or Aristotle taught ‘Flat Earth’. Cosmas Indicopleustes (6th century) proposed a flat universe/world in his ‘Christian Topography’ and argued against spherical (and moving heavenly) models. But his influence played a marginal – even nonexistent – role in the heresy trial of Galileo. This digression attempts to show that reading Talmudic common law texts without a ‘good-eye’ to inductive\dynamic comparative precedents, as reactionary as Rambam and Karo’s statute law religious codes – written to cope with the darkest ages of Human moral depravity and barbarism which culminated in the ‘evil-eye’ – Shoah & Arab ’48 and ’67 – repeated attempts to exterminate the Jewish people; great power imperialism efforts to restore the Roman empire colonialism which renamed conquered Judea to Palestine – the British ’39 White Paper and UN SC Resolution 446 – 2334 march the defiled Nazi ‘Goose Step’ in harmony together.

גופא: The next sugya precedent to compare its Mishnaic phrase through the fixed perspective of a sugya of Gemara פרט-כלל — mesechta Ketubot 57b to 58a. The Mishna clause הגיע זמן לאו נישאו. The Gemara sugya opens with אמר עולא and ends with מסר והלך. The next * גזרה שווה jumps to קידושין כא. פרט. This sugya כלל begins on dof 20a ת”ר and terminates on 21b – ברציעה. This sugya – Aggadic, so comparing the similar relationship between the halachic 7, 10, 13 middot to the Aggadic 32 middot — their overlap merits close observation. The central question which of these sugyot most resembles our rabbinic middot fingerprint?

Kiddushin 10a – 11a — איבעיא להו ביאה נשואין עושה או אירוסין עושה — Chuppa functions comparable to a house – private domain. Whereas אירוסין, in the time of the Gemara – the woman arranged her “house” prior to affixing a shared domain with her chatan/groom-to-be under the chuppa. Hence the woman referred to as בית. Ketubot 57b – 58a — הגיע זמן ולא נישאו – דתנן: נותנין לבתולה שנים עשר חודש

If the agreed-upon time for marriage arrives and the wedding has not occurred, the woman begins eating terumah at her father-in-law’s expense. The Gemara opens with Ulla and tracks the mechanics down to מסר והלך. Ulla’s thesis, the Gemara attempts to extend the boundaries ‘terumah rights דאורייתא’ determined through false logical assumptions through a צד השווה regarding the domains of responsibility where the chatan replaces the father to דאורייתא annul a vow made by his wife.

The kal v’chomer argues that if a עבד עברי possible to sell to a Goy; the “owner” should likewise possess the power to sell himself. But this middah of logic fails to weigh the reason of theft, which caused the case עבד עברי – does not at all resemble to the case of קידושין. The 6 months window which permits a father to marry his daughter prior to losing this authority – when she reaches the age of בגרת – shares no common ground with an עבד עברי.

Despite both sugyot employing kal v’chomer, Ribuy, Tzad HaShave, Miuat sequences, this similarity accentuates the fundamental differences which separates the mitzva דאורייתא of קידושין – גט from עבד עברי slaves. While slaves can eat t’ruma, they simply do not compare to acquisition of future born children to sanctify from generation to generation the oath sworn brit of the Cohen seed never going extinct like as do great and powerful empires (like the British and USSR) by means of the Torah wisdom time-oriented commandments which the Chuppa symbolizes. The chosen Cohen brit inheritance to conquer the lands of Canaan לשמה the essence of the first Sinai commandment. Israel did not attain liberty from g’lut Egypt to duplicate that g’lut slavery in the brit lands of Canaan. Yovel frees the עבד עברי רציעה.

Its my sincere hope that my digression which addresses Zionism causes the Talmud to breath and live post Shoah. Every sugya possesses an internal sequence of inductive legal operations—a “middot fingerprint.” By identifying that fingerprint, one can compare sugyot through precedent. Herein explains why Baali Tosafot learn a sh’itta which links particular passages across Sha’s Bavli Yerushalmi; reconstructs post sealing of the Sha’s the editorial architecture of the Bavli. The Savora’im – roughly 500 to 625 CE after the death of Ravina II 499 CE.

These scholars credited with arranging & editing the final text of the Bavli, perhaps akin to the printed Vilna Shas. Their contribution to achieve the Talmud as we have it today – represents a totally different Age – day & night different from rather isolated Reshonim communites shell shocked by the Crusades and overshadowed by the wholescale embrace of ancient Greek philosophers by both Muslims and Xtian civilizations. Reshonim struggled with assimilation. Ibn Ezra’s son, for example, converted to Islam. Based upon the harsh criticism of the RambaN מלחמת השם which denounced the Baali Maor rebuke to codifing the Talmud into halachic codes – assimilated to Greek philosophy rabbis “blew out the Hanukkah candles” and organized religious statute law halachic codes – written (at best) as a temporary g’lut coping mechanism. This approach treats the Gemara’s הווה אמינא–קמ”ל dialectic as functionally equivalent to the expansive and restrictive dynamics of רבי עקיבא’s ריבוי ומיעוט, thereby revealing a deeper layer of sugya integrity.

Time to compare the Boris & Natasha – Cold War – Bullwinkle J. Moose show. The Rambam confuses קטנה + 1 יום which the Gemara ( (Niddah 44b, Ketubot 39a) states that “a girl UNDER three – like a hole in a wall,” implying the hymen regenerates. 3 years and 1 day and older: She remains a קטנה – excluded from the mitzva of קידושין. If seduced or raped she loses her legal status of virginity (in matters of “Ketubah” and motzi shem ra).

Just as a bnai brit cannot sell himself to be an עבד עברי so too a קטנה cannot sell herself as האשה. Kiddushin 13b “A Ketana who betroths herself… is a kidushin of shogeg.” D’varim כד:א – לא יקח, despite the immediate subject addresses ערבה, chazal learns the acquisition of her soul acquired by another and not herself! The דיוק of the mitzva of קידושין learns from the Torah obligation of גט – wherein the ex returns title to her nefesh O’lam Habah back to the possession of the woman; permitting her to do קידושין with a man more worthy. The mitzva of קידושין – a wisdom time-oriented commandment which requires k’vanna. This Torah mitzva stands upon the בנין אב of childless Avram cutting the brit between the pieces.

הלכות תרומות פ”ו — ישראלית שנשאת לכהן אפילו קטנה בת ג’ שמים ויום אחד תאכל בתרומה וחזה ושוק. ודין תורה שתאכל משנתארסה שהרי היא קנינו. אבל אסרו חכמים שתאכל עד שתכנס לחופה גזירה שמא תאכיל תרומה לאביה ולאחיה כשהיא ארוסה בבית אביה. Netasha has absolutely no idea the source for this halachic ruling. His speculation fails to correct the fundamental error made by the Rambam wherein he divorced a Gemara halacha precedent interpretation of the language phase of a specific Mishna. Furthermore, Karo duplicated the Rambam error in his Shulkan Aruch code. His Beit Yosef super commentary to the Tur followed the statute law break made upon the Rosh common law code by further codifying Reshonim opinion rather than the Gemara common law precedent interpretations of the k’vanna of the language of a specific Mishna.

The Mishna a product of the post Bar Kochba Revolt disaster where the Romans changed the name of the conquered province to Palestine. The error of assuming that the Talmud records religious traditions rather than serves as a model guide for the time when Jews expunge the Roman name of Palestine from the land and establish wisdom time oriented commandments of both Yovel and brit melah – based upon the precedent of Yehoshua who conquered 33 kings of Canaan. The Talmud vision does not eye the past any more than rabbi Akiva wept, but rather laughed when a fox exited from Herod’s Temple abomination; the Romans themselves held: better to be a dog than a family member of Herod’s house! G’lut Jewry follow the Rambam waiting for the Moshiach, similar to the sages who wept at the sight of the fox.

Not the Egel HaZahav משל but the שם אלהים נמשל which directly repudiates both JeZeus and Allah as one God with the first Sinai commandment. The ברכת המזון serves as a strong precedent: only once in the third blessing which opens with the midda דאורייתא – רחם (The k’vanna of this middah learns from the commandment to obliterate all the Goyim nations in Canaan, kill the stubborn and rebellious child, war against the ערב רב Amalek שאין להם יראת אלהים. Mercy does not compare to pity anymore than t’shuva compares to repentance or brit compares to covenant. The 4th Oral Torah midda spirit רחום separates blessing from curse life from death. Permitting Canaanites to remain in the land, or taking pity upon the minor stubborn and rebellious son, or assimilation to foreign cultures and customs – based upon the war with Midian directly results in av tuma avoda zara defiling the land. Hence pity shares no more a connection with mercy than קידושין applies to a קטנה. The benching only once (in the 3rd paragraph) excludes אלהינו from השם אלהינו. The t’shuva k’vanna of this blessing remembers the sin of the Golden Calf which did just that error. Herein explains the k’vanna of why the 3rd paragraph opens with רחם נא prior to השם אלהינו. Benching a wisdom time-oriented commandment which requires a ‘good eye’ which discerns subtle distinctions as understanding/בינה.