(יב) רַבִּי יִשְׁמָעֵאל אוֹמֵר, הֱוֵי קַל לְרֹאשׁ, וְנוֹחַ לְתִשְׁחֹרֶת, וֶהֱוֵי מְקַבֵּל אֶת כָּל הָאָדָם בְּשִׂמְחָה:
(12) Rabbi Yishmael says: Be yielding to an elder, pleasant to a youth and greet every person with joy.
What is the specific instance in this context where one finds that Rabbi Akiva interprets with amplifications and restrictions? It is as it is taught in a baraita that when the verse states: “Or if anyone take an oath clearly with his lips” (Leviticus 5:4), it amplifies the range of possible oaths for which one could be liable to bring an offering for an oath on an utterance. When the verse continues: “To do evil, or to do good,” it restricts that range. When it further continues: “Whatsoever it be that a man shall utter clearly with an oath,” it then amplifies again. According to the hermeneutical principle that when a verse amplified, and then restricted, and then amplified, it amplified the relevant category to include everything except for the specific matter that was excluded by the restriction.
This manner of interpreting verses is as taught by the school of Rabbi Yishmael, as the school of Rabbi Yishmael taught: Every passage in the Torah that was stated and repeated was repeated only for the novel element introduced therein. Although the Torah could have merely mentioned the element necessary to teach an additional halakha, one should not interpret the repetition of a previously mentioned matter as teaching a second additional halakha, as the style of the Torah is to repeat a passage even to teach only one additional halakha. In the case of the passage concerning a sota as well, the repetition of the warning does not teach a new halakha.
Brayta of Rabbi Yishmael
The thirteen rules were compiled by Rabbi Ishmael b. Elisha for the elucidation of the Torah and for making halachic deductions from it. They are, strictly speaking, mere amplifications of the seven Rules of Hillel, and are collected in the Baraita of R. Ishmael, forming the introduction to the Sifra and reading as follows:
- Kal wa-ḥomer: Identical with the first rule of Hillel (a minore ad maius - an argument that denotes an inference from smaller to bigger and vice versa).
- Gezerah shawah: Identical with the second rule of Hillel.
- Binyan av: Rules deduced from a single passage of Scripture and rules deduced from two passages. This rule is a combination of the third and fourth rules of Hillel.
- Kelal u-Peraṭ: The general and the particular.
- u-Peraṭ u-kelal: The particular and the general.
- Kelal u-Peraṭ u-kelal: The general, the particular, and the general.
- The general which requires elucidation by the particular, and the particular which requires elucidation by the general.
- The particular implied in the general and excepted from it for pedagogic purposes elucidates the general as well as the particular.
- The particular implied in the general and excepted from it on account of the special regulation which corresponds in concept to the general, is thus isolated to decrease rather than to increase the rigidity of its application.
- The particular implied in the general and excepted from it on account of some other special regulation which does not correspond in concept to the general, is thus isolated either to decrease or to increase the rigidity of its application.
- The particular implied in the general and excepted from it on account of a new and reversed decision can be referred to the general only in case the passage under consideration makes an explicit reference to it.
- Deduction from the context.
- When two Biblical passages contradict each other the contradiction in question must be solved by reference to a third passage.
תנא דבי רבי ישמעאל אם ראית תלמיד חכם שעבר עבירה בלילה אל תהרהר אחריו ביום שמא עשה תשובה
It was taught in the school of Rabbi Yishmael: If you saw a Torah scholar transgress a prohibition at night, do not think badly of him during the day; perhaps he has repented in the meantime.