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Bava Metzia 094: Gemara Klal
Nathan asked:
Please explain the Klal of "Milsa D'asya B'kal V'chomer torach v'kasav la kra"
(First brought in Pesachim 18, as noted by the Mesoras HaSas). Which seforim
discuss this klal?
Thank you and Hatzlocha!
Nathan, USA
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The Kollel replies:
I'm certain you know the definition of this principle, that something which we
could have derived using a Kal v'Chomer will be written by the Torah anyway.
The Gufei Halachos (Letter Mem, rule #329) adds that it is possible one could
possibly find (or think he had found) a question to ask on the Kal v'Chomer if
the extra Pasuk would not have been written. In addition, he notes, it does not
always mean that the Torah writes a Pasuk both by topic A and topic B. It is
also used in Sanhedrin (41a) as an answer for why there are two Pesukim by
topic B. The Torah wanted the second Pasuk to be used in the style of "Im Eino
Inyan etc." (if it is not needed to teach us this lesson by topic A, it must be
meant for topic B). Even though the Torah could have simply written one Pasuk
and not used the "Im Eino Inyan" method, the Gemara says that the Torah will
give a second Pasuk anyway.
However, as logic dictates, this is not the type of answer that is normally a
first choice answer, as usually we derive something from every Pasuk (see also
Gufei Halachos Letter Tzadik, #481). This is especially true according to the
opinion that "Shnei Kesuvim ha'Ba'im k'Echad Ein Melamdim." The opinion
"Melamdim" is clearly more comfortable with this answer. For more, see Gufei
Halachos (and other Sefarim about Klalei Ha'Shas) at length.
All the best,
Yaakov Montrose
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