Rabbi Ishmael - Hermeneutic Rules

Hermeneutic Rules

To consistently carry out his views in this direction, Ishmael formalized a set of 13 hermeneutic rules by which halakha was derived from the Torah. As a basis for these rules he took the seven rules of Hillel, and on them built up his own system, which he elaborated and strengthened by illustrating them with examples taken from the Scriptures (see Baraita of R. Ishmael; Talmud; comp. Gen. R. xcii. 7). Even these rules, he would not permit to apply to important questions, such as capital cases in which no express Scriptural warrant for punishment existed; he would not consent to attach a sentence of death, or even a fine, to a crime or misdemeanor on the strength of a mere inference, however logical, where no such punishment is clearly stated in Scripture (Yerushalmi Avodah Zarah, v. 45b), or to draw a rule from a law itself based on an inference (Yerushalmi Kiddushin, i. 59a). His rules were universally adopted by his successors, tannaim, as well as amoraim, although occasionally he himself was forced to deviate from them (see Sifre, Numbers, 32).

Thus, his name became permanently associated with the halakha; but in the province of the Haggadah also, it occupies a prominent place (Mo'ed Katan, 28b). In answer to the question whether future punishment will be limited to the spirit or to the body, or whether in equity, any punishment at all should be inflicted on either, seeing that neither can sin when separated from the other, Ishmael draws this parallel:

A king, owning a beautiful orchard of luscious fruit, and not knowing whom to trust in it, appointed two invalids — one lame, and the other blind. The lame one, however, tempted by the precious fruit, suggested to his blind companion that he ascend a tree and pluck some; but the latter pointed to his sightless eyes. At last the blind man raised his lame companion on his shoulders, and thus enabled him to pluck some of the fruit.

When the king came, noticing that some fruit had disappeared, he inquired of them which was the thief. Vehemently asserting his innocence, each pointed to the defect which made it impossible for him to have committed the theft. But the king guessed the truth, and, placing the lame man on the shoulders of the other, punished them together as if the two formed one complete body. Thus, added Ishmael, will it be hereafter: soul and body will be reunited and punished together (Lev. R., iv. 5; compare Sanhedrin, 91a et seq.).

Ishmael laid the foundation for the halakhic midrash on Exodus, the Mekhilta; and a considerable portion of the similar midrash, the Sifre on Numbers, appears also to have originated with him or in his school, known as "Debe R. Ishmael". Some suppose that he was among the martyrs of Betar (compare Avot of Rabbi Natan, xxxviii. ). The more generally received opinion, however, is that one of the martyrs, a high priest, was a namesake (Nedarim, ix. 10).