The Scale of Easy and Difficult in the Book of Marriage (Kitab Al-Nikah) in Babylonian Talmud in the Light of syllogism and idiosyncrasy

Document Type : Original Article

Author

Abstract

Thesis Title: standard the "easy and hard"(kal va-homer) at the book of the marriage (Kiddushin) in the Babylonian Talmud in the light of the syllogism and  Qiyas in Islamic Law .
The Thesis deals with the first standard of Talmudical Hermeneutics (Hebrew: approximately,[i] מידות שהתורה נדרשת בהן)  developed by The Tannaim (Rabbinic sages of Mishnah) , and the researcher is trying to stand on the methods of Amoraim (Rabbinic sages of  Gemara) at the book of the marriage (Kiddushin) in the Babylonian Talmud in the light of the syllogism and Qiyas in Islamic Law , Because The Tannaim put these standards Unaffected by the methods of inference developed by Aristotle (384 BC - 322 BC) and Stoics (300 BC) , and Because The Notation of "Gemara" began in the eighth century AD (the second Islamic)
The first rule of the Talmudical Hermeneutics is "kal va-homer" (Hebrew: קל וחומר‎), called also "din" (conclusion). This is the argument "a minori ad majus" or "a majori ad minus.
The researcher concluded at the end of his research to a number of points  :
First : that the standard "easy and hard" looks like measure of Aristotle who coined the issues measured in the form of conditional format.
Second: that the standard "easy and hard" was not a type of Aristotelian syllogism , but  kind of "analog" but the logical analog among the highest part (hard) and another low (easy), which was expressed by Aristotle in the book topics the "largest and least."
Third:  the standard "easy and hard" kind of Qiyas in Islamic Law Called  "Qiyas  Alawla" .