Talmudic Concepts
Question
What is the difference between Klal Prat Klal And Robbin Meaht Ribbui
Answer
Shalom!
Thank you for your question.
A “Klal Uprat Uklal” which means “a general category, followed by specific examples, followed by a general category.”
For example, the Torah (Exodus 22:6- 8) states: “If a man gives his friend money or utensils to watch and they are stolen from the watchman's home: if the thief is caught, the thief shall pay double. And if the thief is not caught, then the watchman (from whose house the items were taken) shall go to the court and swear that he has not used his neighbor's property. In any case of crime (where the watchman claims that the property is no longer in his possession) be it an ox, a donkey, sheep, a garment or any property that was lost (and where the watchman claims that he was not negligent in guarding the property)…their claims shall be brought to the court, and he who the court finds culpable shall pay double to his friend. ..”
What these verses teach us is that when a watchman claims that the property given to him to watch is no longer in his possession, no matter what type of item it was, and the watchman claims that he was not negligent in guarding the item – whoever is guilty will pay double. However, in the event the owner of the item feels that the watchman is lying and maybe HE is the thief, he must take an oath in court that he is innocent.
Notice how the verses are worded: it begins with a general category “in any case of crime,” followed by specific examples, “an ox, a donkey, sheep, a garment,” and concludes with a general category, “any property that was lost.”
This is an example of a “Klal Uprat Uklal:” when specific examples are preceded and followed by general categories, we rule that the application of the law is limited to items that are similar to the examples given.
You then have a Ribui U’miut – which is a specific term that comes after a general term. In such a case it excludes all things that are not similar to the detail. This is almost synonymous to a “Klal Uprat Uklal.”
A Ribui Mi’ut V’ribui is when you have a general term and then a specific term followed by another general term. In this case, the second (final) general term includes even things not similar to the issue, while the specific term has the power to exclude only a single case that least fits into the general term. This can be seen on Shevuos 26a.
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