Asmachta (Talmudical hermeneutics)

In Talmudical hermeneutics , asmachta is a hint found in the Hebrew Bible for rabbinic prohibitions or given Jewish law . It's an exception in the talmudical hermeneutics, since it doesn't base the law on the cited verse, but uses the verse as a hint. Sometime it isn't clear whether a verse quoted as asmachta or as source, which may cause a controversy over the de'oraita or derabanan quality of the law. An example for such case is the controversy over the source of beracha levatala - the prohibition to say a prayer outside its context.

In Talmudical hermeneutics , asmachta is an allusion found in the Hebrew Bible for rabbinical prohibitions or any other Halakha . It's an exception in the talmudical hermeneutics, since it doesn't base the law on the cited verse, but uses the verse as a hint. Sometimes it isn't clear whether the verse has been quoted as an asmachta or as a source, which can lead to controversy over the de'oraita or derabanan quality of the law. An example of such a case is the controversy over berakhah she'eina tzricha or berakhah levatala , the prohibition to say a prayer outside its context. The Talmud says "Anyone who recites an unnecessary blessing violates the biblical prohibition: Thou shalt not take the name of the Lord thy God in vain ". While Maimonides sees it as a source, the Tosafists see it as an asmachta . Berachot 33a Mishneh Torah , Berachot 1, 15 : "Whoever recites a blessing unnecessarily takes the name of God in vain and is like one who swears in vain." The Aramaic source text: "ומשום דמברך ברכה שאינה צריכה וקעבר משום בל תשא ליכא דההיא דרשה דרבנן" (Tosafot on Rosh Hashanah 33a )