talmud gemara - List of all the times the Talmudic principle of "chiddush" is used in Shas

_{(similar type of question asked about: "svara", "תיקו" "Halachot L'Moshe MiSinai")}

The Talmudic principle of "chiddush" is sometimes invoked to explain certain areas of halacha. Namely, there are some rules and foundations that do not follow the usual halakhic rules, and thus their own rules cannot be extrapolated from or to other areas of halacha.

A couple examples of this principle of chiddush are:

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  "Eidim Zomemim"- conspiring witnesses (chiddush: we believe the second set of witnesses instead of the first)

  
  


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  "Motzi Shem Ra"- a person who claims his wife committed adultery (chiddush: if wife is guilty she is executed by stoning instead of strangulation)

  
  

Is there a comprehensive list of all the places in Shas where the Talmudic principle of chiddush is used?

Answer

The (Hebrew) Wikipedia entry on "chiddush" has a chart that lists 20 such instances in Shas where the principle of "chiddush"is invoked.

NOTE: for English translation of this list, please see below said image

1) חיוב קרבן בשבועת ביטוי - an “oath of expression” about a future or past event (ie NOT an oath of testimony)

• chiddush- a negative commandment that isn't punishable by kareis requires a korban (see Shevuot 26b with Tosfos)

2) בשר בחלב - meat and milk

• chiddush-
  a) 2 individually permitted things together are forbidden
  b)the prohibition is just in the cooking of them together- ie if one were to soak meat in milk it would be fine (see Pesachim 44b)

3) גיעולי עובדי כוכבים - purging the vessels of non-Jews with boiling water

• chiddush- usually a utensil which imparts a bad flavor to food is permitted. However by vessels of non-Jews, even if the vessels impart a bad flavor the food is still prohibited
  (see Pesachim 44b)

4) קנס - paying a penalty

• chiddush- Paying despite being killed (see Ketubot 38b)

5) נזיר - an instance of accepting a nazirite vow upon oneself

• chiddush- if a person says he's a nazir from grape seeds (ie accepting a partial nazirite vow upon himself) he's a full nazir (see Nazir 3b-4a)

6) שפחה כנענית לעבד עברי - Canaanite maidservant to a Jewish slave

• chiddush- a Jewish male is permitted to marry a non-Jewish woman (see Kiddushin 21b with Rashi)

7) אשת יפת תואר - a beautiful woman who was taken captive in war

• chiddush- a non-Jewish woman is permitted to a Jew (inferred from Kiddushin 21b)

8) עדים זוממים - conspiring witnesses

• chiddush- we rely on the 2nd set of witnesses (see Sanhedrin 27a)

9) ריבית - charging interest

• chiddush- the borrower who loses money also violates a prohibition (see Bava Metzia 61a)

10) טומאת שרץ - if a sheretz (creepy crawly creature) imparts "flavor" to a mixture it is still prohibited

• chiddush- even though it's gross & imparts flavor to the detriment of the mixture (and should thus be permitted) it's still forbidden. (see Avodah Zarah 68b)

11) טומאת שכבת זרע - impurity of an emission that's imparted into a mixture is still prohibited

12) זרוע של איל נזיר - the foreleg of the ram offering that a nazirite must bring

• chiddush- it's permitted to nullify a prohibited item even from the outset (lchatchilah)
  (see Chullin 98b)

13) חלב בהמה טהורה - permissibility of consuming milk from a kosher animal

• chiddush - milk originates from the blood (akin to ever min hachai) and yet the Torah still permits it (see Bechoros 6a-b)

14) צרעת הבתים - leprosy on houses

15) יבמה - the widow of a childless man who has brothers

• chiddush- an ervah (ie brother's wife) is permitted (see Yevamos 17b)

16) נבלת עוף טהור - the carcass of a pure bird

• chiddush- rather than by touching or carrying, one contracts tumah by eating the carcass of a pure-- ie kosher-- bird (see Zevachim 70a)

17) מנחת העומר - the Omer offering

• chiddush- a korban of barley is brought (inferred from Menachos 5a-b)

18) טומאת בעלי קרי בהר סיני - the impurity of a person who had an emission by Har Sinai

• chiddush- in this instance the Torah is more stringent with a baal keri than with a zav or a metzora (see Niddah 42a)

19) מזיד בשבועת ביטוי - purposely taking a shevuas bitui

• chiddush- a person purposely taking a shevuas bitui (ie “oath of expression”- NOT an oath of testimony) is obligated to bring a korban (see Shevuot 37a)

20) מוציא שם רע - a man who claims his wife committed adultery

• chiddush- if the woman is guilty of the motzi shem ra claim against her she is executed by stoning- despite the fact that if she were to commit the sin in her current state (ie as a regular married woman without a motzi shem ra claim) she would be executed via strangulation
  (see Ketubot 45a)