Dear Rabbi Kornfeld,
On 7b, in the Beraita after the Mishna, Rabbi says: moreover, tne word "tree" appears twice in the same verse [Devarim 19,5] and just as in the first instance the reference is to the tree hewn, so does the second refer to the hewn tree. Rashi says this is a gezera shava.
I find this difficult to understand:
1. This explanation does not seem technically correct: the word 'tree' is not Mufneh at all!
2. This explanation does not seem necessary at all! Why not say that it is a 'Davad Halamed Me'Inyano', and 'Yilmad tahton me'Elyon'?
Could it be that Rashi is not using the terminology of 'Gezera Shava' in the sense of the 13 rules of Rabbi Yishmael, but in the sense of the terms of Hillel's 7 Middot? But even Hillel's list includes Davar Halamed Me'Inyano!?
Thank you for all the excellent thought-provoking material.
Yeshayahu HaKohen Hollander
1) The Gezeirah Shavah is Mufneh, as instead of stating two words the Torah could have stated one word "mei'Eitzo." This shows that one of these words is Mufneh.
2) In our Gemara, it is not even agreed upon that this is the true context of the Pasuk until the Gezeirah Shaveh is completed telling us that it is so. It is possible that the Gezeirah Shaveh of Rebbi was necessary to show that he had a Mesorah not to learn the Pesukim in the manner of the Chachamim (which would not be a reason if his only source was Davar ha'Lamed mei'Inyano).
All the best,
Yaakov Montrose