Eilu va’Eilu part II
[Updated 1/9/2014. The story so far: In part I I gave a survey of opinions from rishonim discussed in essays by RM Halbertal and Rav Michael Rosensweig.] RMHalbertal spelled out three approaches to machloqes:...
Category: Halachah
Rabbi Meir’s Rhetoric
Rav Meir disagrees with the other sages on a number of topics involving logic. 1- When framing a tenai, a condition on a business dealing, an oath, a pledge or the like, the majority opinion...
The Miracle of Oil
Ask someone why we celebrate Chanukah, and of course the first answer out would be about the miracle of the oil lasting eight days. This allowed the reconsecration of the Beis haMiqdash to be...
Halakhah and Orthodoxy
(Much of this is a popularization of things already posted in this category, originally posted to Facebook.) As I see it, halachic decision-making involves the weighing of numerous items — the strength of the...
From Qeren to Shofar
(Updated after Rosh haShanah 5774 with idea from the Tanchuma.) The Ramban, in his Derashah leRosh haShanah, writes that a shofar is a keli, a formal utensil in the halachic sense. For this reason,...
Kosher, Tahor, Qadosh
The pasuq (still in parashas Re’eih) discusses the various species of kosher and non-kosher mammals (Devarim 14:3-8), marine animals (v. 9-10), and flying creatures (v. 11-20). And the terminology is that this species is tamei,...
Value and Money
Yerushalmi Mes’ Qiddushin (or, as the Y-mi would itself call it: Meikhas Qiddushin, see here , the section subtitled “Linguistics”, for why I believe the difference in nomenclature is significant) includes three discussions that...
Infinite Worth
I have for a while kept a theory that not only do we aggadically consider human life to be of infinite value but that this notion has halachic import. For example, there is a...
Qinyan and Ba’alus
(Originally posted Mar 2007, now enlarged.) “Qinyan” is usually translated “acquisition”, and “ba’alus“, “ownership”. I would suggest that neither translation is precise. And this imprecision only leads to difficulties in understanding the law, rather...
Tum’ah in a Private Domain
A central theme in this “Phenomenology” category of this blog is an extension of an idea from a responsum by R’ Aqiva Eiger. That extension isn’t really part of this observation, but since I’m...
The Fourth Son
We can consider the rasha, the evil child, to be a failed chakham (the wise one). He is engaged with the laws of Pesach, but unlike the first child, he rejects them. The third son, the tam, is...
Halakhah: Truth or Law?
R’ Moshe Halbertal’s paper on the nature of machloqes found three classical positions. (I blogged on this back in 2005; and you can see RMH’s original 1994 paper “The History of Halakhah, Views from...
Purim and Ki Sisa
I have heard many derashos discussing the linkage between parashas Tetzaveh and Purim, which usually falls out around the week of Tetzaveh. Typically involving the discussion of the kohein‘s uniform in Tetzaveh and all...
Taamei haMitzvos
Until adultery became too commonplace (in the days of Rabbi Yochanan Ben Zakai, shortly after the destruction of the Beis haMiqdash) a wife whose husband suspected her of having an affair could forbid her...
Rebooting on Sukkos
I discussed the following medrashim in more detail in Mesukim MiDevash for parashas Pinechas and in earlier blog posts “The Origins of Imperfection” and “Simchas Beis haSho’eivah“. In this post, I want to look...
Mother’s Day and Teshuvah Week
We don’t feel a need to observe Mother’s Day, because the mitzvah of kibud av va’eim means that every day is Mother’s Day. – Rabbi Shpitzer, my 5th grade rebbe This sentiment is far...
Thoughts about Teshuvah
“Aspaqlaria: Aseres Yemei Teshuvah” (49 pages) is a collection of essays adapted from those that appeared here on the subjects of teshuvah, shofar, vidui, and the Aseres Yemei Teshuvah. It is in Adobe Acrobat...
Today’s Daas Torah
Here’s a theory that I developed recently [when this was posted in its first, much shorter, version on 26-Nov-04]… The gemara uses the term “da’as Torah” in a sense totally different than today’s usage....
The Eilu vaEilu Paradox
The notion of eilu va’eilu is taken by many to be quite literal — that two conflicting halachic opinions can both be equally correct, both equally truly representing the Will of G-d. This is...
Teach Him Like the Laws of Pesach
חָכָם מָה הוּא אוֹמֵר? מַה הָעֵדוֹת וְהַחֻקִּים וְהַמִשְׁפָּטִים אֲשֶׁר צִוָּה ה׳ אֱ-לֹקינוּ אֶתְכֶם? וְאַף אַתָּה אֱמָר לוֹ כְּהִלְכוֹת הַפֶּסַח: אֵין מַפְטִירִין אַחַר הַפֶּסַח אֲפִיקוֹמָן. The wise [son], what does he say? “What are the...
40 or 50 Makkos
There is a dispute in the Haggadah about how to count the plagues. Rabbi Yosi simply says there were 10 plagues in Egypt, and the equivalent of 50 at the sea. Just focusing on...
Rav and Shemuel on Redemption
The mishnah in Pesachim requires that in telling of the Pesach story at the seder, “we begin with degradation, and end with glory.” There is a debate between Rav and Shemuel over what this...
Casting Lots
Regardless of what one believes about Creation and the origin of the species, we have evolution since then. In order to even entertain the possibility of evolution as the origin of the species, one...
Midgets on the Shoulders of Giants
Someone recently (when I first wrote an earlier version of this post, Feb 2007) asked me about nisqatnu hadoros, the decline over time from one generation to the next. How is this possible, given...
Any Torah Which Has No Ancestral Home
Certain mitzvos must be done on a specific day, such as the beris milah of a boy who is healthy on the 8th day, or the Qorban Pesach. In these cases, the mitzvah overrides...
Aristotle, Science and Halakhah
ר’ יצחק בי רבי אלעזר שאל זרק מרשות היחיד לרשות הרבים ונזכר עד שהוא ברשות הרבים. על דעתיה דר’ עקיבה יעשה כמי שנחה בר”ה ויהא חייב שתים. א”ר חונה לא חייב ר’ עקיבה אלא...
Not for the Seder Table
We say in the Hagadah אמר רבי אלעזר בן עזריה: הרי אני כבן שבעים שנה ולא זכיתי שתאמר יציאת מצרים בלילות, עד שדרשה בן זומא “למען תזכור את יום צאתך מארץ מצרים כל ימי...
Hagadah: Random Thought
וַיְהִי בַיָּמִים הָרַבִּים הָהֵם וַיָּמָת מֶלֶךְ מִצְרַיִם, וַיֵּאָנְחוּ בְנֵי-יִשְׂרָאֵל מִן הָעֲבֹדָה, וַיִּזְעָקוּ; וַתַּעַל שַׁוְעָתָם אֶל הָאֱ-לֹהִים, מִן הָעֲבֹדָה. It was in those many days and the king of Egypt died, and the Benei Yisrael...
39 Melakhos
(Expanded from a couple of months ago.) שֵׁשֶׁת יָמִים, תֵּעָשֶׂה מְלָאכָה, וּבַיּוֹם הַשְּׁבִיעִי יִהְיֶה לָכֶם קֹדֶשׁ, שַׁבַּת שַׁבָּתוֹן לַה’; כָּל-הָעֹשֶׂה בוֹ מְלָאכָה, יוּמָת. Six days work shall be done, and the seventh day shall...
Halakhah and Phenomenology – Symbolic Logic
This will only be of interest to people who care about Symbolic Logic and about the rules of birur, of resolution of doubt in halachic questions. But I found something I wrote back in...
A Quantum of Time
There are two halachic indivisible units of time. When it comes to interruption, or for defining a single statement (e.g. when correcting oneself in davening) the unit is tokh kedei dibbur — within the...
Glory and Egalitarianism
I want to share, with permission, the following exchange I had with Ellen Rosen, a member of The Mussar Institute. On Thu, Dec 30, 2010 at 09:15:00AM -0800, Erosen1@aol.com wrote: I have a question...
Halakhah and Phenomenology – Addendum: Placebos
One more thought about my “Halakhah and Phenomenology” series…. A basic assumption behind the series is that what justifies looking at the world as experienced and as it could be directly experienced is the...
Halakhah and Phenomenology – The Unknown and Bitul
The Yerushami (Challah 3:5) discusses the case of when bread which didn’t have challah taken (or flour which didn’t have terumah taken from it), fell into a quantity of already separated bread. The gemara...
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