Category: Halachah

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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, while most rishonim hold that a hole in a shofar invalidates the shofar only if the hole is such that it changes the produced sound, the...

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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, whereas that is tahor. Then, in the final pasuq (14:21): לֹא תֹאכְלוּ כָל נְבֵלָה, לַגֵּר אֲשֶׁר בִּשְׁעָרֶיךָ תִּתְּנֶנָּה וַאֲכָלָהּ, אוֹ מָכֹר לְנָכְרִי, כִּי עַם קָדוֹשׁ אַתָּה,...

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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 I believe reflect on the topic of how to relate value to price. In 2:5, vilna ed. 25a, the gemara discusses the possibility of marrying a...

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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 dispute about what to do when an enemy or criminal gang tell a group of Jews to turn one of their number in to be killed,...

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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 than the clarity we get by analyzing the halakhah on its own terms. This is another instance of what we looked at in “The Country of Yir’ah“,...

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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 revisiting the topic, I’m categorizing it here anyway. To save you looking up a prior post and me figuring out another way to explain RAE’s position:...

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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 usually defined simple in an unsophisticated or ignorant sense, as though his approach is inferior to the wise child’s. But when we find the word “tam”...

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Tzav

Halakhah is the means G-d gave us to actively and creatively complete ourselves, to use our Image-of-G-d ability to be who choose to make ourselves and become ever close to that “Image”. The word we generally use is “mitzvah” — that which someone commanded. Notably it is not the more direct conjugation, “tzava” — commandment. It is written as though...

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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 Within: Three Medieval Approaches to Tradition and Controversy“.) As I summarized it then: RM Halbertal proposes that there are three basic positions on plurality in halakhah:...

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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 the mentions of clothing in the megillah — people wearing their finest at the party, Esther’s change into royal clothes, sackcloth when the news of Haman’s...

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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 from secluding herself with that man. If they are caught in seclusion, she is brought to the Beis haMidqash where a kohein would write the relevent...

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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 at how each step in the progression I outlined before is addressed by the mitzvos of Sukkos. Enlarging the theme of what I said about Simchas...

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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 from uniquely Rabbi Shpitzer’s — but he was my first rebbe from the chareidi world, and so the first person to give me this explanation. Twenty five...

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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 (PDF) format, ready for printing.

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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. It appears once, in Chullin 90b, to ask whether a cited opinion on a halachic matter was from sources, which it calls “da’as Torah“, or whether...

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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 a product of halakhah being a mapping from Hashem’s infinite Thought to human reality and/or His leaving us a process that has room for our creativity...

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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 testimonial rites, the dictates and the laws which Hashem our G-d commanded you?” And even you tell him like the laws of the Passover [offering]. We...

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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 the makkos themselves, Rabbi Yoshi looks at each plague as a unit; he doesn’t subdivide them. I wish to look at the dispute between Rabbi Eliezer...

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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 applies to. In practice, our Haggadah contains both. (Probably because, as the Haggadah itself says, “whomever [says] more, behold he is praiseworthy.”) According to Shemuel, the...

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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 would have to understand that “random mutation” is not random, but Divinely guided. So that in addition to the filtering effects of “survival of the fittest”...

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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 that we now have universal education, and the masses know more Torah than any other generation in millennia? Pigmaei gigantum humeris impositi plusquam ipsi gigantes vident....

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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 Shabbos. According to Rabbi Eliezer, this includes even preparatory steps before the mitzvah itself, such as carrying the milah knife in a public domain, things that...

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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 ע”י רה”י השנייה. רבי אבהו אומר בשם ר’ אלעזר בשם ר’ יוחנן היה עומד בר”ה וזרק למעלה מעשרה. רואין שאם תפול אם נחה בתוך ד’ אמות...

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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 חייך”: ימי חייך – הימים, כל ימי חייך – הלילות. וחכמים אומרים: ימי חייך – העולם הזה, כל ימי חייך – להביא לימות המשיח. Rabbi Elazar...