Category: Process

The Burial Site of Rabbi Meir 0

Midrashei Halakhah

There are two kinds of medrash (which should technically be called “midrash” to be grammatically correct). Midrashei Aggada are non-halakhic statements, those of mussar, Jewish thought, Qabbalah, and the like. The thought is usually...

Rupture and Reconstruction at 25 Years 0

Rupture and Reconstruction at 25 Years

Twenty five years ago, Rabbi Dr. Haym Soloveitchik published “Rupture and Reconstruction: The Transformation of Contemporary Orthodoxy” in Tradition Magazine.1 The paper quickly became the topic of much conversation within the Orthodox community, including being...

Bottom to Top 0

Bottom to Top

1. The Setup A discussion on Facebook made me realize that my own attitude toward halakhah is quite different than Rav Hershel Schachter’s. If I thought there was only one right approach, I’d bet...

Textualism and the Mishnah Berurah 18

Textualism and the Mishnah Berurah

I Dr Haym Solovetichik, in his famous paper “Rupture and Reconstruction“, describes a difference between the the Mishnah Berurah and the Arukh haShulchan as follows: This dual tradition of the intellectual and the mimetic, law as...

Halakhah and Virtue Ethics 0

Halakhah and Virtue Ethics

In 1967 Phillippa Foote raised a thought experiment philosophers call the Runaway Trolly Problem. Here is how wikipedia describes it: There is a runaway trolley barreling down the railway tracks. Ahead, on the tracks,...

Baal Nefesh Yachmir 0

Baal Nefesh Yachmir

Continuing on the prior post… A recurring topic on Avodah is the Mishnah Berurah’s use of the concept of ba’al nefesh yachmir, that while the halakhah itself allows for some leniency, “one who masters...

Eilu va’Eilu part II 1

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:...

Halakhah and Orthodoxy 2

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...

Tzav 6

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...

Halakhah: Truth or Law? 2

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...

Today’s Daas Torah 2

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 14

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...

Midgets on the Shoulders of Giants 0

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 0

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...

Pesaq Without Resolution 0

Pesaq Without Resolution

In “Invoking Tradition” I suggested that the amora’im of the Yerushalmi would not add their own interpretations to the words of the tana’im. The traditions must be preserved in their integrity. (And in “On...

On Nets and Pieces 0

On Nets and Pieces

The story so far: In the first post, I suggested that it was Rav Yehudah, founder of the Yeshiva in Pumbedisa, who really developed the style of shaqla vetarya (dialectic) that we find in...

Invoking Tradition 3

Invoking Tradition

So, I recently described Rav Yehudah’s trip down to Pumbedisa, where he founded a yeshiva where learning was based on the dialectic method, the style of shaqla vetarya (question and answer) that typifies the...

Falluja 2

Falluja

Now that the US’s role in Iraq has formally changed, I want to mention something about the city of Falluja. During the early years of US presence in Iraq, we heard a lot about...

Balancing Community and Authenticity 6

Balancing Community and Authenticity

This post, like the one I blogged last week, reflects a conversation with R’ Rich Wolpoe and R’ Ben Hecht on NishmaBlog and email, on the topic of R’ Nathan Lopez Cardozo’s “On the...

Balancing Simplicity and Authenticity 40

Balancing Simplicity and Authenticity

This post is in response to R’ Nathan Lopez Cordozo’s “On the Nature and Future of Halakha in Relation to Autonomous Religiosity” on the Institute for Jewish Ideas and Ideals web site. First to...

Halakhah leMosheh miSinai 0

Halakhah leMosheh miSinai

מעשה ברבי ישבב שעמד והחליק את כל נכסיו לעניים. שלח לו ר”×’, “והלא אמרו חומש מנכסיו למצות?” ור”×’ לא קודם לאושא ×”×™×”? ר’ יוסי בר’ בון בשם ר’ לוי: כך היתה הלכה בידם, ושכחוה,...

Because they did not serve… 0

Because they did not serve…

In response to my previous post, Shmuel commented: “They learned facts from their rabbeim, but without spending the time that comes from watching them live, they didn’t learn attitude.” That statement alone is worth...

Reality vs. Potential 2

Reality vs. Potential

משנה אלו דברים שבין בית שמאי ובית הלל בסעודה בית שמאי אומרים מברך על היום ואח”×› מברך על היין וב”×” אומרים מברך על היין ואח”×› מברך על היום: Mishnah: These are the things which...

Modern Consciousness and Mesorah 0

Modern Consciousness and Mesorah

The Chief Rabbi Sir Jonathan Sacks wrote the following in an article included in the 1992 book, Rabbinic Authority and Personal Autonomy (Dr. Moshe Sokol ed.), pp. 165-167: [S]urely we are sociologically and philosophically...