Parsha: Mishpatim, "Following the Majority Opinion"

Mishpatim: Following the Majority Opinion

A story about Rabbi Akiva, when the famed second century Talmudic sage was a young scholar...

Rabban Gamliel, the head of Sanhedrin, hosted a gathering of scholars in the town of Jericho. The guests were served dates, and Rabban Gamliel honored Rabbi Akiva with reciting the brachah achronah (final blessing). However, Rabban Gamliel and the other sages disagreed about which blessing should be said after eating dates. The young scholar quickly made the blessing - in accordance with the opinion of the other rabbis.

"Akiva!" exclaimed Rabban Gamliel. "When will you stop butting your head into Halachic disagreements?"

"Our master," Rabbi Akiva replied calmly, "it is true that you and your colleagues disagree in this matter. But did you not teach us that the Law is decided according to the majority opinion?" [Brachot 37a]

In truth, it is hard to understand Rabban Gamliel's criticism. What did he expect Rabbi Akiva to do? Why was he upset?

Two Methods to Resolve Disputes

In order to resolve legal disputes, there are two methods a scholar may use to decide which opinion should be accepted as law.

The first way is to conduct an extensive analysis of the subject to find out the truth. We examine the issue at hand, weighing the reasoning and supporting proofs for each view, until we can determine which opinion is the most logical.

However, if we are unable to objectively decide which opinion is more substantiated, we fall back on the second method. Instead of the truth, we look for consensus. We follow the majority opinion - not because it is more logical or well-reasoned - but out of the simple need to establish a normative position and avoid disagreement and conflict. If we are seeking consensus and peace, then the most widely held opinion is the preferred one.

Rabban Gamliel was critical of Rabbi Akiva because he thought the young scholar had had the audacity to decide which opinion was the correct one. Therefore he castigated him, "When will you stop butting your head into these legal disagreements?" In other words, where did you get the idea that you could use your head - your own powers of logic and reasoning - to decide issues that are beyond your expertise and knowledge?

Rabbi Akiva responded that he hadn't presumptuously tried to decide which opinion is correct. Rather, he had simply applied the second method of resolving a legal dispute: deciding the issue by consensus, according to the majority opinion.

- [adapted from Ein Ayah vol. II, p. 176]


Shalom,

RRW

P. Mishpatim - Midrasho vs. P'shuto

See Mishpatim 21:28
Rashi: "Baal Hashor Nakki"

The Halachah is "Midrasho"
P'shuto is something else.
So - as per Rashi - a Halachic translation here would be "al pi midrash, even though it is based upon Midrash Halachah and not upon Midrash Aggadah.  P'shat - while not anti-Halachic - does not [necessarily] imply the Halachot derived here.

Shalom
RRW

Parshas Mishpatim: There Are No "Alternative Facts"

From RRW

We would like to blog Rabbi Eliyahu Safran on the parsha. Hope you enjoy

Baltimore Jewish Life | Parshas Mishpatim: There Are No "Alternative Facts"

P. Mishpatim 1 - "Et Ishti" The Question

Originally published 1/27/11, 9:01 am.
I posted the following in the Leining discussion group:

See Shemot: 21:5 "et ishti."
Rashi - [namely] the shifchah.
Rashi makes perfect sense because, after all,  his regular wife goes out with him...
My query is about the term ISHTI. How is this applicable to a woman who is not his lawfully wedded wife, and is merely given over to produce children for the Adon?
The terminology ISHTI seems a bit strange because she never really belongs to this eved Ivri in the first place.
Any suggestions?

Shalom,
RRW

P. Mishpatim 2 - "Et Ishti" The Answer

I received this answer
From Gershon Eliyahu
Aka
Giorgies E. Kepipesiom


«For that matter, bonay is equally troublesome, as the children are not legally his sons, they are the adon's property, they have no yichus to the eved ivri, for example, if he later dies leaving no other children alive, these do not exempt his lawful wife from yibbum or chalitza.

My guess: the key word is "ahavti". True, she is not his, and not his wife. But he has fallen in love with this woman and these children. He is using the possessive forms ishti, bonay, in the sense of "I love this woman as if she were my wife, I love these children as if they were my own sons.

GEK»

I said "this makes sense to me" and I received GEK's permission to share.

Shalom
RRW

Mishpatim: Understanding Torah

From the archives of Nishma's Online Library at http://www.nishma.org/, we have chosen an article that relates to the week's parsha, both to direct you to this dvar Torah but also for the purposes of initiating some discussion.

This week's parsha is Mishpatim and the topic is mitzvot we understand and mitzvot we don't understand. Most significantly, what we understand may actually change over time. Certain laws which were presented as understandable in the past are now deemed not understandable. And other laws which were described as beyond human comprehension in the past are now seen as making sense. What does this indicate about the human interaction with Torah? We invite you to look at an article on this topic at http://www.nishma.org/articles/insight/spark5755-13.htm.

Parsha: Yitro, "Navol Tibbol", Torah as a Co-operative Venture

originally published on 1/12/14

Let's recall Yitro's Mussar to Moshe Rabbenu. Moshe Rabbenu himself couldn't handle the sheer volume of Bnei Yisrael's legal cases without a ranked system of judges beneath him. 

We can easily understand why it's necessary for "G'dolim" to address knotty issues like agunot, defining death, etc. Yet if Moshe Rabbenu  couldn't manage it all,  then al achat kama vakammah, g'dolim today could be overwhelmed too! If it were required that each Rav master every Halachic complexity, then everyone, individually, would face "navol tibbol."  We'd be overwhelmed by the Yam Hatalmud, and Pos'qim, Chas v'Shalom

So it's mistavra that the role of Sarei alafim etc. is just as vital to avoiding "navol tibbol" as Moshe's own role on the top of the pyramid. Local Rabbonim, G'dolim, and any "vaad" or Dayan in between, all play necessary roles in this legal mechanism.Therefore, all levels really need each other. Recall, no one Jew can do all 613 Mitzvot! 

It seems this is the Mussar Heskel from our Parshah: Torah is a co-operative venture


Shalom,
RRW

Yitro: Emunah

Originally posted Jan. 23, 2016
 
From the archives of Nishma's Online Library at http://www.nishma.org/, we have chosen an article that relates to the week's parsha, both to direct you to this dvar Torah but also for the purposes of initiating some discussion.

This week's parsha is Yitro and the topic is emunah, which is generally translated as faith or trust. The question of how to translate the word actually reflects an issue involved in understanding the word. Is emunah something we control or is it a natural response of one's being? We invite you to look at an article on this topic at http://www.nishma.org/articles/insight/spark5754-17.htm.

Parsha: Yitro, "2,000 Years Without Torah"

originally published on 1/12/14

Someone recently asked me the following question:

If the Torah is the guidebook for life, how could humanity have survived without this guidebook for 2000 years? In other words, why did God wait for 2000 years before giving the Torah?

I look forward to the ideas and to the discussion in your comments.

Shalom,
Rabbi Ben Hecht

P. Yitro - Last 3 Mitzvot, the Questions

Originally posted Jan. 23, 2016

 There are 3 mitzvot at the end of P. Yitro that are wedged in between the end of the 10 Dibrot and P. Mishpatim.
What are they?
What underlying theme connects these three together?
Hint: one is explicit, the other 2 are only subtly connected.

Shalom,
RRW

P. Yitro - Last 3 Mitzvot, the Answers

Originally posted Jan. 23, 2016

The 3 mitzvot are
1 "Lo Ta'asoon iti ...elohei chessef..."
2. "Mizbach adama.." thru "ki charb'cha..."
3. "V'lo ta'aleh b'ma'alot...Asher lo tiggaleh ervatcha..."

The common thread?
1. Idol Worship
2. Murder [charbecha]
3. Gilluy Arayot [explicitly so]

These constitute the 3 "cardinal sins" - albeit the last two are "subtle / abbizraihu" cases related specifically to the Mizbei'ach.

Shalom
RRW

Parsha: Yitro - How to Divide the Asseret Haddibrot?

originally posted January 23, 2013

How are the "10 Commandments" to be parsed [i.e. enumerated into different commandments] according to:

A. Hazal?

B and C. The Masoretic text?
[two different answers]

D. R Wolf Heidenheim? -

Wolf Heidenheim - Wikipedia, the free encyclopedia
http://en.m.wikipedia.org/wiki/Wolf_Heidenheim



-----------------------------------------
Shalom and Best Regards,
RRW

MISTAKES are always forgivable
If you have the courage to admit them.

Yitro: The Flow of Sinai

Originally published 2/13/09, 11:45 AM.

To many, the goal of religion is to attain a greater and greater religious or spiritual experience. Within the realm of Torah, though, the Jewish nation has already reached the pinnacle of religious experiences, the Revelation at Sinai. So what then is the Jewish religious experience or process through life?

Rabbi Hecht addresses this issue in an Insight from 5758 available at http://www.nishma.org/articles/insight/insight5758-13.htm

Haftarat Zachor - Onomatopeia

Notice the Onomatopeia "MEH" as the prophet Sh'muel rebukes the King Sha'ul

שמואל א פרק טו

יד וַיֹּאמֶר שְׁמוּאֵל, וּמֶה קוֹל-הַצֹּאן הַזֶּה בְּאָזְנָי, וְקוֹל הַבָּקָר, אֲשֶׁר אָנֹכִי שֹׁמֵעַ. 
Kol Tuv,
RRW

Sinat Chinum - Purposeless Hatred

Originally posted, on Nishmablog, July 7, 2010
*****

We are told that the churban Bayit Sheni, the destruction of the Second Temple, was a result of sinat chinum. But what does this term mean?
Most define it in the realm of "cause", focusing on a negative cause for hatred -- which is then expanded by many individuals to include any reason for hatred.
Is it true that there are no possible acceptable or even good reasons to hate? More significantly, though, is one able to control this emotional response of hatred?

Reviewing the sources seeming about the concept of sinat chinum brings someone into the general halachic discussion on hatred in general.  This discussion focuses on how one should deal with this emotion, and what is the correct effect of hatred, not on hatred's cause. In this light, the term sinat chinum may not really be describing anarchy in the causes of hatred but rather anarchy in the effects of hatred.

Further on this subject, I invite you to read a further discussion of this issue in Nishma Insight 5757-22,23: Defining Sinat Chinum on the Nishma website.

Rabbi Ben Hecht

Mitchell First: Esther Unmasked

Exploring mysteries - The Jewish Standard
http://jstandard.com/index.php/content/item/32540/

«According to Teaneck's [Beth Aaron's] Mitchell First, Queen Esther and King Achashverosh can be identified with the Queen Amestris and King Xerxes Greek historians have mentioned.

How he reaches this conclusion is outlined in his newest book, "Esther Unmasked: Solving Eleven Mysteries of the Jewish Holidays and Liturgy," published by Kodesh Press, released this week just in time for the annual Yeshiva University book sale that continues through February 23.»

Kol Tuv,
RRW

P. Trumah - Asher Yidvenu Libbo

Rabbi Yechezkel Freundlich has done it again. See and enjoy this adorable clip:

http://koshertube.com/videos/index.php?option=com_seyret&Itemid=4&task=videodirectlink&id=10094

Shalom,
RRW

Matot: You and Your Shulchan Aruch are Going to Treif up My Kitchen!

«Rabbi Dov Linzer, Rosh HaYeshiva and Dean of YCT Rabbinical School.
Thursday, July 17, 2014

A Thought on the Parasha

The Vessel or What's Inside of It?

A story is told that when Rav Soloveitchik's wife Tonya, z״l, was hospitalized due to an illness, he [IE the Rav] and Haym had the run of the house. Following the technical laws of kashrut, they proceeded to eat cold milkhig food on fleishig dishes. When Tonya returned from the hospital, she was apoplectic. The Rav explained that he was doing nothing more than following the halakha of the Shulkhan Arukh, to which Tonya replied: "You and your Shulkhan Arukh are going to treif up my kitchen!"

http://www.rabbidovlinzer.blogspot.com/2014/07/a-thought-on-parasha_17.html


Kol Tuv,
RRW

Can there be a Modern Day Korach?

Could it be that in this day and age we have people whose inspiration is Korach? And whose role models resemble Datan vaAviram?

Take for example Rabbi "Mered". A born rebel by nature, his main purpose in studying Torah is to show how everyone - especially rabbis - are wrong. The more wrong rabbis, the merrier!

Here are some telltale signs of the Modern Korach..

A. He looks to defy the establishment in general, the rabbinical establishment in particular

B. He shows up the "Moshe Rabbeinus" of his day with twisted or specious arguments, standing the simple understanding on its head

C. He posits that Torah is truly an egalitarian document by echoing "ki chol ho'eidah kullam Q'doshim ..."

D. He defends his minority point of view by arguing "So too were Koleiv and Yehoshu'a only a minority report". As if to say being a minority means he's correct somehow. Nd
While that's true that Koleiv-Yehoshua were indeed a minority - unlike Rabbi Mered - they did it to buttress Moshe Rabbeinu, not to defy him.

E. He will attempt to trump the authority of all rabbis by arguing from "higher authorities"

F He is continually stirring up machloqet.

G He will fail to see himself in any of his own attacks. IOW he lacks the introspection to see that he does the very things he attacks.

I. He holds platitudes such as "honesty" over the heads of his targets, yet isn't above cherry-picking
sources to further his own agenda.

If you run into some-one who fits this description you have found a Neo-Korach. For the mystically- minded maybe you've met Korach's "gilgul"

Disclaimer: while I myself have not met anyone who fits this description, it's possible that a composite made up of several people's characteristics would indeed resemble this portrait.

KT
RRW

Shabbat Hagadol: How can an Am Ha'aretz lead a Seder and not Know Hallel?

The Tosefta on P'sachim [Pischa] states that after one leads the Seder, if he cannot do Hallel, then they met in public at shul and said Hallel as a K'hillah.
My question:
How can who is someone too ignorant to recite Hallel, successfully lead a Seder?

And this dilemma had bothered me for many years.

Then, via Hashgachah p'ratit [after all I am a mashgi'ach] I heard R David Halivni [RDWH] speak during a Shabbat Hagadol D'rashah as follows.

Why was the passage of Arami Oveid Avi [and its Midroshim] chosen for the core of the Seder? After all many other Torah passages relate the Exodus, some of them more robustly?

Answer: every farmer [peasant?] knew how to recite Arami Oveid Avi. After all they had to recite the vidduy when bringing bikkurim and so it was something they had to learn. Following Sh'ma, it was probably the best known passage among Amei Ha'aretz in Ancient Israel.

This approach answers my question, too

Namely -
How can an Am Hakaretz lead a Seder and not Know Hallel?

Answer: every farmer [peasant?] new how to recite Arami Avi due to the Vidduy of Bikkurim. Following Sh'ma, it was the probably the best known passage among Amei Ha'aretz in Ancient Israel. OTOH, Hallel might not have been so well-known, because they just followed along in shul, etc. They did not need to recite for themselves.

This explains the Tosefta's case which is otherwise a bit obscure.

Kol Tuv,
RRW