Transcript
Auto-generated transcript. Not time-synced to the video.
Number one, how do we measure
rabbinic Judaism sort of one else versus
the Karaite? How we practice is so far
off
assuming that Moshe Rabbeinu or Bais
Yisrael practice.
>> Yeah. Yeah.
>> How do we know that this ultimately, you
know, how do we get here based on this?
>> You know, you know, there there is no
question that even the most traditional
person would have to admit if we were to
be transposed to the past and see Moshe
Rabbeinu keeping the Torah, it would not
look the same as we do today and for a
very simple reason because we have so
many rabbonim and gezeiros and takanos.
And so obviously Judaism is very very
different.
>> [snorts]
>> Uh but the traditionalist understanding
and this is where
you know, let's say Orthodox tradition
differs from the academic approach. The
academic approach views all of aspects
of Judaism as evolutionary and subject
to change. So they'll they'll say that
uh tefillin, you know, come from the
beginning of the second temple period or
whatever they would say.
Uh we do believe that there was an
unbroken continuity. You know, the
Rambam in the hakdamah to the Mishneh
Torah lists more than 40 generations of
people who were in charge of the
mesorah. Apparently it was it was almost
like a quasi-official position, a baal
mesorah, a gadol whose task in was the
preservation of the Torah shebaal peh.
And just like lawyers have what's called
a chain of evidence or a chain of
custody or something. So the Rambam says
there is a chain, you know, Moshe to
Yehoshua then he enumerates all the way
down uh to Ravashi. Now indeed after
Ravashi there's a little bit of a
disintegration of the chain of custody
and that's why you get different
minhagim, different uncertainties and
the like. The mesorah is not as fixed
from that point on. But based on our
tradition, uh we recognize of course
that even then many many Jews were not
keeping mitzvahs. Reading the book of
Malachim and then and the like and the
the the Nevi'im and obviously there were
Jews of avodah zarah, giluy arayos,
shfichus damim and everything else. But
we always believed there was a faithful
core that was holding on to those
traditions and they were nimser again
based on the Rambam's chain of custody,
all the way down to the time of the
Mishnah, the time of the Gemara, and and
the like. And then, after the after the
Talmud, we had the Gaonim. There was a
great deal of centralization, meaning
the Jewish world looked to the Gaonim of
Bavel, Sura and Pumbedisa.
Although Dr. Haym Soloveitchik posits a
third Babylonian Yeshiva. Okay, whatever
it would be, but there was a certain
centralization
that existed. Now, after the Gaonim,
that's when we start having real real
differences in Ashkenazim, Sefardim, and
the like, because there no longer was
centralization. Even someone like
Rabbeinu Gershom, who was the closest to
a centralized authority, that was
Ashkenazic. It was not over Sefardim and
and and and the like.
>> [snorts]
>> So,
within the branches, you can then have
individualized conformity. We can
certainly trace Minhagei Ashkenaz,
whether it's the German variety, the
Polish variety, Lithuanian variety. And
then, Sefardim, you have Tunisian,
Moroccan, Libyan, Iraqi, Syrian, and
[clears throat] the like. So, we can get
very definitely trace, as we get closer
to our time, we can trace the richness
and the particularity of branches of
Masorah. But when you're talking about
all the way back to Noach, it's very
murky. In other words, we have a picture
of it, but you have to accept it as a
matter of faith, meaning I cannot prove
to you from Noach, the text of Noach,
that there [snorts] was kind of an
unbroken Masorah of Torah She B'aal Peh,
because the Noach is more or less
relatively quiet about it.
So, there are a lot of things we accept
about being a Muna.
But, as I say, sometimes history itself,
the historical continuity of the Jewish
people,
might be evidence min Hashamayim that
we're going the right way. And the fact
that, as Rav Saadia Gaon wrote, "Einu
umma ela b'Torah."
We a nation
because of Torah. Without the Torah, we
would have disappeared.
There wouldn't have been a Jewish
people. You know, Mark Twain
uh
you guys all know you're American. If
you're Americans, you know Mark Twain.
If you're not, maybe you don't. But
famous American non-Jewish writer
wrote he was accused at one point in his
career of being anti-Semitic. So he
wrote a a long article, kind of some of
my best friends were Jewish type of
thing. But but in that article, and he
was a wonderful writer, he talks about
the wonder of the Jewish people that the
Babylonians and the Romans and all the
great world empires of the ancient world
tried to destroy this little nation, and
this little nation survives.
And it's really a miracle. In fact, the
Jewish continuity is is one of the
reasons
that there is a God and etc. And that
comes from our connection to the
Masorah, you know? So
that's what I would say. But obviously
um
it's much easier to trace the specific
Masorahs like Ashkenaz, Sepharad, Temani
than than it is to go all the way back
to the biblical time. Now, Rav Saadia
Again, there seem to be two pictures
about this. I want to just mention this
to be a little complete.
The standard picture we have is the
picture drawn by the Rambam
in which he basically says there always
was this Torah she baal peh and it
remained constant etc. It was handed
down generation to generation. And
therefore, even if it doesn't mention
it, it's there. It's behind the scenes.
It's always there. It's ever present.
But then I don't to say there is an
alternative picture a little bit that's
not fleshed out entirely by Rav Tzadok
of Lublin
in which he emphasizes that there is no
question that the the personalities of
the Torah she baal peh emerge
uh during the second Beit Hamikdash and
afterwards.
Like the earliest Tanna is said to be
Shimon HaTzaddik who was a
Kohen Gadol in the early years of the
Bayit Sheni.
And he actually says that religious life
in the first Temple period
was largely a prophetic religion rather
than a rabbinic religion in the sense
that there was Ruach Hakodesh, there was
prophecy. Uh it was not so much people
studying texts and debating and arguing
over it. Now, as I say, the Rambam had a
deliberate theta to exclude prophecy
from the Halakhic process. The Rambam
goes over and over again based on
Gemaras. A navi does not have permission
to add so the Rambam essentially
projects backwards in time
all of the machloket tanam and
discussions. He says it happened in the
biblical times as well.
Because the Rambam refuses to
acknowledge prophecy
as a formative influence
in Halakha.
And that's kind of the standard picture
that we've absorbed in Yeshivas. I think
that's the standard picture we
understand that all there is is Torah
Shebichtav and the kind of pilpul and
transmission of Torah Shebe'al Peh. But
Rav Tzadok suggests
that perhaps prophecy had a much more
powerful role in religious
uh life and in religious decision-making
than uh we often give it credit for and
rabbinic Judaism is a product of the
second Temple and afterwards when there
was no prophecy. So there are
alternative views to the uh to the
Rambam. By the way, Rav Kook points
>> Rav Tzadok? Where's the Rav Tzadok?
>> Uh it's in a few places. I I can I you
know, he has a sefer Divrei Sofrim. I
can just Divrei Sofrim.
>> [snorts]
>> Uh those of you who heard of uh
Professor Yaakov Elman uh zichrono
livracha was a very very very saintly
person at Tal Midrash Chaim
as well as a brilliant academic. Uh he
has a very very wonderful article on Rav
Tzadok's view of Torah Shebe'al Peh
in which he summarizes. It's in It's in
one of the old Tradition magazine
journals. I want to put down an
interesting observation of Rav Kook.
Rav Kook says, you know, we know there's
the Bavli and the Yerushalmi. Both of
them are of course products of rabbinic
Judaism. But the Bavli is much longer
than the Yerushalmi. The Yerushalmi
tends to be very makhtser in sugyas.
So, Rav Kook said the following. He
says, "Even though the Yerushalmi is
certainly a product of rabbinic Judaism,
but it is connected to prophecy and
ruach hakodesh in the sense that if you
analyze a typical Bavli sugya,
the Bavli, a product of the galut,
reaches its conclusions by process of
elimination.
As if to say, "Let's consider this
possibility. No, can't do it because
that contradicts that. This possibility
contradicts that." So, the way you get
to the truth is not by directly coming
to the truth,
but by eliminating all the other
possibilities.
That's the notion of you're looking in
the darkness
for truth. So, it's not here, not here,
not here, not here, not here. Got to be
here. The Yerushalmi has more of an
intuitive approach to things. A question
is asked, an answer is given. All of the
steps are not spelled out. All of the
alternative possibilities are not
considered. Rav Kook said, "That is a
type of reasoning that is more
intuitionistic,
more based on kind of a prophecy or
ruach hakodesh. And even though prophecy
technically did not exist at that time
anyway, but this was a residual within
Eretz Yisrael of a certain ruach
hakodesh that's operating." So, Rav Kook
is saying an idea that's a little bit
similar to what Rav Sadoq is talking
about. And Rav Kook says, "It's
precisely the fact that we are not under
madregas of ruach hakodesh and the like
that we often don't fathom the
Yerushalmi. It's like the Yerushalmi
comes from A to Z without spelling out
the intermediate links, as opposed to
the Bavli that tends to spell out things
more because we don't have that
intuitionist grasp. Einstein described
that was his approach to physics. You
know, uh physicists say that part of why
the theory of relativity is so hard is
because Einstein never worked out all
the math, meaning if somebody else would
have come to that theory 20 years later,
a lot of things would have been worked
out. Einstein himself said he thought in
pictures. He didn't think in logical
linear processes. He just kind of went
from A to Z
and as a result it's very hard to
reconstruct the intervening links.
As Cook writes, that is what you shall
me is like.
So, it's very very interesting that
perhaps there are different models of
Torah Shebal Peh and Mesorah that that
might have existed. Now, this is a very
very fundamental question in many many
areas of Halacha and that is to what
extent can Halacha be adjudicated,
reversed
based on factual knowledge that may not
have been known to an earlier generation
or may have been erroneous. And let me
just give you a few examples. One
example is your very question. The
Rishonim are debating a historical
question. Was Rosh Hashanah observed one
day in the Eretz Yisrael after the the
Hurban or was it two days? So, the
question becomes let's assume we could
discover conclusive historical evidence
that it'll be one day, would that change
Halacha?
Other example, which is very very
striking,
the Gemara in Shabbat says and the
Shulchan Aruch so paskens that you're
allowed to kill a louse, a kina, on
Shabbat. I can kill a lice on Shabbat
because the issur of taking a life is
only for things that reproduce through
sexual reproduction, zachar unekeiva,
and lice, it is said in the Gemara, do
not produce sexually, they produce
through decaying matter and it is
spontaneous what we call spontaneous
generation, therefore it's mutar. That
is a ruling in the Gemara. Now, we know
that by and large scientists claim that
spontaneous generation does not exist.
You will not get life from decaying or
rotting meat or whatever it would be,
and as a result there is a tiny Mr. and
Mrs. Lice there that do produce. Now,
this is extraordinary because
made a halachic kula to mature an issue
deoraita based on a scientific
assumption that is largely said to be
wrong. It's one thing to say we're going
to be strict. For example, the two day
Rosh Hashanah thing I could give you I
could just push you off although I'll
give you a better answer and say well,
listen, we're stuck with it. The minhag
is two days, we're not going to change
it. But with the lice it's much more of
a problem, you see, because there you're
maturing an issue deoraita based on
faulty faulty science.
All right, so that's another example.
Now, a third example which is more
systematic is the discovery of new
manuscripts, particularly in the 19th
century, in the Vatican and in many many
libraries.
Manuscripts, that's why we have so many
Rishonim that that come out of Rishonim
and even of manuscripts of the Talmud
itself. Now, you go back to classic
halachic literature and the Beis Yosef
or whoever might say, "We pasken so and
so because rov Rishonim say X."
Okay, rov Rishonim because he had like,
you know, five Rishonim and three out of
five. We now discover 25 Rishonim and it
turns out instead of being a five to
two, it's now a 22 to five. So, should
we change the halacha based on the newly
discovered information in terms of
girsa, in terms of nusach, in terms of
Rishonim and the like? Right, that's
another example.
So, [snorts]
let me start with that example because
there we there we have the most well
documented. So, it was yadua that the
Chazon Ish
had a shita that he would not rely on
any newly discovered evidence to change
halacha because he adopted what you
might call a counter-mesorah tradition.
He said the following. He says, "You
know, even if something was wrong,
if Hakadosh Baruchu
enabled it to enter a certain living
tradition of Judaism, the tradition of
Beit Yosef and the post game,
right? That becomes That becomes That
becomes the halacha, even if actually it
is not correct, meaning that the kind of
hashgacha pratis of God withholding
certain information at certain times.
Right? So, that That was the Chazon
Ish's opinion. Other Others disagreed
with that orientation. I will tell you a
very fascinating Ramban.
You know, the Ramban, as I think I
mentioned 2 days ago, came to Eretz
Yisrael towards the end of his life,
and um he discusses at the at the end of
the Chumash, a little note at the
Chumash at the end of his parish,
that there's a machlokes Rashi and
Tosfos, what is the silver weight of a
half shekel that you have to give
uh for the Beit Hamikdash, and the the
five shkalim for pidyon haben. Machlokes
Rashi and Tosfos. So, the Ramban writes,
he bought a half shekel coin from an
Arab
that was printed that was minted in the
time of the Second Temple, and he
carefully weighed it and the like, and
he came to the conclusion that Rashi,
who had never seen a half shekel coin,
Rashi was correct over the Baalei
Tosfos, and there you actually see that
the Ramban said, "And this is how we're
going to pasken, because we have
measured it." So, the Ramban was willing
to use archaeology to be machria in a
machlokes Rishonim. Uh K'zayis is
another example. Many of you probably
know of uh Rabbi Natan Natan
Natan Slifkin.
>> All right.
>> Uh
>> [clears throat]
>> controversial guy. I I really really
feel sorry for him. He's a obviously a
very brilliant accomplished person. Uh
and don't tell anybody, most of what he
said Most of what he says is correct. Uh
I will say that unfortunately, you know,
uh
this is human nature. A person is
attacked, so they attack back. So, so in
some ways
>> It's too much.
>> is attacking back
has caused him a lot of sorrow. So, the
one 100% I understand why a person would
respond that way.
Uh but uh one of his big campaigns, and
he's not the first one, uh is the idea
of kazayis. You know,
right I see right uh the shiyurim for
all the mitzvahs. Matzah, maror,
whatever it is, you got to eat a
kazayis. How big is a kazayis? A tennis
ball, a bowling ball? What what is a
What is a kazayis? A kazayis means an
olive.
The volume of an olive.
Okay, there are big olives, there are
small olives. Take your biggest olive.
It's a big olive, let's say. Even though
halachically it's a middle olive, but
let's let's take it a big olive.
You're not going to get, you know, a
whole matzah shmurah, what what whatever
it would be. So, uh they start to paint
it, well, we have to posit that the
olives used to be gigantic in those
days, you know, and etc. etc. And
therefore we got to go with the original
size of kazayis. But then we have,
you're 100% correct, we have
archaeological evidence
that the kazayis were either the same or
maybe were smaller.
Right, we don't find like super gigantic
olives or or whatever it is. So, what
does that mean? Does that mean a kazayis
should be, you know, a little piece of
matzah? Now, the truth of the matter is
in in the old Lithuanian tradition, it's
it's recorded Chaim Volozhin, Chaim
Volozhin
told people
if you take a piece of matzah that
covers your palm
your palm, not even your fingers, that's
a kazayis. Kazayis, which roughly would
be, you know, a big olive if you crush
it up and the like.
So,
it's very confusing. Again, some say
once it becomes part of the mesorah, you
got to follow it.
Others say realistically, these things
ought to be changed by facts.
Now, with respect to kinnah, kinnah is
probably analytically the most difficult
problem. And let me just point out that
Rav Dessler
adopts what you might call a mystical
theory of halacha. Rav Dessler says
Hashem would never allow Khazal
to make mistakes and mislead Am Yisrael.
>> What about the power of El Am Davar?
El Am Davar is not
>> Yeah, well, we do Yeah, you're right.
That That's one instance where where it
does happen.
Um but at least
maybe when there's no base on mikdash,
he says, you know, there's no corrective
mechanism. So, he says, if Khazal matir
kina,
it must be that it is mutar even though
the reason they gave
was an incorrect reason.
It It's a very reminiscent
of a famous maaseh involving Rav Chaim
Soloveitchik, Rav Chaim Soloveitchik,
the great uh gaon of Brisk,
known for his deep but the deepest of
analytical thinkers. Rav Chaim
notoriously hated the pasken shailos. He
refused to pasken even He was the rav of
Brisk, he would not pasken shailos in
Brisk. He had dayanim. And when Rav
Chaim had a difficult shaila, he would
send it to the posek hador,
who was Rav Yitzchak Elchanan Spektor.
Why you was named after Rav Yitzchak
Elchanan Spektor. So, legend has it, I
can't say that it's true, that whenever
he would send the shaila to Rav Yitzchak
Elchanan Spektor, he would say, "Please
give me your psak. Just tell me mutar or
assur. Don't give me I don't want to
hear any reasons."
Why? Because your reasons I'll probably
argue with. Your logic is probably
faulty based on my Brisk amkus and the
like, but I believe as posek hador,
you'll come to the right answer
even if you have the wrong reason.
That's a very mystical
theory of halakha, but it's kind of what
Rav Dessler was saying about having gas
kina. So, this is a very long-winded
non-answer to your question. I mean, I
realize your question basically is,
"Can we change halakha based on factual
discoveries?" It really depends on the
idea of whether errors in the mesorah
get assimilated into the mesorah itself,
and do I regard that as a hashgacha
pratit, that it was the ratzon Hashem
that halacha move in a certain
direction, even if that was not a
factually accurate situation.
>> [clears throat]
>> Excuse me, the Chazon Ish I think would
take the position that things don't
change. Others might be a bit more more
progressive. Now again,
even if you believe things change, God
forbid, don't confuse that with reform.
It's a very much I mean it's very much
the opposite. Reform is changing. Here
we're trying to come in connection to
what was the original matius. It's it's
it you know it's superficially it may
sound like a reform type of thing, but
analytically it's exactly the opposite a
process. It's la hachzara Torah atara
liyoshna. So, it's a hard it's a hard
it's a hard question. Oh, let me give
you another example that's very
fascinating. Comes up a lot. Those of
you maybe some of you have learned this.
Uh the status of stainless steel pots
and ble'ah.
>> [clears throat]
>> You know, it's actually axiomatic,
right, the first law you learn in
hilchos kashrus
is that a pot absorbs that which you
cook in it, whether it's treif, or
whether it's milchik or fleishik. And as
a result, if you [clears throat] cook
you know, meat in a milchik pot, or you
cook kosher in a treif pot, the that
which is absorbed goes into the
food, and unless you have 60, etc.,
right? This is the the basic structure
of why you need separate milchik
fleishik stuff, why you have to kosher
treif kitchens.
So, scientists now say
that stainless steel
they've they test it, actually does not
absorb any detectable
food residue bichlal. Like the whole
concept of modern I you know, cast iron
does, right? If you have There are
materials that do. The materials in
Chazal's time did, but tempered steel
actually does not seem to have absorbent
properties. So, the question now
becomes, so are we going to now take the
position I can use a stainless steel pot
for milchiks and fleishiks, because
there's no milk that was absorbed,
there's no meat that was absorbed. I
don't have to kosher stainless steel.
It's a lively debate. Um There are those
who actually take the position that
stainless steel
does not have to be koshered at all.
That's a minority position, as you would
say. Others say, you know, we have this
masorah that everything that's metal is
bole'ah.
We are not allowed to kind of make
changes in those assumptions. So, the
controversy comes across in many, many,
many, many areas.