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Understanding Rabbinic Judaism - Rabbi Benzion Klatzko - Library of Torah Thought
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Transcript
Auto-generated transcript. Not time-synced to the video.
Last week we spoke about what is called
de oraita. De oraita means from the
Torah. Even though it was given orally,
the the that that oral stuff is not
rabbinic. The rabbis did not make up
that filling is a blocks of straps. That
is
a very legitimate
uh oral law. Uh that's a very legitimate
oral law law. And that is not rabbinic.
Uh like shaking an esrog, that's not
rabbinic. Shaking the the a citron, that
is from the Torah. So,
the that's the first thing that people
get confused about, and we just have to
make a clear line. That's not rabbinic
Judaism. That is Torah Judaism that was
given over orally by God to Mosha,
explained over a 40-year period to the
people in the desert. It ended up
being written down by Rabbi Judah the
Prince.
Uh and it was written down almost a
little bit less than 1,500 years, about
1,300 years after the Torah was given,
but that was never that was never uh
rabbinic uh Judaism. That was always de
oraita Judaism. Now, we are up to today.
So, so what is rabbinic Judaism? Or even
so, what power do the rabbis have?
Why do they even make laws?
So,
on a very very simple level,
you would expect we would expect any
society
to have a a
some sort of jurisprudence,
some sort of a mechanism where things
can adjust and change so that society
can continue to survive and thrive
through uh through the millenniums,
right? Through through history.
So, it's not it's not surprising
that
there is a uh a governing body in
Judaism that helps craft and direct the
Jewish people.
Uh in the same way that we wouldn't
expect
not the Declaration of Independence and
not the Bill of Rights to be the the
bottom line in how we live as Americans.
But we expect there to be Congress, and
we expect there to be uh a Supreme
Court, and we expect uh as new cases
come up, as we learn about, for example,
we'll learn all about uh
uh
genetics, so we'll learn about grafting,
we'll
technology that they simply didn't have.
There was no way to uh there was no way
that the founding fathers of America
were able to uh foresee Twitter.
And whether Twitter has the right to
censor
different uh different folks and what
they have to say. Like these are things
that we need that that need to be
dynamic. In that same way,
you would expect
any society that that functions to have
that mechanism in place where you have
living and breathing human beings that
can help direct and lead the society as
things change. There was a a person who
wrote a book. He's a not a Jewish
fellow, and he's a person who writes
very interesting books uh about his
experiences. So, he the that he wrote a
book called My Year of Living
Biblically.
I basically said, "I'm going to live
exactly according to the Bible. And let
me see if I can function." And guess if
he was able to. Of course he wasn't.
Because without the oral law, I said you
don't even know what don't kill means.
Does that mean I can't go to war? Does
that mean I can't put a murderer to
death? Does that mean I can't be a
doctor and perform a surgery cuz I may
kill the person? Like you you can't
function. So, certainly
this person who lived a year biblically
was a was a big flop. Or like for him it
wasn't a flop, he wrote a book about it,
but it came out to be sort of a joke.
So, point number one is you need a
governing body, and the the book alone
is not enough.
Now,
how do we know that there is authority
in that governing body? So, the answer
is the Torah mentions
uh in in a number of places
that the leaders of the generation
should be listened to and heeded.
It mentions in a few different verses
uh as I shall make a tira for those of
you who know the Hebrew. The rabbis that
includes the Torah scholars.
Uh the everything they say you should
listen to in terms of the how Jewish law
evolves. Uh there were
uh shoftim v'shotrim, there were judges
that were uh
uh that were put in all different parts
of the land. It was never meant to be a
book and just do what it says in the
book. There always had to be leadership.
That's how you would expect it. Okay.
But what are the limits of that
leadership?
Or as we would say, what are the checks
and balances? Now, what
what stops there from being some sort of
a dictator or some sort of an ogre or
some sort of a uh uh
egomaniac that comes up there and just
just decrees
uh things that eventually end up in
jihad and end up in in in in
destruction? W-
Why wouldn't that happen?
So, there's a few things to know. Number
one,
we know it doesn't happen because our
history proves that it doesn't happen.
We don't have a single character in
Jewish history that the Jewish people
have granted that kind of power
towards.
Interestingly enough, even kings
had checks and balances in Judaism,
which which was unheard of in Rome or
Greece or or Persia. W- Even kings had
checks and balances.
As a matter of fact, a king
uh as a special mitzvah, it's this not
very well known, but uh it was known for
the kings, that a king had to write not
one but two Torahs.
That means a king
uh writing a Torah is long. It has over
300,000 letters. It's a very big thing
to write a Torah, and it has to be
written on parchment with a quill in a
certain way. So, a king had to moonlight
as an actual scribe.
And
not only did he write two Torahs,
but one of the two Torahs
actually h- he had to write very small,
and it was bound to his arm, his other
arm, like the filling were bound to his
left arm. On his right arm he'd have a
Torah. So, if you picture a Jewish king,
you may picture a guy with a scepter,
but actually you should picture somebody
with a Torah strapped to his arm.
Did you know that? It's like very
interesting. A miniature Torah strapped
to his arm like filling.
And the lesson was clear. The lesson is
that you don't have absolute power,
right? Absolute power corrupts
absolutely.
So, Ju- Judaism never allowed for that.
A great example of
the lack of dictatorship
would be what happened two weeks ago.
There was a very great rabbi in Israel
who passed away. His name was Rabbi
Chaim Kanievsky. He was, you know, the
by all accounts the greatest rabbi alive
today. He had nearly a million people at
his funeral. And he had he had no power.
I mean, meaning like he couldn't decree
anything, he couldn't throw anyone in
jail, he couldn't enact a fine.
He would say things people would take it
seriously because he was what's called a
godol. He was a He was a big person.
The rabbis
uh
don't have that kind of power, and they
never did.
And one of the reasons why is that in
general, rabbis are not elected.
When you're not elected, well, you could
be a rabbi of a synagogue, be elected by
the uh it's important to know that when
we say rabbi, with this rabbi, there's
rabbi, there's rabbi, there's rabbi. I
could be the rabbi of Hillel, but come
on, you know, you you may or may not
know what you're talking about. I write
a pulpit rabbi could be a great Torah
scholar, or he could be a great orator,
or he could be a great fundraiser, but
there's a position called rabbi. That's
not what I'm talking about. I'm talking
about the sages,
the the ones that we all look up to for
guidance and advice and and and
inspiration. Those people are not
elected.
And it's important to know that cuz if
you're not elected, that means you don't
have to pander to special interests.
Normally, when somebody is elected, how
does it work?
When a person's elected, they simply
find a group of people that will vote
for them, and the higher they go in uh
in office, the more groups they have to
get to vote for them so that they will
uh be elected. And the more groups that
you need to vote for you, the more
groups you need to pander
to. So, it's very interesting. Most
people who are voted today, I believe
people who run for office,
maybe in the beginning they were very
sincere.
Right? Maybe they were it was just a a
mother who saw that there needed to be a
traffic light on her street corner, and
they weren't putting it on, so she went
around getting people to sign a
petition. And she got that traffic light
put in the street corner, and it made
the street safer for children to cross.
And her neighbors came to her and said,
"Hey, you should run for office. Look,
you get things done." So, she thinks,
"Oh, that makes a lot of sense. I'm
going to start running for office." And
she runs, and in order to get elected,
there were different groups that each
wanted something, and they said, "Okay,
if you'll vote for this, then we'll get
our union to vote for you." And then,
when she goes on to the next higher
office, she has to pander to more
groups, and maybe what those groups
want,
maybe she wouldn't really agree with.
Maybe they're not totally her value
system. But, you know what she does? She
says, "For the greater good,
I'm going to give in to that special
interest group, because I'll be able to
do such good in office that it's worth
it for me to pander to this group and
that group and concede and advocate for
this group and that group."
And then, the higher they go, the more
groups they have to pander to, until
eventually it becomes a real question
mark,
are you giving up more than you're
offering?
Right? Have you conceded the moral high
ground to the point that you're giving
so much what you don't believe in, just
because you hope when you get elected
you're going to do what you do believe
in, but maybe you've given up more. You
sold your soul to the devil, as they
say. That doesn't work
in rabbinics. A rabbi doesn't get
elected.
So,
yeah, you can have a rabbi elected to a
synagogue, but a leader, Rabbi Chaim
Kanievsky, this example that I gave, he
never he was never elected to anything.
He didn't even have a synagogue. He just
sat He just sat in his house and studied
Torah all of his life. Wrote books,
studied Torah.
But, it didn't make a difference,
because he was the leader. He rose to
the top. So, when rabbis
uh become these kind of figures,
it there's a certain purity that's
involved, and we don't you know the
power struggles, whenever there's a
power struggle you sort of pull away,
because
one of the hallmarks of being a rabbi is
humility.
So, why are you fighting to be a you
know, okay, maybe you feel like you
could lead your community better than
the next person, but
very often a a really righteous person
will concede, "Okay, I don't I don't
want to get into a fight just to be the
rabbi." Now,
let's talk about
decrees. What's a decree?
There are certain laws
that the Jewish people keep that are not
from the Torah.
And yet, they're severe. They were
decrees that were made by the rabbis
over the passage of time.
And I want to explain to you how they
came about and why they're important to
us. There is a law that we don't ride a
horse on Shabbat. Now, why don't we ride
a horse on Shabbat? You know, that may
seem like a like a law that doesn't
touch us today, but 100 150 years ago,
that was the transportation. Why don't
we ride on on horses on Shabbat?
Well,
so the answer is that when a person
rides on a horse, what they will do very
often is, in order to get the horse to
go, they'll give it like a little
you know, a little patch, a little whip
by its uh on its hind knee. Like, let's
go. And sometimes they'll be going on
the horse, and the horse is like
dragging its feet, and it's not really
going. So, what the person will do is,
as they're passing a tree, they'll reach
out and just yank off a a branch, so
that they could hit the horse with. This
is a very common practice. You know, you
just grab a branch from a nearby tree,
and breaking off a branch on Shabbat is
actually a Torah prohibition.
And because it was so common
when people rode on horses, that that
was just the thing they did. That was
one of the first things they'd grab
their branch. They'd ride around with a
riding crop, like they were playing
polo. You know, that was you just grab a
grab a branch and smack. And that was so
common that they forbade um
riding on animals on Shabbat, because
people were desecrating Shabbat.
Give you another example.
There's a rabbinic decree not to play
musical instruments on Shabbat.
We don't play guitar.
We don't play drums.
And really, it would it sounds like it
would be better to imagine Kabbalat
Shabbat. We're welcoming
lecha dodi likrat kallah. And
and it feels good, and it sounds good,
and I'm getting into a groove. Why is
that decree made? And you will find
within traditional Jews, no one's going
to use a musical instrument on Shabbat.
Not something you would think of.
Except if you're my kids, and you play
musical instruments.
Why?
Because
it's very very common, when a person's
playing an instrument, that something
will go out of tune, or something will
break, or something will snap. I have a
few kids who play guitar, one kid who
plays violin, and it's a very common
thing that as you're playing, one of the
strings snap. Or the drum, something's
got to be tightened.
And fixing something on Shabbat
is a Torah prohibition. And since there
is this concern that what when you play
musical instruments that are used
they're very fine-tuned, and in the
middle of playing on Shabbat something
breaks, and you fix it, and fixing a
vessel, fixing an instrument is
forbidden from the Torah, so we don't
play musical instruments, so that we are
not tempted, "Oh, this went off key, or
this needed, you know, the the the the
snap ripped, so I have to I have to put
a new snap or a new tie on the drum."
Because of that, we don't play musical
instruments. So, how did that come
about? How did they decide what to make
a
gezeirah gezeirah? Uh gezeirah's like a
fence. How did that work? How did These
are fences, so you don't transgress the
law. How does a fence work?
So,
I'll give you one of the approaches, and
this is very common.
There was
uh there's something that the Jewish
people have had for thousands of years,
we still have it today. It's called the
Yarchei Kallah.
The Yarchei Kallah happens once or twice
a year.
When you've got rabbis
from congregations or from yeshivote,
and they have a convention. It's the
rabbi convention. Yeah, a lot of matzah
balls and a lot of singing and some
slivovitz, right? And the rabbis get
together, and as they get together, they
discuss what's going on in their
community.
Okay, so we're at a convention, all of
us. Jeremy's there, and Hal's there, and
then Isaac is there. We're all there.
And
as we're at the convention,
I turn to you, you turn to me, and we
say, "Hey, I got a question for you. You
know, I've been getting this question in
in my community a lot, that people have
been playing these instruments, and then
like one of the strings break, and
they're in the middle of this really
glorious Shabbat service, so
you know, for the for the honor of the
service, they want to fix their
instrument on Shabbat. And of course, I
tell them you can't do that. That's
that's Torah prohibition. But, they
said, 'Oh, they didn't realize and they
did it.' And I turn to the rabbi next to
me and say, 'Wow, that's an issue.' And
you know, the rabbi turns back to me and
says, 'You know what? I got the same
issue going on in my community.' And
after a while, there's like this buzz in
the room. It's a buzz. People are
saying, "Wow, this this comes up a lot.
This this is coming up." And
after a while, they make a meeting out
of this, and they say, "Okay, is has
this been an issue in the community?"
And when you got a lot of people saying,
"Yes, this comes up. This is real."
So then, what happens is they say, "You
know what? We've got to create a fence,
because this is something that clearly
is a weak link in the chain
to desecrate Shabbat. And we want to be
in this relationship with God, and
relationships, you don't want to have an
oops. Oops. O O O P S. Oops.
Sorry.
Didn't mean to but sorry, we don't we
don't roll like that. We try to do the
best that we can.
And these fences are really important. I
actually um I have twin grandchildren.
They're 2 years old. This Shabbat uh it
was Shabbat afternoon, and we were at a
hotel this Shabbat. I was speaking at a
convention. And my wife decided to put
them to sleep
in the afternoon.
So, where did she put them to sleep? It
I guess with the with the cribs weren't
brought for whatever reason. So, she put
where there were two beds in my hotel
room. So, one of the two year olds were
put on my bed, and one was put on her
bed.
I came in later on the afternoon, and
oh, it's so cute, two twins, you know,
they're identical, and they're each
sleeping on a bed. It's very cute. But,
then I noticed that
next to the twin that was sleeping on my
bed was my bottle of pills.
And I have my bottle of pills and I take
all my pills. I take for my heart and
this and for that. And I
I know what they look like so I just put
them all together in one bottle. I don't
have to mark it off. I know what they
are.
And it was
on the nightstand right next to him.
Now, I know my grandchildren. The very
first thing this kid is doing is tasting
them.
And that is highly highly highly
dangerous.
Except
that he couldn't open it
because it had a childproof lock and
he's 2 years old. So, when you click it,
you lock it and he tries to open it, he
can't get it open.
Thank God for a fence.
A fence could have saved my grandchild's
life. I wasn't there to make sure that
he didn't open the bottle. Looks
tempting, looks like a toy, looks like
candy.
So, fences are what keeps us as a
society safe and it also guards
Judaism and the Torah.
I'll give you a very interesting fence.
There is a law
not to eat
milk and meat together.
You all heard of that? No milk and meat
together? Right? So, cheeseburgers out.
Of course, you could get soy cheese
or soy burger
and I have had the pleasure many times
of having a
Subway sandwich in a kosher
version of Subway with with the parve
cheese. It's actually pretty good but
that's cuz it's watered down with
everything else.
I'm sure cheeseburgers are delicious but
they're forbidden according to the
Torah.
But what about
milk and chicken?
Now, milk and chicken should sound like
it's not an issue and I'll tell you why.
Because
the Torah says don't cook a kid in its
mother's milk.
Right? Except that chickens don't give
milk. Right? So,
I understand okay, meat and milk
together because even if it's not the
mother itself, the Torah is alluding to
I give another class how why it says it
like that, why it phrases it like that.
But the bottom line is
something that gives milk you shouldn't
cook in it's mercy, it's cruelty.
But a chicken doesn't give milk. A
chicken's not a mammal, it's a fowl.
So, why can't I eat chicken and milk?
And the law is we don't. We don't not
only don't we eat chicken and milk, we
wait 6 hours between after eating meat
before eating milk and after eating
chicken. Why?
So,
this actually comes from that same
concept. There was this Yarchi called
convention
and one of the discussions were
one of the rabbis said, "Hey, I got a
question for you." There was a this
person and he had franks, let's say I'm
just giving you an example, hot dogs,
franks and he thought that they were
chicken franks. So, he just had them
with some cheese.
But chicken franks and beef franks look
very similar.
Today they look very very similar
because you could put the red food
coloring in it. It used to be like
chicken franks were a little bit
lighter, you know what I'm talking
about? Those who remember the old
chicken franks were lighter and the beef
franks were darker. Today you can make
chicken franks look exactly the same.
Okay, they make them all a little bit
thicker and so you can tell the
difference. But really right? Or
what do they call a
turkey burger a turklurkey? I forget
what it's called. Turkey and meat. You
can take fowl and you process it and
very often it's used
um
the same way as meat is. And what was
happening was there were so many people
who were
taking foods, they were mixing them back
and forth. They kept thinking it was
chicken or turkey or some sort of fowl.
It ended up being actual meat. They
ended up making all their chicken all
their dishes not kosher. They ended up
eating not kosher and they had no ill
intent. It just became a thing because
the way the the way chicken is prepared
is so so similar. So, there was a
decree, you know what? You got to you
should wait after fowl as well as as
meat. And that's where it comes from.
G'zeros, these fences
are are really powerful because the
history has shown that when these fences
break
the dam the dam breaks on the law.
Um
the Talmud has a very interesting story.
One of
one of the
decrees and there aren't like that many
decrees by the way but whatever there
is, you know, we take seriously. One of
the decrees is that a person is not
supposed to read on Shabbat
by
an oil lamp.
Today we have light so it doesn't it
doesn't apply but but you should read by
an oil lamp. And the reason why we don't
read on Shabbat by an oil lamp is
again, you'd have to be a person who
uses oil lamps but oil lamps, you know,
if the oil decreases or if the wick
shifts, so then what they used to do is
they used to like jiggle the
the wick to make sure that it drinks up
more of the oil.
And when a person's reading and and
that's forbidden on Shabbat, you can't
increase the fire on Shabbat. That's a
Torah prohibition.
And what people used to do is they used
to read and they'd get real engrossed in
their reading and if the
fire of the oil lamp would begin to
flicker,
which means it's it wasn't absorbing the
oil properly. So, they as they would
read, they'd go like this and just sort
of fix it. And without thinking they'd
be desecrating Shabbat. So, there was a
decree not to read
by the by an oil lamp on Shabbat. And
then the Talmud says there was one rabbi
who he was a he was a great sage and he
said, "I got total self-control. I know
it won't happen to me. I could do it."
I could do it and he just for whatever
reason, whatever his calculation was, I
could do it and he began to learn Torah
and there was an oil lamp and guess what
happened
to this great rabbi who said I could do
it? As he's reading, he started to go
like this and then he caught himself. He
said, "Wow, you know, I'm I
I I I was wrong. I was wrong. There's a
reason why these decrees are in place."
The decrees make it
clear
that we take the laws of the Torah
seriously and that's that's a beautiful
thing. By the way, this is how our
society works today as well. When we
figure out, for example, what the
alcohol level is, when you
how much you could or can't drink before
you drive and then you get a DUI if you
if you go over or what a speed limit
should be. Or like we it it evolves but
you have to have people who have a deep
understanding and that's one point.
That's how decrees are made.
So many different scenarios
can come up when it comes to any mitzvah
in the world.
Thousands of scenarios. I can think of
thousands in literally any case,
medical,
you know, endless. Right?
When it comes to
keeping Shabbat,
especially with today's technology.
And even the
the Torah
is just one book.
And even the oral law that fills in the
blanks,
it's it's also contained.
So, how do we figure things out
that continue to
to develop? How do we figure out what
the right thing is to do? And the
question is a little bit deeper.
I'm in a relationship with Hashem.
That's another discussion, not for right
now but
the point of Judaism is to be in a
relationship with God.
Which means that when I'm in a
relationship, I want to know what does
God want from me?
Just like if my wife says, "Oh, if you
are you're coming home from work, can
you pick up some food?"
But I love you so what kind of food do
you want?
Do you want a hamburger or do you want
pizza? Do you want sushi? So, because I
love her, I'm going to want to I'm going
to want to nail it. So, we take law
seriously. So, I want to do it right.
So, what does it mean when it says, for
example, to listen to shofar? Right? We
listen to the shofar on Rosh Hashanah. I
want to do it right. So,
what if somebody stole a shofar?
Am I allowed to listen to it? What if a
little child blows? But a little child
is not obligated to listen to shofar so
maybe they can't blow the shofar either.
What if it's blown mechanically? Does it
have to be a human being? How does it
sound?
What if I'm using a hearing aid?
Am I am I hearing it with my ears or am
I hearing an impulse that's being
magnified? What if I hear it over
television or the computer? Like there
are
on and on. You you know what I'm saying?
Like we could sit here and just play
with this. So, how do I know
what the parameters of the law are?
It's great question and this is why
Judaism is a very it's a serious
it's a serious I I don't like to call it
a religion but it's a serious
religion. It it takes itself very
seriously and it tries not to just
dismiss things. Like, "Okay, I'll do my
best and hopefully God will be happy
with me." It doesn't work like that. We
we really try to understand where is God
coming from? He's very smart. He made,
you know, space, time and matter. He
asked to do something, what does he
mean?
Now, if you've ever studied Talmud,
you'll see something really interesting.
You'll see that the Talmud
often gives us scenarios that are
bizarre. Like the strange cases,
what could happen if I had a chicken and
the chicken had a string wrapped around
its
foot, right? It's hopping around, gets a
string tied around its foot, and then
that string ends up getting attached to
a pail, and as it's hopping the pail is
maxing into my window and breaks it.
Am I obligated?
Now,
what when's the last time that happened?
Did it ever happen in the history of
ever?
And the Talmud does this constantly.
So,
what is the Talmud doing? The what I'm
giving you right now is a very
beautiful insight into how Talmud works.
So, in Talmud, you'll see these really
interesting scenarios. What what's going
on?
After I explain it, it'll make perfect
sense.
What the Talmud's trying to do
is it's trying to create a parameter
around a law.
To understand how far does a law
stretch?
So, what it does is it gives me an
extreme scenario.
Something that maybe never happened in
real life, but if that extreme scenario,
for example, with this chicken and the
pail and the string, if in that scenario
I am liable, means I'm obligated, I'm
culpable,
so then let's say this is the these are
the parameters, then I know that
everything within those parameters,
which are more your fault, which are
more likely, I'm for sure culpable for.
So, what I've done by giving an extreme
case is I've created the parameters of a
law.
Let's say the law is, no, I'm not
culpable.
Right? It's too weird and I can't be
obligated if a string and it
gets tied to a pail. Let's say I'm not
culpable. So, what does Talmud do then?
It then moves the parameters in a
little. And says, okay, not in that
case, but what about in this case?
Okay, I'm still not culpable. Let's move
it in a little further. What about in
this case? And then eventually, what
you've done is you've created a
framework to understand law, what is
included and what's not included.
Now, this is something that those people
who mock rabbis, Talmud, Judaism at
large, they don't understand it. But
people who study law understand it very
well.
They understand that that's what's going
on.
Very interesting.
I used to be a rabbi at UCLA.
And I was very friendly with the dean of
the law school. It's a very famous
person. His name is Norm Abrams. He was
a Jewish fellow. He's actually a modern
Orthodox Jew. And today there's, you
know, he retired. There's the Norm
Abrams Award. Like he's he's he he goes
down as somebody who's who's created
tremendous tremendous law in his state.
And he became the dean of the law
school. And I asked him once to speak to
my students at one of my events.
And he spoke and he was wonderful.
And then
somebody raised their hand. It was a big
crowd there.
I actually promised the students, anyone
who comes to this event, I'm going to
get you a little bit of face time with
the dean. So, all those pre-law students
wanted some face time with
Professor Norm Abrams. So, they we had a
lot of people come to that event. So,
one of the students raised their hand
and they said, Got a question.
What's the difference
between Talmud
and law?
Interesting question cuz Talmud is very
cerebral.
It's very um
jurisprudence
focused.
It's very legal.
And it sounds like law. And
Norm Abrams said the following. He said,
actually, it it is so similar, the logic
is so similar
that he will take students straight from
Yeshiva to law school, they could skip
undergrad. Because their minds are so
calibrated to thinking in these terms,
they usually excel in law school.
He said there is one difference though
between a Talmudic student and a law
student.
He said, in Talmud, we try to get rid of
gray area.
You're either obligated, you're not. You
have to do this, you're guilty, you're
not guilty. We try to get rid of gray.
And in law,
you try to introduce gray area.
Yeah, you think he's a murderer, but
maybe they didn't murder. Maybe it
wasn't premeditated. Maybe
they were somewhat insane. Maybe they
were under duress. So, you introduce
gray area, while in Talmud, we try to
remove gray area because Talmud's trying
to figure out what God wants, and gray
area is not good cuz then I don't know
what God wants. Now,
how do I figure out
law in the Talmud? How do I figure
things out? How do I know whether to
move in
the walls of the parameters of a law?
So, now we're going to get to something
else that's very interesting.
The Torah actually puts in
13 mechanisms
that you can figure out
any law that comes up, no matter how far
into the future it is,
using 13 mechanisms, you can figure out
law in the future.
Now, the laws, those mechanisms,
uh these tools are intellectual tools,
and they're used sometimes by
themselves, sometimes they're used in
tandem.
They're known in Hebrew as the Yud Gimel
Midot,
the 13 measures Sha Torah Nidreshes
Bahem that the Torah is understood from.
So,
and some of them are so similar to law
that that that to to nor to normal law
that they actually are the same. And
they're just they're called they're
called something different cuz they're
called their Hebrew or Aramaic
counterpart, but they're the same. I'll
give you an example.
There's a law, one of the 13 principles,
that's known as Kal V'Chomer. Kal means
light, and Chomer means heavy.
And I can figure out a law using the Kal
V'Chomer. The law the law the the the
mechanism works like this.
If Harold,
who cannot lift 100 lb,
can lift my computer,
then Jeremy, who could lift 100 lb,
could for sure lift my computer.
That's known in law as an a fortiori.
And in in
Torah in in Gemara in Talmud, that's
known as Kal V'Chomer. It's one of the
mechanisms that we use to figure out
laws that are not that are not
explicit in the Torah.
So, therefore, if something comes up in
the future, I'll say, yes, this case is
not mentioned, but I can know it from a
Kal V'Chomer from another case cuz this
case is even more severe. So, if the law
over here is like this, then surely the
law over there must be like that. That's
one of the 13 principles. And what we
do, and this is a lot of what Talmud
does,
when Talmud rabbis, when you study
Talmud, when they have disagreements,
they're not just yelling at each other.
What they're doing, and this is really
sharp, what they're doing is
they say, what's the law in a certain
case?
And they and one rabbi will say, well,
using principle one and four, the law
would be that they're guilty.
And then another rabbi would say, no,
but principle five
overrides both one and four, and
therefore, the person's innocent.
And they use the mechanisms to have this
debate
in what the law should end up being,
what the mitzvah is, what the Torah's
trying to say.
That's exactly how we do it in the
secular world.
We have certain principles.
We have certain precedences, where you
we could see a law was in the books,
maybe it was from the 1800s and no, it
was never used.
Maybe it was a law like Roe versus Wade
that was
that was enacted
much more recently. And we have a law,
then we have another one that we try to
figure out based on
the scenario. Is it is it exactly the
same? Maybe it's a little bit different.
All of this tells me the following.
That built into the Torah
is a way to figure out how to live as a
Jew in the year 2022.
And it's not guesswork.
So, for example,
if I go to the local rabbi of my
synagogue/temple,
and
I tell him, am I do I have to do this?
And he says, oh, it's a rabbinic thing.
Your answer should be, what what does
that mean, rabbinic thing? Did you mean
a fence? Was it something that was
figured out from the 13 principles? Was
it oral law? Which which one of the
three? They're all three very different.
Oral law is not really rabbinic, it's
really from the Torah.
If it's figured out from the 13
principles, the principles themselves
come from Torah. If it's a decree, then
then you're right, then it's not
actually Torah, but it's a decree that
the Torah says to listen to the rabbis
and the Jewish people have accepted upon
themselves.
Or there's a fourth scenario, which is
maybe it's minhag.
What does the word minhag mean? Minhag
means custom.
There are certain laws
that the law came about because it was a
custom of the Jewish people to do a
certain thing, and usually that custom
had a
a a halakhic a Jewish law reason behind
it. What kind of fish do we eat on
Shabbat? The gefilte fish.
Did anyone here ever go fishing and
catch a gefilte fish? There's no such
thing as a gefilte fish.
Did you know that? There are sardines,
there are salmon, there's no such thing
as a gefilte fish.
So, what is gefilte fish? It's known in
English as fish loaf.
It sounds very unsavory. But you put a a
good amount of the red horseradish on
top and you're good to go. Nice little
sweet carrot, and it's delicious in the
right when you're in the right frame of
mind. Not on a not on a Tuesday for
lunch, but
right on Shabbat morning, it's
delicious. Friday night.
Why do we eat gefilte fish?
Why is there a custom like that? Well,
that custom actually comes from Jewish
law.
There is a law that on Shabbat you
cannot separate
the bad from the good.
You cannot separate bad from good on
Shabbat, it's called borer. It's one of
the 39 laws of Shabbat. Not getting into
why that is now, but trust me, it's one
it's a it's a biblical law. It's not a
negotiated thing. It's a biblical not
separate bad from good.
So, usually where where did the supply
usually supply to farmers who would have
to separate the wheat from the sha- from
the chaff. So, it was it was a farmer
thing in the Torah forbade because that,
but separate the bad from the good could
happen
anywhere. Like
I could have a bunch of Legos and I tell
my kid my kids like they they want to
get rid of all the yellows, or you got a
bunch of jelly beans jelly bellies and
you don't like the blacks. So, you go
into your jelly belly thing and you get
rid of the blacks. That's not allowed on
Shabbat. We don't separate the bad from
the good. So,
where did this come up very often? This
came up
when eating fish.
Because when I have a nice piece of
salmon steak, not a salmon fillet, but a
salmon steak, what does it have a lot of
little thin bones?
So, what people do is they go and they
pull out the bones and that is called
borer on Shabbos. So, we don't separate
the bad from the good on Shabbos.
So, the Jewish people because of that
biblical law of not separating bad from
good, they invented
a fish with no bones.
And the name of that fish was called
gefilte fish.
So,
and and by the way, this is for
everything. This for challah, even for
cholent as as a halakhic background.
A halakhic reason why it was created.
So, gefilte fish suddenly is not just a
weird ethnic fish and jelly,
but it it has a halakhic basis.
So, when we have customs,
we
we shouldn't just discard them.
You know, even though you know, we got
Tevye dancing around tradition,
tradition with a lot so sweet tradition,
but traditions or customs are actually
really important in Judaism, and there's
even a saying in the Talmud that says
minhag k'din, a custom has the has the
severity of a law. Now, it depends what
kind of custom. So, this is where and
I'm going to finish with this idea. This
is where
the great saying in Pirkei Avot comes
into play. And the saying is
Asei l'cha rav, make for yourself a rav,
a Torah scholar, a rabbi who knows his
beans. Make yourself a personal rabbi.
Find that go-to person
and be able to call them and ask them
your questions.
Because
the truth of the matter is
outside of a person who's devoted their
life to understanding Torah, most of us
and most of our Jewish education ended
when we were pretty young.
Yeah, we we dabbled here and there, but
let's face you know,
people go to college and grad school
till they're 25, 26. Not many people are
learning Talmud except for again, those
Yeshiva Talmud students who are really
serious. Most people like you know, they
went to
Sunday school or they went to you know,
maybe elementary school, maybe they
hated it, maybe they were confirmed,
maybe they learned for their bar
mitzvah, but they were they were kids
when they finished. I don't even think
that real intellectual Jewish knowledge
can enter a person's brain until they're
18.
That's my I I heard from a great rabbi
once that 16-year-olds don't have a
brain.
And I have a 16-year-old, so I
I know what the rabbi means. Like they
they have they have they got feelings
and emotions and we love them and but
you know, they're very involved they're
very self-absorbed many of them. Like
high schools and cliques and politics
and you know, I'm I'm I'm
that's that's one thing I hope never to
be a teenager again. If there's
reincarnation, like no no, I don't want
to go through 11th grade. No more 11th
grade. So, but when we're 18
our brains become more developed and
that's why you know, college begins at
age we begin to really understand
things.
Except for a lot of people their Jewish
education is finished by then.
So, if you have a chance to go study
study in Yeshiva, that's optimal. And
when I see people who go and they're
they're a little bit older, they gain
they get much more out of it.
But if a person can't,
then
at the very least they should have a
really competent halakhically
knowledgeable rabbi on their speed dial.
And I want to tell you that even rabbis
have rabbis on their speed dial and I do
as well.
Because no one knows everything
and we we want to do it right. We don't
want um the gravity of Judaism.
The gravity is called halakha.
Halakha is Jewish law. That's the
gravity that keeps Judaism in place.
The moment halakha is abandoned is the
moment
the Jew sort of drifts off into the
into the either into the
right? Because there's nothing that ties
me. I can do whatever I want whenever I
want and I'll call it Judaism.
In the same way that I can't just make a
baseball anything is called baseball.
Instead of four bases, I'll I'll make
six bases and instead of a round ball
I'll use like a little football shaped
ball instead of a bat I'll use a
broomstick, right?
Eventually that's not baseball.
So,
halakha is the gravity that keeps
Judaism Judaism. So, that's a little bit
about rabbinic Judaism, there's much
more. What I wanted you to get out of
this is that it is not fly-by-night,
it's not you know, shoot from the hip.
It is
formulated and developed and learned by
tremendous scholars over 2,000 plus
years, much more than that, that's just
in September, really over 3,000 years.
Our rabbis are known to be tremendous
tremendous
geniuses in their breadth and in their
depth. They're also known to be people
of high moral character because people
who are not never rose to the top,
right? People who were were morally
decrepit, they can be the biggest
geniuses, but we're not going to listen
to them cuz they can't back up what they
purport what they say what they preach
with their own actions. So, as a Jewish
nation we dismiss them. They're not
they're not what we're looking for.
We're looking for somebody whose
insides reflect their action their their
outside reflect that what they preach
and those are the people who we look up
to for guidance. They're not mullahs,
they're not elected officials. Rav Chaim
Kanievsky never got a penny for being
this great rabbi and yet a million
people at his funeral. Didn't get one
penny for being a rabbi. Didn't have one
was not a pulpit rabbi. Did not have a
Yeshiva. He just the cream rose to the
top because people acknowledged him. So,
that is rabbinic Judaism. I thank you
all for listening.