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Unwritten Law | Rabbi Shmuel Goldin
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I'd like to announce that uh today's she
sponsored by Michael vogle in memory
of and thank you very much for the
sponsorship uh number two I'd like to
thank the many of you who've come up to
me and commented positively about my
son's sheer in the morning at at 9:15
it's tremendous tremendous Han for me to
hear the the the remarks and as hasem he
should continue to to teach many okay
today's Shear actually is not only one
of my favorites but I think one of the
most important shim that I can give uh
for those of you who may have heard it
before um in one of my sessions uh don't
worry I've added some bells and whistles
as well uh but I apologize if some of it
is
repetition I learned a sh all my life
uh from the time that I was in
kindergarten through Yesa University SM
but it wasn't until I sat
down and started to learn and learned
through the hak rambam hak the per
mishos his introduction to his work
explaining the mishna it was only then
that I really began to understand oral
law and what it how it works and how it
functions and how it
it really is so pivotal to our
existence I had questions if
everything's given to Moshe SII why are
there disputes why are we ar why aren't
we short and this hakama really
addressed all of those issues but let's
take a look first at the
Dilemma tomad Bley
says uh
M says that mosu
received
entirely all of
the details of the Torah all of oral law
all of the all of the differences of
opinion that to develop under over the
ages all of this all of this was
revealed to Moshe at
SII the second quote even
stronger VNA
all the details that will be learned by
all of the Kim across the ages whether
it's whether it's Li whether it's aod
everything was revealed to Moshe SI to
the point including even a a question
that a student will ask his teacher that
was revealed to mosha SII as well and
that is the text that speaks of the oral
law and speaks of
its um given how it is given over the
ages and there are those who take this
very literally among the commentaries
and among the authorities if you take a
look at the D haran the uh the Spees of
or of of ran rabim
kades everything everything was given to
Moshe seni says Lan I I take the gorah
literally at face value and therefore
you have to understand that all of all
of Al all of oral law was revealed to
Moshe SII and eventually we lost it
perhaps over the ages that's why you
have uh differences of opinion but
that's that's what the ran
suggests the ramom takes a totally
different approach Turn the
Page the
lam and I have it for you in a paragraph
there believes that when we speak about
mosha receiving the oral law at sin what
mosha received were specific
foundations and methods of learning and
some laws we'll talk about that but the
Corpus of oral law it was not totally
given to Moshe SII but rather the ways
in which it should be applied the ways
in which the Torah should be learned the
ways in which decisions should we make
when we are dealing with and changes in
circumstance and changes in
situation and the ram says that's what
it means when we say it was revealed to
Moshe SII that all of the foundations
were revealed to him but not every
detail not every detail certainly not
what becomes man ated by rabbis in
1900 20 20,000 whatever it is you you
just don't that was not revealed to
Moshe SII that is a product of the
rabbis of our time and in order to
understand the Rah says you have to
divide you have to start by dividing the
oral law into its component parts there
are five component parts to the oral law
each one with its own rules each one
with its own details let's learn them
let's see them categories number one and
two divides this into two
categories says the r first category
those laws that are given to mosha
specific laws or can be learned
specifically in the way that Mo that
mosha learned and and handed down from
the
text that's the phrase and you find says
he says that when anybody says this
is there's no M that's it and you find
that in the gar you find that in the
middle of a m someone may say no
that's finished that's that that was
given to Moshe SII handed down now this
Corpus of law this body of law in this
category is not big at all it's a number
of a number
of they include U Moshe made the that we
should read the Torah on chab uh um
other other aspects of of of the Liturgy
um specifics um that uh that were Hashem
felt had to be delivered in their
entirety to Moshe and hand it down the
second
Corpus and the second Corpus
is laws given to mosha SII that don't
even have a hint in the text and these
laws were given to moset sini because
they were essential Elemental laws that
had to be given in their need to motion
now let me give you examples the first
the first section for example
says you shall bind them to your arms
and place them in what am I supposed to
do take a whole safer Torah it doesn't
tell me what what what the
are that the specific paragraphs in the
filling should be those paragraphs
that Fillin should be black you don't
see anybody with polka doted Fillin
Fillin should be this way now there you
may say to me who there's a m right
there's a difference of opinion between
Rashi and the
RAB the difference of opinion between
and you'll see people sometimes will
turn will put on two two pairs of
tilling to to fulfill both points of
view all of us do Rashi and then some of
us add rabab what's the difference
between the two does anyone
know not not the text the order of the
par that's it there's no debate about
the text itself the text itself is
a what there is debate about is the
order of the text in the filling Rashi
says one
way rabam says another way and that's it
but but idea of filling and what they
should be
that's and that's what we
call which is based on the text but
explaining the text says to when I tell
you this is what I
mean the
second uh section which are laws given
to Moshe that are external to the text
I'll give you one example what's a te
what's anama what is the biblical
measurements of te the smallest uh
measurement or an amama all right so a
te is basically what a fist held like
this that size and and if the LA says 10
then it's 10 fist sizes of this size
basically now you're going to tell me
that your fist may be a different uh a
different uh length than my fist of
course so we have to say the normal Fist
and we'll find what that is the average
fist is that X same thing with anama
what's an Amo from your fingertips to
your elbow that's it all right what's an
Amo that's an Amo and again it will vary
if you measure it or I measure it but we
will come up with the objective
measurement and that will be it now
these two sections actually present a
very interesting problem if you think
about it
oral law has strength and
weaknesses written law has strength and
weaknesses what's the strength of
written
law that can't be changed right it's
handed down it's there should you're not
going to argue with right it's its
weakness is that it's not adaptability
it's not adaptable you can't interpret
it that's it finish Trin filling or
filling that's it nobody's going to talk
about it
oral law has strength and
weaknesses what's the strength of oral
law that it's adaptable what's the
weakness of oral law that it's that you
may lose it right it's it's not written
now these two sections have the
weaknesses of oral law and written law
but none of the strengths if you think
about it these two sections are
immutable
they're but they're not written down so
you have a mutable law that's not
written down why does aades do that why
does he why doesn't he write down in the
text what Fillin should be if nobody's
going to argue about it why doesn't he
tell us what a muuza should contain so
there are variety of different
approaches I'd like to offer three
suggestions the first is that this these
well the way I'll put it is that this
section of law these sections of law
prime the pump of halic process you know
what prime the pump in other words if I
if I want to get water from a pump first
I've got to do it a couple of times so
this is setting the stage for oral law
in three ways number one AES is telling
you not everything is written down that
the law is much more than will appear in
the text number two he is establishing
and this is close to my heart rinic
Authority right he basically is saying
that Moshe comes down that mountain
Moshe rabenu the first Rabbi first RV
comes down and he has information that
only he has it has to be transmitted and
therefore Rabbi Authority will flow from
him across the ages and finally number
three number three is there has to be a
human Dimension to the handing down of
the W there has to be the the best best
example I could come up with is is
something that that's a little strange
and that is when I was in fourth grade
fifth grade I don't remember I went to
my teacher and I said to my teacher why
do only married people have babies right
which by the way isn't true all right we
know that isn't true but that's that was
my perception at that time so the
teacher wisely said go ask your parents
that question is something you should
ask your parents so I asked my parents
alom and my mom was an excellent teacher
but they gave me a book to read and I
read the book and I still didn't
understand but I didn't ask them again
and I learned from my friends whatever
in other words there has to be there has
to be oral explanation for the law to
come alive you can't just read a book
and understand the law so all of these
these the and the final Dimension yeah
that's the final so it's number one not
everything is written hesu is saying you
should know that there exists law beyond
the text number two rinic Authority and
number three human ingredient in the
handing down of world law next and by
the way my parents were terrific
teachers but this one was a little
uncomfortable for them I guess all right
now number
B category three now this is all Hebrew
the next page has has a a summary in
English this is in some ways the most
revolutionary and the most important
part of oral law because most of oral
law falls into this category and that is
decisions that are made by the
rabbis based upon their understanding of
Torah law applied to Modern
circumstances
genetic engineering what's the attitude
of Jewish law to genetic
engineering what's its attitude to
electricity and in this in this
particular section you will find debates
you will find differences of opinion H
and shamai I have a book in my in my uh
Library which was given to me by my
grandfather when he gave me his libr
which was beautiful and that is that
a one text which is
called it's called a compendium of laws
and and customs and in that book is a is
an entry that says
telephone
telephone and the entry says most
authorities say you can use a telephone
on
chabas so apparently at that point the
authorities that this author was looking
at basically thought it was allowable
when we found out more about it rinic
Authority changed the the point of view
and it became aome but that's a debate
that's what's happening one of the most
important debates that's happening today
and one of the most it's sad saddest and
most important is brain death correct
the determination of death in Jewish law
is total brain death considered death
right in other words and that's not the
usual interpretation of brain death it's
even more it's no activity even in the
brain stem or are we going to use the
classical definition of death which is
the sensation of
breathing and what what is the critical
question here you have someone hooked up
to a
respirator that cannot breathe on their
own is breathing with the respirator
help and it's totally brain dead what
can you do can you unplug that
respirator and this becomes even more
important not just because we want to
know what the family's going to have to
go through over the next number of years
but it becomes important when you
consider the issue of
transplantation because certain organs
can only be
transplanted from a body such as that
from a body that's living on some level
but not really living
now according to one
position unplugging that respirator is
murder that that we go by the
technical ritual decision of what it is
that that marks death that is a
sensation of Brea of breathing this body
is breathing and therefore it has to be
left alone second position is no that we
have the ability in our day to determine
death death differently and this person
is only artificially be breathing
because it's
being not help but is caused by the
respirator and you can unplug the
respirator two totally different
positions I believe that the decision is
going to be
made by the people who are out in the
field in other words when a rabbi is
struck and and needs to deal with this
and that by the way just like
telephone the determination in the next
generation won't be a debate in other
words I think by then we will have
decided and decided by practice I think
I believe and most rabbis I think HK in
this way on a practical level that brain
death total brain death is considered
death and that you can take the organs
from such a person and
so in such a situation whether or not
I'm right and whether or not that will
be the
determination let's let's leave that for
the continued
explanation now what's what's so
significant about this section what
makes it so
revolutionary is
that this is the place where God takes
Divine Law and hands it to
man and says it's your job to take this
law and to use it as you see fit now
wait a minute hold on a minute there's a
truth up there right and the truth is
determined by by God how am I able to I
I'll say one thing but colleague will
say another who's right who does God
agree
with so what happens in the days of the
sun hrin is that the law will be
debated the M vote will take place and
the majority Will
Rule and that will be acceptable I'll go
even further in a little in a little
while take a look
at um page number
four I believe yeah at the bottom of the
page the famous ridic debate between el
Rabbi elezar and his
colleagues concerning the a ofen this is
often quoted right what the a an Akai
oven an oven is specific kind of oven
that is made a potery that's put
together shards that are put together
can you caser such an ofen and reab
elzar says no and the majority says yes
they're sitting in the base medish all
right what happens RAR is a very strong
personality and he says I know I'm right
and God's going to prove it God if I'm
right I want that tree outside here to
start moving and the tree begins to move
he says God if I'm right I want that
stream that's flowing outside the Bas
medish to flow Upstream instead of
Downstream it
flows he says I'm right I want the walls
of this space m to begin to fall and the
walls begin to lean as if they're going
to fall he says okay
guys I got gone on my side right
therefore are you're going to decide
like me along
comes um is it reab yua right reab yosua
stands on his feet and says famous phras
from the
Torah that's no longer in the
heavens God is given this to us has told
us how we should make decisions and how
we should apply and that being the case
God will agree to anything we come up
with
if we enter the process with loyalty if
we enter the process going in saying we
were going to try to find the objective
truth but whatever we say whatever
decision we make that will become
acceptable
yes what happens when the majority has
decided very clear majority and that's
what and then 20 years later
whatever it is the majority changes okay
excellent the opp excellent question can
can one bezdan overturn the bezden that
exists before all right we'll talk about
that in a minute okay let's let's talk
about that because what happens is
we we have trouble finding a major what
the majority is let me let me go
further the next section is a section
that on page number five that
underscores what we're saying that you
and I have looked at before in another
context and that is raban
Gamel says that it's Ro kotesh and
believes the
witnesses and rebi elzer I think right
basically doesn't doesn't accept does
not
accept and he believes that he
establishes that that the other position
is right and and and therefore not only
is the day of Roes determined but what
all
theim ran Gamel says I'm the
NY I am making a a rule that you are to
appear before me on the day that you
think it's y Kipper with your purse and
your and your your staff in other words
I want you to desecrate that day because
you have to go by
me Ezra goes out and doesn't know what
to do he encounters reab aiva he
encounters rebosa and they say to him
look you you've got no choice you have
to obey Rabon gam Leo if you're going to
cast an aspersion on Ron gam Leo's
bezden then you have to cast an
dispersion on every bezon that you that
existed existed till now right in other
words you can't this process won't
work and therefore he appeared in front
of rabang glio with his staff with his
purse on the Y Kipper that that that he
thought was yipper and RAB
said Bo Shalom we we quoted this before
come in peace rebi
V my love my teacher and my student
rebi you are my teacher in wisdom but
you are my student that you accepted my
words right very beautiful so what's
happened so therefore ra is saying we
decided it in way we were supposed
to next look at the next paragraph and
this is even more in my mind even more
revolutionary three years over the
course of three years B shamai and Basel
had a number of disagreements famous
disagreements
and we didn't know what to do we follow
sh we
follow
y a voice from Heaven emerged and
said they're both right they're both
right God sees God sees that they each
of them has used the law properly has
fashioned an answer based upon their
understanding and based upon their
wisdom and that's it they are both right
oh well God this problem you know is
meet kosher or TR B Shi says TR and says
kosher how can they both be right so we
have to follow someone so
therefore
weu B Hillel why did Bas Hillel emerge
as the Victor in these debates if
they're both right because of outsid
reasons because of the way they behaved
the way they treated Bashi In other
words that that determined what the law
would be even though B Shi was right so
the definition of right this is this is
the revolution the definition of right
is changed when you come
to the definition of right is not an
objective right definition of right is
were you l loyal to the process did you
do your job did you do your best reach
to position take a look at RAB mosha
Feinstein's introduction and I'll take
two questions in a moment once a scholar
has properly researched the toal this is
rabt Rabbi Feinstein and his
introduction to his
works the tal and literature with all
his ability with seriousness and the
fear of the Holy One Blessed Be he and
he arrives at a conclusion which he
believes to be correct then that is Pak
that is truth period finish and
basically this is an answer to himself
if you look earlier in the introduction
he basically says I don't want to do
this this is too much of responsibility
I not maybe I'm not equipped to come up
with God's answer and he says no this is
the answer to that this is that God will
accept whatever I come up with and that
lets me move ahead yes
well the
Bas the Bas well first of all we don't
again this is medik was there a BOS we
don't know right secondly
secondly the BOS only said
AA uh they then decided who would go we
were to follow that was decided on Earth
and that the BOS was only saying I want
you to know that they're both right and
now go ahead and make your
decision oh I forgot to say that BR
thank you so much right okay thank you
yeah after the event with the tanor
where rear said I'm right and and tried
to Pro proved it Divine by Divine will
some um rebi I think it was rebi
nson rebi Nason met
El one of the other Rabon yeah one of
the other Rabon and he meets anovi
according to this Mish in the gumar and
he says to
reer he says
toi please tell me what did God say
when we decided the law against Rebel
what did he
say and elos answers with a famous
answerit and what is the the usual
translation of that text is my children
have defeated me they have defeated me
me meaning that's right but another
interpretation was suggested I don't I
heard it in the name of the vnon or
Rabbi salvic so I'm not sure who said
right and it's
beautiful this time it doesn't
mean it comes from the word Eternal my
children have made me eternal and that's
what this does what this does is it
allows us to make decisions when it
comes to things that again genetic
engineering in Jewish
law right and we're going what the
escalator cause which what's the
escalator cause the
escalator oh okay that it's change right
okay it's changeable but once you decide
that becomes the decision right now in
terms of the question that was asked
what if the majority differs in another
era what rarely it doesn't really happen
in other words doesn't really happen
because what happens is the people the
rabbis of one generation basically
respect those who came before
now the process doesn't work at its best
in our time why not because we don't
have a son Henrik and we don't take a
majority vote well how do you determine
your you go to your Rabbi and your Rabbi
if he is able to tell you the answer
we'll tell you the answer and if not he
goes to a post and confers etc etc etc
and you'll get different answers from
different
people we have existed with that problem
since the destruction of the temple so
so somehow the process still works in
spite of the fact that we don't have the
ability to determine the majority the
process still works with people finding
their Rabbi authorities and going by
their Rabbi authorities
yes what I phone oh please close the
phone
okay
answer about hasem said people were you
have made made you have beat defeated me
or you have made me eternal is
that that's because they remain loyal to
a process that could exist over time in
other words
this section basically says what could
have happened is we could have entered
Israel and we could have encountered
something that wasn't dealt with in the
Torah and it wasn't dealt with in oral
[Music]
in and we have basically three choices
one choice is to ignore it another
choice is to say uh no I it's an
important thing but I does it's not
dealt with in Jewish law and the third
possibility is it everything is dealt
with like Jewish somehow and we're going
to deal with it and that's what we did
and that's why this becomes Eternal
because it becomes usable in every
generation that's great okay I'll repeat
that I'll repeat that he went one of our
one of our students here went to a
uh RV many years ago and I'm repeating
it for the uh and uh the RV said to him
stopped him in the middle of the
question and said I know what you're
going to ask I am mmir I I rule strictly
in this I'll give you the name of
someone who's more lenient all right
that was a interesting roof interesting
all right so anyway that
yes I'm going back to the very beginning
of
your different approaches of taking
literally everything was
be revealed right looking back over
history see the tremendous volume issues
that come up over
theas one wonder I Know M was was
very W how he had the capability you're
you're basically you're
basically honing in on why I agree with
the r all right in other words you can
believe you can accept look paring of
the Red Sea the The Ten Commandments all
of that it's miraculous so perhaps
miraculously Moshe was able
to receive all of that
information and pass it on but but but
but it didn't but after after a while it
got lost and then that's why we have M
Locus etc etc I didn't read the section
in the ramban rambam where he takes on
that point of view and he says that
point of view is absolutely wrong from
his perspective and creates serious lack
of respect for the
rabbis right and he he even stronger
than that and basically he dismisses it
and says I don't I don't agree all right
next yes
I want to go back to the original
example about the telephone because when
the telephone came
out maybe there was
some that you were allowed
to how did
that in the same way that I think brain
death will be determined in other words
after time the majority of rabbis said
no right that's what happened in other
words it was being debated at that time
and and the decision was no when they
learn more about the telephone when they
learn more about its use and and what
happens they came up and and you won't
find anybody today who doesn't say who
says you can use it without unless it's
unless it's
emergency that is correct that is
correct the is dependent by the rabbis
of the time who determined it and and
even though there differences of opinion
among those rabbis when it comes to
overarching issues they will find
agreement you won't find anybody who
says you can use a telephone you won't
find any you you won't find anybody who
uh disagrees about how we interpret the
laws of
chabas but you will find other other you
will find other
debates
this made
on an incandescent lamp to make sure
that people know because there were
people at that time who thought that you
can use electricity on shers and he
wanted to show them this is fire just
like a interesting interesting all right
K moer according to her made habd an
incandescent lamp to show that he didn't
use it on chabus he only used it after
chabus to prove or to testify that
you cannot you and right okay
yes there's a you have to ask your POS
yes so for example when I was growing up
we always open
refriger then I went to G and I found
that people don't open and close the
refrigerator because supposedly the
motor starts or doesn't
stop no not even light we're talking
about mot in the
refrigerator I brought up well that's
that's there are differences there are
differences of opinion on that and
differences of opinion BL based on what
kind of refrigerator it is and what its
mechanisms are and the answer is you
have to ask and find the PO sake that
you feel you unlike that story you're
not allowed to shop in other words what
do I mean this Rabbi is lenient when it
comes to refrigerators this rabbi
lenient this other Rabbi is lenient when
it comes to the second day of yan in
Israel uh this Rabbi and then I'll go to
all the lenient rabbis so you can't do
that you have to have your Authority and
you have to take him for Better or For
Worse yes and I don't mean better or
worse for stract or or or not
yes yes
I think an
entire paper entire I don't know the
right word on electricity and he
actually proved why you could use
electricity and then the rabbis above
him a couple of them
said it might be right but we're not GNA
okay so again I I can't I can't comment
on that because I don't know the facts
in other words I don't know what SCH
Orbach wrote and I don't know who
disagreed so I can't I can't talk about
that but but this is I understand I
understand all right yes last last
comment because we have to
go where I was brought up where I was
told it's for food you can open it on
shs and then I went to Gates head and
they said that if you want to open a
bottle you need to poke a hole in the
cover of the B so I permitted to Simply
say this is the most absurd thing ever
heard because no you're not I'll tell
you what I'll tell what I do is I I
happen to open uh Swit both most caps
that are sold but if the cap is on a is
on the wine that cap was put on not by
two pieces that was put on sort of on
the bottom that I my son taught me I
poke a hole in that and then I so it's
not totally ridiculous all right but
there are some of opinions say that say
you don't have to I would assume all
right that will again right right right
right live and learn right okay no let's
go on okay okay I want to I've got 10
minutes and I have a lot to cover all
right please 10 minutes a lot to cover
all right number four number four what
is the and number four and five are
similar but vastly different they are no
page is sick page
six all right is that
right
um no page page five six C and
D all
right these these two sections are
similar but vastly different at the same
time they are similar because this is
these are sections of laws that the
rabbis mandate not on the basis of their
understanding of toorah law but mandate
because they want to mandate it now
there are what what do I mean the first
section is called
gazerro gazerro are according to the
rabbis gorim fences fences around the
law for example
Muka Muka is a fence around the laws of
chabas it was created by the rabis you
don't find it in the Torah you don't
find it God didn't say the think was M
the rabbis did determined that if people
were going to be able to move certain
objects on chabas that they shouldn't
use or don't have had not set aside for
shabas use they might come to carry them
they might come to use them we're going
to make them look so and they did that
on the basis of their understanding of
the communities with which they were
dealing and Gaz wrot are basically only
until the end of the close to the end of
the to a little bit more in other words
we don't have Gaz root today we we have
the next section all right so Gazo are
exist they are uniformally
accepted and they are supposed to be
accepted by the to by the total
community so therefore you have
yes I just did
m m all
right m is
xra what I'm
sorry you can't marry oh no that's not
exra I'll get to that in a minute you
can't marry two wives all right so G is
a law that is surrounding and protecting
the Torah law like Muka like um I
can't what's forbidden in the Torah
concerning meat and milk what's
forbidden according to the Torah are
three things cooking
it eating it eating a cooked
mixture gaining satisfaction from a
cooked Mi selling
it I could according to Torah law sit
down at the table with my steak and wash
it down with milk according to Torah law
in other words the Torah law does not
prohibit the eating of non-cooked
together milk and meat long come the
rabbis and they say wait a minute this
isn't going to work right we have to
create fences because if people are
going to be able to eat it in that
fashion they're going to eat it in the
prohibited fashion and we we understand
human nature we understand our
communities we need to make that
Gaz GRE by all the the rabbis total
Acceptance in the community now that's
Gaz wrote takote which is the last
section is even more revolutionary taka
note give the ra gives this section
gives the rabbis the
authority to mandate laws that are not
connected necessarily to Toto but
because they see that these laws have to
be mandated because of situations or
communities for example RAB naram RAB
naram was a
Authority Middle
Ages numerous numerous tuote one of the
most famous was just spoken of before
you can't marry more than one
wife that that we all we Banning
polygamy and Jewish law now
takote
takote are for a particular time and for
a particular place and can be limited a
rabbi in his community can make a taka
and I'll show I'll tell you what one was
in in a minute but the
takote the takote of RAB ner he was the
Authority for all of ashaz jury so
therefore ashkenazim stopped polygamy at
that point spim did not hold by reum
they had their own authority and their
authority never made the takona that you
can't have more than one wife which is
is why spim continued to in some cases
have polygamy and some spim who came to
to Israel uh came with two wives because
that was the accepted practice they
eventually accepted the ashkenazic
practice in in this case and and I guess
it's also secular law what yeah yeah
probably yeah yeah in other words it now
is it's
Universal what the second one could
second wife could be M okay good all
right so now now I'll give you another
example I'll give you I'll take your
question in a moment I'll give you
another example I'll give you another
example um I was Rabbi in pic Maryland
before I was Rabbi in Anglewood New
Jersey there is a there was a law on the
books in Washington which was a Tak it
was a takana that was used by numerous
Comm communities in Europe it was it was
called Basher HS outside meat and what
was this Tak we were just building up
the Washington Community the there was a
butcher the rabbis wanted the butcher to
succeed but guess what he was charging
more and had to charge more because of
his expenses then the butcher in
Baltimore so what were all the Jews
doing going to Baltimore right
Along come the rabbis say that's not
going to work we we if we want to have a
community we have to have a butcher in
the
community we're making a rule that
outside meat cannot be brought into
Washington where and and and cannot be
consumed in
Washington and now now they now the
problem is they're making a monopoly for
that buger right so what what then do
they do they have to go to the Butcher
and they have to mandate to him that he
has to be reasonable in what it is he's
charging but the these are taka note one
of the
most early one of the earliest tuote is
one
that is part of our lives today and that
is the Tak found in the
mishna yes alade deem all right what
does it mean you don't redeem captives
literally
for more than their worth now wait a
minute oh well just more than their
worth
every person is a whole world the rabbi
say how do you determine the worth of of
of a person and so
therefore what do what do they do what I
mean what what is the the reason for
this Tak because p is one of the most
important rules in the Torah they're
limiting that rule because they knew
that if they kept giving and giving more
and more they would two things would
happen they would bankrupt the community
and they would also what they would also
encourage additional host hostage taking
so that's why so that was a Tak now how
they applied the takana and how we
should apply the taka today I don't have
an answer for that
because
what
well well yes and no I mean if I were
part of the family of that one person I
I I I don't know what I'd say all right
yeah but that's an opinion we but it is
it's a valid opinion because of that Tak
it's a valid opinion because that Tak
exists and how you determine what is the
worth or the value of that of that
hostage determines whether or not you
can now I want to take you to one last
paragraph and then I'll take any
questions the last paragraph is the
following look in the last uh next
actually two two points look at
the page
number SE uh six and seven no seven
seven so page number seven is the what
do I mean by the result there is a
famous medish in the townwood again you
don't have to believe it in terms of you
can you can say it happened or you can
say it's teaching me something what what
is it the medish the medish is mosha
rain who is going up Hari to get the
Torah this is appropriate for us right
we're coming to par isra and when he
goes up to get the Torah he what does he
find he finds God tying the crowns onto
specific letters of the Torah right in
other words and you look at the Torah SC
certain uh letters of
crowns he turns to and sayses
give us the No Frills Edition please
right we we're waiting that this is we
can't wait for this to which a who
responds no I'm going to put the crowns
on because someday in your people will
be a great scholar who is going to
determine the meaning of the crowns and
why they are on those those
letters and his name is RAB AKA so Moshe
says oh wow I'd like to meet
Himes transforms uh Moshe time takes him
in time to the time of reab AKA he is
sitting in reab aa's Yesa in one of the
last Rose and he's getting more and more
upset because he doesn't understand the
word he doesn't know what that's that
that's not what I'm getting at siai and
to one question raises his hand and says
what
says that law Rea says comes from this
law which comes from this law which
comes from this law and this was given
to that we except the rabbis
recognized that the law will look vastly
different in every generation because of
the challenges that will be faced by the
law but the mechanisms to determine that
are built into the text are built in and
and because of that we have
existed for the
centuries this is what has kept us
together I'll tell you the personal note
is actually a section that I have in my
book on um on schoe but I'll tell you
the the story I was putting I was
creating a boundary for an ath A wol and
how was I doing it I was doing it by
putting you have uprights and
horizontals you create a series of
doorposts and what we used to do now
they run it up whole the whole we used
to do is put a piece of wood at the
bottom and there's a law that if you
take the wood straight up and it
intersects with the horizontal that's
good enough as long as the wood is of
enough size
fine problem is enough size the problem
is the telephone poles are never
straight they lean and here I was
putting up a a piece of wood on a
leaning telephone pole and I didn't know
what to do I if I put it here it was
going to end up in hour space if I put
it here it was going to end up in the
middle of the pole so I worked on it for
minutes the congregant who was with me
and helping me in this endeavor turned
to me afterwards and said
Rabbi do you really believe God cares
whether or not that piece of wood is
under that piece that particular
wire that you spend 45 minutes of your
life doing that and automatically I
answered with an answer that to me
defines how I view this whole process I
said I don't believe God cares I believe
that God cares that we care and what I
mean by that is what he wants from us is
to be loyal to the process and to
consider it valuable and to recognize
its strength and to realize that it's
kept us alive for centuries okay thank
you very much