Hemdat Yamim Korach
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A USER's MANUAL Part 1: How Is Halakhah Organized?
TORAHLEADERSHIP.ORG RABBI ARYEH KLAPPER HALAKHAH: A USER’S MANUAL Part 1: How is Halakhah Organized? I. How is Halakhah Organized? 4 case studies a. Mishnah Berakhot 1:1, and gemara thereupon b. Support of the poor Peiah, Bava Batra, Matnot Aniyyim, Yoreh Deah) c. Conversion ?, Yevamot, Issurei Biah, Yoreh Deah) d. Mourning Moed Qattan, Shoftim, Yoreh Deiah) Mishnah Berakhot 1:1 From what time may one recite the Shema in the evening? From the hour that the kohanim enter to eat their terumah Until the end of the first watch, in the opinion of Rabbi Eliezer. The Sages say: Until midnight. Rabban Gamliel says: Until morning. It happened that his sons came from a wedding feast. They said to him: We have not yet recited the Shema. He said to them: If it has not yet morned, you are obligated to recite it. Babylonian Talmud Berakhot 2a What is the context of the Mishnah’s opening “From when”? Also, why does it teach about the evening first, rather than about the morning? The context is Scripture saying “when you lie down and when you arise” (Devarim 6:7, 11:9). what the Mishnah intends is: “The time of the Shema of lying-down – when is it?” Alternatively: The context is Creation, as Scripture writes “There was evening and there was morning”. Mishnah Berakhot 1:1 (continued) Not only this – rather, everything about which the Sages say until midnight – their mitzvah is until morning. The burning of fats and organs – their mitzvah is until morning. All sacrifices that must be eaten in a day – their mitzvah is until morning. -
The Fundamental Principle of the Torah
The Fundamental Principle of the Torah Rabbi David Horwitz Rosh Yeshiva, RIETS The Sifra, that is, Torat Kohanim, Midrash Halakhah on Sefer Va-Yiqra quotes a celebrated dispute between the Tannaitic authorities R. Akiba and Ben Azzai. לא תקם ולא תטר את בני עמך ואהבת לרעך You shall not take vengeance or bear a grudge against כמוך אני ה' your kinfolk. Love your neighbor as yourself: I am the ויקרא יט:יח L-RD Leviticus 19:18 ואהבת לרעך כמוך, רבי עקיבא אומר Love your neighbor as yourself: R. Akiba states, this is a great זה כלל גדול בתורה, בן עזאי אומר זה principle of the Torah. Ben Azzai states: This is the book of the ספר תולדות אדם, זה כלל גדול מזה. descendants of Adam (Genesis 5:1): This is even a greater ספרא קדושים פרשה ב ד"ה פרק ד .principle Sifra, on Sefer Va-Yiqra (ad loc.) This dispute is cited, among other places, in the Talmud Yerushalmi to the tractate Nedarim as well. The mishnah discusses methods of retroactively nullifying vows by exposing the fact that there are changed circumstances that make nullification admissible. Some of these changed circumstances can consist of realization of the full import of the Torah’s interpersonal commandments. Regarding one who had vowed that another could not have any benefit from him, the mishnah states: ועוד אמר ר"מ: פותחין לו מן הכתוב In addition, R. Meir said, one “opens” (the way to retroactively שבתורה, ואומרין לו: אילו היית nullify a vow) for him with what is written in the Torah. -