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Beit Midrash
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- Chemdat Yamim
- Igrot Hare’aya
Recipient: Rav Yitzchak Aizik Halevi, the author of a monumental history of rabbinic scholarship, Dorot Harishonim.
Igrot Hare’aya (200)
Beit Din Eretz Hemda - Gazit
78 - Connecting Disciplines in Torah Study
79 - Connecting Disciplines in Torah Study
80 - Connecting Disciplines in Torah Study
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Perhaps the distinction between Talmud Bavli and Talmud Yerushalmi is capsulized by the following disagreement. In the Torah section on zaken mamrei (a Torah scholar who refuses to accept the majority decision of the Sanhedrin), the topic of the deliberation of the Sanhedrin was called davar (a matter). The Bavli explains that this is a matter of halacha, and the Yerushalmi explains that it means a matter of aggada.
In the introduction to [the medieval philosophical work] Chovot Halevavot, the author writes that matters of philosophy (which are the root of aggada) are not included in the section of zaken mamrei, which begins with the words "shall it beyond you." He writes that this is evidence that such matters are not within the expertise of the scholars involved in the transmission of the traditions of the Torah but are matters that can be clarified by means of intellect. There were some great scholars who said, based on this approach, that matters of aggada are not as firmly founded as those of halacha are. However, there were also scholars, apparently including Rav Hai Gaon, in a responsum, who considered aggadic passages in the Rabbinic sources as a co-equal part of Rabbinic tradition.
The distinction is simple. An approach to study that is based on the roots of prophecy and its related tools will experience a unification of the fields of halacha and aggada. According to this approach, embraced by the Talmud Yerushalmi, as opposed to the Chovot Halevavot, there are traditions on matters of philosophy just as there are on matters of practical observance. In contrast, the approach to Torah study that is practiced in the Diaspora, which is not fit for prophecy, is different. It is unable to connect matters of halacha and its analysis, and the notable philosophical principles are only those which one can arrive at by means of logic. Therefore, the philosophical ideas are distinct from matters of practical halacha and are not covered by the prohibition not to stray from the decisions of the majority of the Sanhedrin. This distinction is the most fundamental difference between the Talmud Bavli and Talmud Yerushalmi.
This distinction is also at the heart of the difference between a kohen and a judge, both of which are mentioned as leaders who are involved in the decision of the Sanhedrin (Devarim 17:9). The kohen represents one whose approach to scholarship in halacha is assisted by Divine Spirit, as the kohen is described: "the lips of a kohen shall guard knowledge … for he is an angel of Hashem, the Lord of Hosts" (Malachi 2:7). This is especially true of the kohen gadol, who needs to speak with Divine Spirit, as part of his usage of the urim v’tumim. In contrast, the judge arrives at his judgment based on logic and an approach to textual study that is based on analysis of the sources and their ramifications.
It is not independently obvious without textual confirmation that each of these leaders is subject to the prohibition not to reject the decisions of the majority. If it had only mentioned a kohen, I would have said that only one who speaks with Divine Spirit is bound to the prohibition not to reject decisions, and if it had said only the judge, I would have said that there is no place for Divine Spirit in trying to arrive at the halacha.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Informing a Friend he Is Not Insulted – #320
Date and Place: 5 Menachem Av 5670 (1910), Rechovot (probably)
Igrot Hare’aya Possibilities of Creating Religious Moshavot – #284 – part I
Date and Place: 1 Adar II, 5670 (1910), Yafo
Igrot Hare’aya Worse on the Outside, Better on the Inside – #332
Date and Place: 26 Elul 5670 (1910), Yafo
Igrot Hare’aya Refuting Criticism by the Ridbaz – #311 – part II
Date and Place: 19 Sivan 5670 (1910), Yafo
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
