Rabbi Triebitz moves on to the next part of the Talmud Berachos 2a, and Rabban Gamliel’s children. Do Chachamim agree with Rabban Gamliel, or disagree? Is there a Rabbinic prohibition to read Shema after midnight, or is the fence only l’chatichila?
Rambam Hilchos Kerias Shema 1:10 is quoted by the Shulchan Aruch. The Vilna Gaon in his commentary on Shulchan Aruch claims that the source of Rambam is the Yerushalmi. Rabbi Triebitz shows that this cannot be the case, and finds the real source of Rambam’s halacha.
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Rabbi Triebitz learns through the opinions of Rav Hai Gaon (in the Rosh) and Rabbeinu Yonah. He then looks at how Rav Yosef Karo learns the sources in the Beis Yosef (Orech Chaim 235). He then looks at the Shulchan Aruch (Orech Chaim 235) and the commentaries there.
Rav Triebitz discusses the commentary of the Vilna Gaon on Shulchan Aruch (ibid), which locates the source of the Shulchan Aruch in Chazal. He has a unique way of learning the sources that we have looked at so far.
Finally, there is a book of the customs and halachos of the Vilna Gaon called Maaseh Rav (in siman 65) which shows the Gaon’s opinion l’maaseh.
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Rabbi Triebitz reviews the Talmud in Nida 9b whether one may rely on a minority opinion in an emergency situation or not. He learns through the Chazon Ish (Yoreh Deah 150:3) and presents challenges and answers to that position.
What is meant by the Talmud when it says ‘halacha’ as opposed to ‘minority and majority - the halacha is like the majority’?
Rabbi Triebitz then shows a new understanding of Rabbeinu Tam’s opinion about the earliest time for saying the evening Shema
He then explains and discusses the opinion of Rabbeinu Tam (Berachos 2a“) that one may recite the Shema after plag hamincha. This is a radical position, and requires explanation.
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Rabbi Triebitz reviews the position of the R”I discussed last week. He shows from the Talmud in Nida 9b whether one may rely on a minority opinion in an emergency situation or not.
He then explains and discusses the opinion of Rabbeinu Tam (Berachos 2a“>Berachos 2a) that one may recite the Shema after plag hamincha. This is a radical position, and requires explanation.
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This is the first shiur in a new series of shiurim in which Rabbi Meir Triebitz will trace the halacha from its sources in the Talmud to the p’sak of the contemporary poskim. He will explain methodology of p’sak, rules of p’sak, and the interplay of various sources, and their relative weights. The shiurim begin with the beginning of Shas (Berachos).
In this shiur Rabbi Triebitz begins with the first Mishna and Rashi in Berachos 2a.
This leads to the Yerushalmi and is explained further by the Meiri.
The question being discussed is: Why do we (sometimes) read Shema (and daven Maariv) before dark, when the Mishna clearly states that the earliest time for Shema in the evening is after dark?
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There were several changes in paradigm, from deriving halachot from the text, to embedding halacha within the text, and back again. Rabbi Triebitz suggests that it was with Rabbi Akiva whose teachings form the basis of the mishna, tosefta, sifri and sifra.
In fact this was the third paradigm shift - Hillel and Bnei Beseira; Rabbi Yishmael; Rabbi Akiva. Then Rabbi Akiva’s students froze this process when they compiled the texts of the Oral Torah. After Rebbi Yehuda HaNassi the paradigm shifts again and sources for halacha are found in baraisas and mishnayos, rather than in text.
This is the final shiur in this series, but tune in next week for the first in an exciting new series “Gemara aliba de-hilcheta” (Learning the halacha (and process of halacha) from the Talmud).
Please contact me if you would like to attend the shiurim in person. They are held in Jerusalem on Mondays from 5:30-6:30. Please e-mail me to find out where the secret location is.
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Please contact me if you would like to attend the shiurim in person. They are held in Jerusalem on Mondays from 5:30-6:30. Please e-mail me to find out where the secret location is.
You can watch and download the shiurim below. As always please send any comments, thoughts, ideas or criticisms to admin at hashkafacircle.com
In this shiur Rabbi Triebitz looks to the disagreement between Rabbi Yishmael and Rabbi Akiva and claims that it shows two differing world-views in the concept of midos. The issues between them are whether the Torah was given all at Mount Sinai, or whether only the general principles were given there, while the details were explained in Ohel Moed.
Furthermore, Rabbi Akiva famously learned mountains of halachot from every crown on every letter of the Torah, obviating the need for formal midos.
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In this shiur Rabbi Triebitz explains the Talmud in Temura 16a that says that “1700 kal va-chomers, gezeira shavas and dikdukei sofrim were forgotten after Moshe’s death, and Osniel ben K’naz rediscovered them using his pilpul.” At first glance this seems to contradict everything that has been said about the midos until now.
He also explains the Talmud in Sanhedrin 99a which seems to pose a great difficulty for the approach that he has taken in explaining the midos:
Another [Baraitha] taught: Because he hath despised the word of the Lord — this refers to him who maintains that the Torah is not from Heaven. And even if he asserts that the whole Torah is from Heaven, excepting a particular verse, which [he maintains] was not uttered by God but by Moses himself, he is included in ‘because he hath despised the word of the Lord.’ And even if he admits that the whole Torah is from Heaven, excepting a single point, a particular ad majus deduction or a certain gezerah shawah, — he is still included in ‘because he hath despised the word of the Lord’.
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In this shiur Rabbi Triebitz brings more evidence for the points that he made in last week’s shiur. He shows how the purpose of the midos, and particularly gezeira shava, is to create a new text. Not only does gezeira shava create new meaning within the words, but it also frees up other words that would have been used for those halachos so that new laws can be learnt from them.
Perhaps this is the real meaning of the concept of ‘black fire on white fire’ mentioned in the midrash as the primal Torah.
Please contact me if you would like to attend the shiurim in person. They are held in Jerusalem on Mondays from 5:30-6:30. Please e-mail me to find out where the secret location is.
You can watch and download the shiurim below. As always please send any comments, thoughts, ideas or criticisms to admin at hashkafacircle.com