Wednesday, January 30, 2013

Can Rashi on Chumash interpret a pasuk against halacha?

The following question on Mi Yodeya, about parashat Yitro:
On the Posuk "Zochor Es Yom HaShabos L'Kadsho", Rashi says
תנו לב לזכור תמיד את יום השבת שאם נזדמן לו חלק יפה יהא מזמינו לשבת (Take heart to remember the Shabbos - if you find something nice place it aside for Shabbos).
Rashi's source seems to be Beitzah 16. However the Gemora there records an argument between Bais Hillel and Bais Shamai how to prepare for Shabbos. Given that we rule according to Bais Hillel, why is Rashi here quoting according to Bais Shamai?
There are some good answers there, especially this one:
I've heard from Rabbi Shalom Carmy that the reference to Beitzah is actually a printer's error and Rashi got this from this Mechilta D'Rabbi Yishmael, where it remains undisputed.
Rashi didn't give a source, and it was the printer's perogative to give any and all sources he felt like. But say it is Mechilta. As a commenter at Mi Yodeya asks, how does that help? Isn't it still against Halacha, meaning like Bet Shammai instead of like Bet Hillel?

I think that one can put forth the following points.

Look at the context. By this, I mean look at the other Rashis in the perek, and see how many of them are from the Mechilta. See this in Mekorei Rashi, or alternatively, from Chabad's Tanach. A taste:

1. God spoke all these words, to respond:א. וַיְדַבֵּר אֱלֹהִים אֵת כָּל הַדְּבָרִים הָאֵלֶּה לֵאמֹר:
God spoke: Heb. אֱלֹהִים. [The word] אֱֱלֹהִים always means “a judge.” [This Divine Name is used here] because there are some sections in the Torah [that contain commandments] that if a person performs them, he receives a reward, but if not, he does not receive any punishment for them. I might think that so it is with the Ten Commandments. Therefore, Scripture says: “God (אֱלֹהִים) spoke,” [signifying God’s role as] a Judge, [Whose function is] to mete out punishment [when the Ten Commandments are not obeyed]. [from Mechilta]וידבר א-להים: אין א-להים אלא דיין. לפי שיש פרשיות בתורה שאם עשאן אדם מקבל שכר, ואם לאו אינו מקבל עליהם פורענות, יכול אף עשרת הדברות כן, תלמוד לומר וידבר א-להים, דיין ליפרע:
all these words: [This] teaches [us] that the Holy One, blessed be He, said the Ten Commandments in one utterance, something that is impossible for a human being to say [in a similar way]. If so, why does the Torah say again, “I am [the Lord, your God (verse 2)]” and “You shall have no…” (verse 3)? Because He later explained each statement [of the Ten Commandments] individually. — [from Mechilta]את כל הדברים האלה: מלמד שאמר הקב"ה עשרת הדברות בדבור אחד, מה שאי אפשר לאדם לומר כן. אם כן מה תלמוד לומר עוד אנכי ולא יהיה לך, שחזר ופירש על כל דבור ודבור בפני עצמו:
to respond: Heb. לֵאמֹר, lit., to say. [This] teaches [us] that they responded to the positive [commandments], “Yes,” and to the negative [commandments], “No.” -[from Mechilta]לאמר: מלמד שהיו עונין על הן הן ועל לאו לאו:


What Rashi is doing in this perek is a running commentary, primarily adapted from the Mechilta. He is channeling the Mechilta for us. As such, if Mechilta has a comment of the sort Rashi would bring (uleaggada hameyashevet divrei hamikra), we would expect him to bring it, even if elsewhere, in a gemara somewhere, there is a dispute, and we rule against the position.

Further, this is not the only place Rashi brings a midrash halacha which is against the paskened halacha. Some modern meforshei Rashi take note of this, and explain that Rashi will bring forth such a midrash if he feels that it is more along the lines of peshat, since his goal is a peshat-oriented commentary, as adopted / adapted from midrash. So indeed, Rashi can and will cite midrash which will be against decided halacha, on occasion.
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YUTorah on parashat Yitro



Audio Shiurim on Yitro

Articles on Yitro
Parsha Sheets on Yitro
Rabbi Jeremy Wieder: Laining for Parshat Yitro
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Sunday, January 27, 2013

Posts so far for parshat Yisro


2012

  1. Yisro sources -- further improved and expanded.
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  2. Darshening a psik, that the three days time period was elongated.  Such is the remez suggested by Birkas Avraham. Thus, "11. The trup symbol of psik alludes to the day that Moshe added at his own initiative."
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  3. YU Torah on parashat Yisro
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  4. Difficulties due to Tzipporah's being sent away --  What suffering did the tribe of Levi suffer? And how could Moshe, as a Kohen, remarry Tzippora? Rav Chaim Kanievsky asks, and answers. I also try my hand at it.
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  5. Who's the man? Moshe's the man!  But why not Yisro, who is called HaIsh is Shemos? And why not another prooftext local to sefer Shemot? The Chasam Sofer answers that it really was a function of Moshe's humility (mentioned in the continuation of the prooftext). Plus my own suggestion.
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  6. A choice in garb -- I saw the following interesting bit of history in Vayakhel Moshe (R' Moshe HaKohen Gordon) on parashas Yisro: "And on a related note -- in 5610 (1850), the decree went out from Russian rulership in Poland to change the traditional Jewish dress, and to shave their beards and peyos. And the police force assembled in Warsaw, and any Jew who passed was grabbed, and his beard and peyos were shaved off..."

2011

  1. Yitro sources -- further improved and expanded. For example, many more meforshei Rashi.
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  2. Why does Rashi omit the word milchemet? The first time, Rashi refers to milchemet Amalek. The second time, just Amalek. Why the difference?
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  3. Ibn Ezra on the Aseres HaDibros, and differences between the account in Yisro and in Vaeschanan. A lengthy essay, but he develops some very important points in the nature of peshat and his parshanut. For now, part one, two, three, and four.
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  4. Rashi on Asher Zadu --  And peshat and derash.
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  5. How was Moshe saved from Pharaoh's sword?   Two different midrashim, rather than Rashi's spin on a midrash. Which is why it is important to know Rashi's sources, as well as not leap to conclusions based on the sources we have.
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  6. Does Naaseh veNishma imply the former before the latter?  Presenting Ibn Caspi's take on this.
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  7. Ibn Ezra on seeing at a distance --  He follows Galen's extramission theory of sight.
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  8. Ibn Ezra and a theory of memory --   Ibn Ezra following Galenic science as to the functioning of the brain.
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  9. Another Ibn Ezra on brain anatomy --  which seems based on contemporary, Galenic science.
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  10. Was Korach a Gilgul of Kayin or of Yisro? Also, the earliest Torah code, perhaps known to Rishonim! I'm off the mark about whether one can be a gilgul of two people, apparently. I still like my reading of Tziuni as presenting a Torah code.
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  11. Changes between the luchos -- the reason for Shabbat --  Perhaps the elaboration on why servants get to rest is related to the changed reason of Exodus over Genesis.

2010
  1. Yisro sources -- revamped. More than 100 meforshim on the parsha and haftarah, organized by topic.
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  2. One is Gershom, and one is Eliezer -- What is bothering Ibn Ezra? I would guess that he is responding to Saadia Gaon, who makes much of the duplication.
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  3. Did all the nation see the sounds? After considering several, including Saadia Gaon, who maintain that the sound was visual, we cite Ibn Ezra who maintains that it means perception. As peshat, Ibn Ezra appears correct, though there are a number of other compelling suggestions. The Karaites side with Rashi and Saadia Gaon, and the Samaritans emend away the difficulty.
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  4. The kamatz and the aleph at the end of panay -- In the phrase לֹא-יִהְיֶה לְךָ אֱלֹהִים אֲחֵרִים עַל-פָּנָי, the last vowel is written as both a kamatz and a patach. Grappling with this variation. The true answer is that one is a pausal form, and that it intersects with taam elyon and taam tachton. The Gra also has a drasha based on this.
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  5. Do variant translations in Onkelos of שִׁלּוּחֶיהָ reflect different sides of a dispute in Mechilta, as to whether Moshe sent Tzipporah away or divorced her? I part ways with a consensus, and consider that Onkelos is merely trying to preserve the ambiguity of the Biblical text.
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  6. Does Onkelos take a position on whether Moshe divorced or merely sent away? Do variant translations in Onkelos of שִׁלּוּחֶיהָ reflect different sides of a dispute in Mechilta, as to whether Moshe sent Tzipporah away or divorced her? I part ways with a consensus, and consider that Onkelos is merely trying to preserve the ambiguity of the Biblical text.
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  7. Is 1/10 of the Israelite population as judges plausible?!  Ibn Ezra does not think so, especially since there are these moral requirements. Therefore, he parts ways with the midrash Chazal. And see Ibn Caspi's reaction, and Avi Ezer's reaction.
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  8. The Samaritans make Yisro bow --  It is a general feature of the Samaritan Torah that they "fix" the text to solve difficulties. This is something to keep in mind if you would think to rely on a Samaritan variant as preferable to the Masoretic text. Three examples from this week's parsha alone. They make Yitro bow to Moshe; they make the nation hear the sounds; and they emend Har Eval to Har Grizim, which they deem holy. There are others. Also, Ibn Ezra argues against Lower Biblical criticism.
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  9. Length of days -- Does it refer to long life, or long dwelling in the land of Israel?
2009
  1. Yisro sources, in an online Mikraos Gedolos, plus many meforshim on the parsha and haftara.
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  2. Yitro running commentary, pass i, part i -- a different style of parshablogging, giving a running and perhaps integrated commentary. This first post is just on the first pasuk in the parsha.
    Yitro running commentary, pass i, part ii; and part iii
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  3. A great proof that it was Moshe who bowed to Yisro -- to quote myself:
    I was of the opinion that either Moshe bowed down to and kissed Yisro, or else that there was mutual bowing and kissing. Rashi brings down a Mechilta on that early pasuk in parshat Yisro with proof that it was Moshe, based on a gezera shava of ish-haIsh, here with Ish leRei'eihu, and there with veHaIsh Moshe.

    But in this past week's parsha sheet, Torah Lodaas, we have the following great, and entertaining explanation, from the Cheshek Shlomo...
2008
  1. The Trup on el-Hamidbar -- with a three way dispute between revii, zakef-gadol, and pashta-zakef. Shadal decides in favor of the revii, and labels the others a result of taut sofer. I analyze what each would mean. And I suggest that these two parsings may accord with the Talmudic dispute of whether Yisro come before or after matan Torah.
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  2. The Meaning of the Trup and Nikkud On לֹ֥א תַֽעֲשׂ֖וּן אִתִּ֑י אֱלֹ֤הֵי כֶ֨סֶף֙ וֵֽאלֹהֵ֣י זָהָ֔ב לֹ֥א תַֽעֲשׂ֖וּ לָכֶֽם׃ -- Two potential parsings of that pasuk, and how the trup decides. And how Shadal rereads itti as oti, to make the first part of the pasuk about making graven images of God, with the second part as elaboration.
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  3. Did Yisro remain silent when he fled? Two different readings, one in which he fled rather than speaking, and one in which he protested and then was forced to flee. I prefer the latter, and in fact Yisro has a long speech against Pharaoh's plan in Ginzberg's the legend of the Jews. This year, I noticed that in fact this is taken directly from sefer hayashar. See here.
2007

2006
  1. What Parsha Did Yisro Add? It depends on what you mean by "parsha." Leading to an interesting discussion in the comments.
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  2. Parsha, Meaning Topic -- As an attempt to reinforce the definition above.
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  3. Class Notes of Sidra vs Parsha -- as a distinction between the portions of Bavel and Eretz Yisrael
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  4. Sidra vs. Parsha -- The Article
2005
  1. Hashem is greater than the other gods! Er... What other gods? -- Two Targumim take up the challenge.
2004
  1. Round Trip Tickets -- In which Pesach Mitzrayim occurred at the Bet HaMikdash!
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  2. Ha'Am as Elders -- and how the zekeinim existed as such before Yitro's suggestion.
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  3. A Jewish Scholar Class? How these judges appointed at Yisro's urging devoted themselves full-time to learning and judging, rather to any profession.
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  4. From parshat Bahaalotcha, but appropriate nonetheless: Who was Chovav? Who was Yisro? various opinions and their basis. Was Yisro a father-in law or brother-in-law to Moshe?
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  5. Also, on the same topic as above, in terms of what Choten might mean (father-in-law /brother in law), see Another interesting cognate from "Hebrew Cognates in Amharic"
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  6. From Behar/Bechukotai and Shavuot: BeDibbur Echad and a summary of this dvar here.
to be continued...
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Friday, January 25, 2013

Torah protects...

Via Rationalist Judaism,
In this week's Mishpachah magazine, editor Rabbi Moshe Grylak writes about why charedim in Israel don't serve in the army (online here). I drew upon various blog posts that I have written and put together a response that you can download at this link. It's a PDF file, so you can print it out and share it on Shabbos with people who read Mishpachah.
A possibly relevant source is this Yerushalmi in Masechet Terumot, 8:4:
רבי אימי איתצד בסיפסיפה אמר ר' יונתן יכרך המת בסדינו אמר ר' שמעון בן לקיש עד דאנא קטיל אנא מתקטיל אנא איזיל ומשיזיב ליה בחיילא אזל ופייסון ויהבוניה ליה אמר לון ואתון גבי סבון והוא מצלי עליכון אתון גבי ר' יוחנן אמר לון מה דהוה בלבכון איעבד ליה יתעבוד לון ימטא לההוא עמא לא מטון אפיפסירוס עד דאזלון כולהון
My translation:
Rabbi Ami was captured by bandits. Rabbi Yonatan said, the dead one will be wrapped in his sheets. {that is, there is no way to save him.} 

Rabbi Shimon ben Lakish said, 'I will kill or be killed' (lit: Until I kill (or) I will be killed. i.e. I will try to save him, by killing all his captors, or will die in the process. We know from elsewhere that Rabbi Shimon ben Lakish was a bandit, skilled in weapons, before he repented and became a scholar.) I will go and save him by force. 

He went and persuaded them (convinced them to turn R Ami over, perhaps with threats) and they gave him over to him. 

He (Resh Lakish) said to them (the bandits) go to the Old One (Rabbi Yochanan) and he will pray for you. They went to Rabbi Yochanan (note, this is *not* Rabbi Yonatan of before, unless it is a typo.) 

He (R Yochanan) said to them, 'that which was in your hearts to do to him should come to pass on you.' They did not reach Apipsiros before they all went (died). 
Note that neither Rabbi Yonatan nor Resh Lakish simply sat down and studied. They didn't have as much bitachon as modern-day chareidim.
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Wednesday, January 23, 2013

YUTorah on parashat Beshalach


Audio Shiurim on Beshalach
Articles on Beshalach
Parsha Sheets on Beshalach
Rabbi Jeremy Wieder: Laining for Parshat Beshalach
See all shiurim on YUTorah for Parshat Beshalach
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