How do we know a husband inherits from his wife? TB Baba Batra 112

The Torah sheBa’al Peh, the Oral Law, teaches that the husband inherits from the wife when she predeceases him. Nowhere in the Torah is this law explicitly stated. Dappim TB Baba Batra 111b and112 presents three different suggestions how to learn this law from verses in the Bible.

1.    The sages teach the word “his kinsman [she’ero] -שְׁאֵר֞וֹ”in the verse “If his father had no brothers, you shall assign his property to his nearest kinsman in his own clan, who shall inherit it.- וְאִם־אֵ֣ין אַחִים֮ לְאָבִיו֒ וּנְתַתֶּ֣ם אֶת־נַחֲלָת֗וֹ לִשְׁאֵר֞וֹ הַקָּרֹ֥ב אֵלָ֛יו מִמִּשְׁפַּחְתּ֖וֹ וְיָרַ֣שׁ אֹתָ֑הּ"” means “his wife” i.e. the husband inherits the wife.

2.    Both Abaye and Rava agree that the above verse needs to cut and pasted to teach this law, but disagree how to do it. 

            “Abaye said: Answer like this, i.e., as if the verse were split into two parts. The             first part is: Then you shall give his inheritance to he who is next to him, which         is a general statement with regard to the inheritance of relatives. The second is: His         kinsman, and he shall inherit it, meaning that a husband inherits from his                     kinsman, referring to his wife.

"Rava said: Does a sharp knife cut verses? How can you split the verse, rearrange it and omit letters from its words? Abaye’s derivation rearranges the words and omits the letter lamed from the term “to his kinsman [leshe’ero].” Rather, Rava said: This is what the verse is saying: And you shall give the inheritance of his kinsman [she’ero] to him. The letters should be arranged differently, removing the letter lamed from the word leshe’ero and the letter vav from the word naḥalato and combining them to form the word lo, meaning: To him. Accordingly, the verse teaches that a husband inherits from his wife. The Gemara explains that Rava holds that the Sages subtract and add and interpret homiletically, meaning that letters can be removed from words and appended to each other, and a halakha can be derived from the new word formed by the combination of letters.” (Sefaria.org translation)

3.    Rabbi Yishmael cites five different verses from all over the Bible to show that a woman may not marry outside her tribe because once she predeceases her husband the land brings into the marriage her husband would inherit another tribe’s land. The Torah explicitly prohibits the transfer of one tribal land to another tribe. ““So shall no inheritance of the children of Israel transfer from tribe to tribe” (Numbers 36:7). This teaches that a transfer of land could occur by means of the husband inheriting from her.” (Sefaria.org translation)

Each suggestion comes with its own set of problems.

Why 14 days? TB Baba Batra 111

One of the 13 different methods of expounding the Torah is a kal vekhomer (מִקַּל וָחֹֽמֶר), a fortiori inference, a conclusion drawn from a minor or lenient law, to a major or more strict one. This method is capped by the principle of diyo (דַּיּוֹ), it is sufficient. “According to this principle, a halakha derived by means of an a fortiori inference cannot go beyond the halakhot of the source from which it is derived.” (TB Baba Batra 111, Sefaria.org translation) Today’s daf TB Baba Batra 111 teaches us that

“It is sufficient (the principle of diyo), which limits the extent of a fortiori inference, is found in the Torah. As it is taught in a baraita that explains the hermeneutical principles: How does an a fortiori inference work? The verse states with regard to Miriam, after she spoke ill of her brother Moses: “And the Lord said to Moses: If her father had but spit in her face, should she not hide in shame seven days?” (Numbers 12:14). The verse is saying that if a father spits in the face of his daughter and reprimands her, she would feel shame for seven days. By an a fortiori inference it is derived that Miriam, who suffered the more severe reprimand of the Divine Presence, should be ostracized for fourteen days. Why then, was Miriam ostracized for only seven days? Rather, it is sufficient for the conclusion that emerges from an a fortiori inference to be like its source, so her punishment cannot be for longer than the punishment of one who is reprimanded by a father.” (Sefaria.org translation)

The Rishonim discuss why the kal vekhomer comes to the conclusion that Miriam deserved to be punished for 14 days. Some even argue that the ostracization shall last forever. Rebbeinu Tam explanation is based on a Gemara in TB Nedah 31a. There are three partners in the conception of a child, the Holy One Blessed be He, the father, and the mother. Since God’s portion of providing the soul and animation is compared to both of the contributions of the father and the mother, God’s portion is worth double. Consequently, God’s reprimand should be double the ostracization of seven days for a parent.

The Ritba and others explain that God’s honor demands more time than that of the parent. Since Miriam came down with tzara’at, a skin disease which demands the person leave the camp for seven days, these seven days are added upon the first to equal14 days.

Ramban explains that this is the normal style of Midrash Halakha to double the amount when learning from a kal vekhomer.

Revelation didn’t only occur in top of Mount Sinai TB Baba Batra 110

Benjamin D. Sommer has written a very important book, Revelation and Authority: Sinai in Jewish Scripture and Tradition especially for Jews who want to reconcile modern biblical study with the covenantal obligation of the observance of the commandments. Source criticism understands that the Torah was created by four different sources, J, E, P, and D. The J source uses God’s name YHWH (this theory was first introduced in Germany and J is used because there is no “Y” in German. God’s name was translated as Jehovah). The E source is the God’s name Elohim. P stands for the Priestly source while the D source was written by the Deuteronomist school. I also highly recommend Richard Friedman’s book Who Wrote the Bible? Friedman explains in highly accessible language the different sources and when they were written.

I would hazard a guess that everybody would say that Moses received the entire Torah upon Mount Sinai. Sommer’s analysis shows that different sources present different pictures. He writes:

“Thus, P’s memory of the location where Moses received the law differs from the better-known story found in E. Moses received no laws on top of Mount Sinai; instead, he received blueprints. He used those blueprints to build the Tent-shrine, and it was at that shrine that the lawgiving took place. To be sure, the Tent was located at the foot of Mount Sinai for seven weeks, during which all the laws in Leviticus and several in Numbers were given; for this reason, Leviticus 7, 25:1, 26:46, and 27:34 can speak of laws and statutes given ‘at Mount Sinai.’ But this does not mean on top of the mountain; it refers to acts of lawgiving when the Tent was located at the foot of the mountain. Furthermore, the lawgiving at the Tent continued even after the Israelites (and the Tent) left Sinai. That post-Sinaitic laws were imparted at the Tent is clear from Numbers 27:5, which tells us that Moses brought the legal query of Zelophehad’s daughters ‘into God’s presence.’” (Page 55)

This is a very long introduction for just one line in today’s daf TB Baba Batra 110. Today’s daf tries to ascertain why brothers inherit and not daughters. The case of Zelophehad’s daughters seems to be the exception of the rule. Zelophehad died while having no sons, but five daughters. These five women made the case to Moses saying “Let not our father’s name be lost to his clan just because he had no son! Give us a holding among our father’s kinsmen!” (Numbers 27:4) Moses took the case to God and God told Moses “The plea of Zelophehad’s daughters is just: you should give them a hereditary holding among their father’s kinsmen; transfer their father’s share to them.” (Numbers 27:7)

Are the rabbis hinting that Revelation also occurred much later than when Israel stood at the foot of Mount Sinai? “But perhaps it was the daughters of Zelophehad who said this after God spoke to Moses, the Torah was given and a halakha was renewed (וְנִתְחַדְּשָׁה הֲלָכָה)” (my translation) I think so.

 

Thirsty? #Sukkot#devartorah

Just below the snowy peak of Mt. Shasta, near the headwaters of the Sacramento River in California, an icy-cold underground spring gushes out of the side of a cliff. People flock there to fill their jugs with the refreshing liquid.

Water quenches our thirst and sustains our life. Sukkot begins Wednesday night with holiday services Thursday and Friday mornings at 9:30 AM. When the Temple stood in Jerusalem there was a joyous celebration called Simchat Bet Hashoavah. “Every day of the year, after the sacrifice was burned, an offering of wine was poured on the altar. During Sukkot, there was also a water libation (nisukh hamayim). Some have suggested that it was a folk rite, an inducement for rain made by pouring out water at the season’s onset, transformed by the rabbis into a symbolic Temple ritual.

“Each morning of Sukkot, the priests went to the pool of Siloah (Silwan) near Jerusalem to fill a golden flask. Shofar blasts greeted their arrival at the Temple’s Water Gate. They then ascended and poured the water so that it flowed over the altar simultaneously with wine from another bowl. 

“Based on Isaiah’s promise “With joy shall you draw water out of the wells of salvation” (12:3), rejoicing began at the end of the first day and took place every night except Shabbat. Talmud recorded that “one who had never witnessed the Rejoicing at the Place of the Water Drawing had never seen true joy in his life.” (Although the celebration was for the libation that would be made the next morning it was named for the preparation for the ritual — the water drawing — which the rabbis said showed that getting ready was sometimes of greater merit than the mitzvah, or commandment, itself because of its positive effect on the person doing it.)” (https://www.myjewishlearning.com/article/simchat-beit-hashoavah-the-water-drawing-festival/)

Although we don’t perform this ritual today, Sukkot culminating with Simkhat Torah reminds us that we have continual source of spiritual refreshment. Of course I’m referring to the Torah which has been compared to water because revives those who study it.

Are you thirsty today? This Sukkot make Torah study part and parcel of your week. Be on the lookout when our adult continuing education classes begin after the holidays and our scholar lecture series begin with Dr. Benjamin Gampel who will explore with us the Jewish experience of the “Golden Age of Spain.”

Chag Samayakh and Shabbat Shalom,

Choose your friends wisely TB Baba Batra 109

 In the book of Judges we learn that “The Danites set up the sculptured image for themselves; and Jonathan son of Gershom son of Manasseh, and his descendants, served as priests to the Danite tribe until the land went into exile.” (18:30) Trying to understand Jonathan’s true lineage because of the ambiguity in verse 17:17 “And there was a young man of Bethlehem in Judah of the family of Judah who was a Levite, and he sojourned there” (Judges 17:7), Rava bar Rav Ḥanan identifies him as a descendent of Moses, “he was the son of Manasseh; but wasn’t he the son of Moses, as it is written: “The sons of Moses: Gershom and Eliezer” (I Chronicles 23:15)?

“Rava bar Rav Ḥanan explains the verse: Rather, although he was the son of Moses, because he acted as Manasseh the king of Judah, who was notorious for idol worship, acted, the verse linked him to Manasseh by calling him “the son of Manasseh.” Here too, in the verse from which you seek to prove that one’s mother’s family is called one’s family, since he acted as Manasseh, who came from the tribe of Judah, acted, the verse linked him to Judah by stating that he was “of the family of Judah,” but he was, in fact, a Levite.” (TB Baba Batra  daf 109, Sefaria.org translation)

From here  rabbis learn a very important lesson. We tell our children to choose their friends wisely. A bad friend will influence you adversely. The Gemara reminds us that this good advice applies to us adults as well.

“In connection with this, Rabbi Yoḥanan says in the name of Rabbi Shimon ben Yoḥai: From here it is learned that corruption is linked to one who is corrupt, as this man was linked to Manasseh and Judah despite having no familial connection to them. Rabbi Yosei bar Ḥanina says: That concept can be seen from here, in the matter of Adonijah, the son of David: “And he was also a very handsome man; and she gave birth to him after Absalom,” (I Kings 1:6) but Adonijah wasn’t the son of Haggith and Absalom was the son of Maachah, so why does the verse state: “And she gave birth to him after Absalom,” as if they were sons of the same mother? Rather, since Adonijah acted in a manner fit for Absalom, who also rebelled against the monarchy, the verse linked him to Absalom, referring to him as his full brother. Here too, with regard to Jonathan, since he acted as Manasseh acted, the verse linked him to Manasseh.” (Sefaria.org translation)

We study this daf on Yom Kippur this year. We should take this lesson to heart and choose our friends wisely. If we keep company with those who were wise, kind, and generous, we shall become wiser, kinder, more generous in this new year of 5785.

Gemar Khatima Tova, May you be inscribed in the Book of life

The opportunity reconciliation#Yom Kippur#devartorah

Jesse Jacobs has created an apology hotline that makes it possible to apologize without actually talking to the person you’ve wronged. People who are unable or unwilling to unburden their conscience in person call the hotline and leave a message on an answering machine. Each week, 30 to 50 calls are logged, as people apologize for things from adultery to embezzlement. “The hotline offers participants a chance to alleviate their guilt and, to some degree, to own up to their misdeeds,” said Jacobs.

The apology hotline may seem to offer some relief from guilt, but this is not how Judaism teaches us how to handle conflict. The Mishnah in tractate Yoma describes two kinds of relationships, the relationship between human beings and the Holy One Blessed be He and the relationship between two human beings, when comes to Yom Kippur. “Furthermore, for transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person.” (Sefaria.org translation) the Gemara goes on that we should be reconciled with one another, eagerly, aggressively, quickly, and personally.

Are any of your relationships broken or estranged because of something you said or did? Take the initiative before or during Yom Kippur. Go and do all you can to be reconciled.

May you have a meaningful fast.

You can become the best version of yourself this year #RoshHashanah#devartorah

When Bryony turned thirty, she was sad to still be in a sales job she’d never liked. She decided it was time to stop procrastinating and find a new career. For David, Erev Rosh Hashana had him looking in the mirror vowing this would be the year he lost weight. And for James, it was watching another month pass without his angry outbursts decreasing. Next month, he promised himself, he would try harder.

If you’ve ever vowed to change at the start of a new month, new year, or a major birthday, you’re not alone. Researchers even have a name for it: the fresh start effect. They suggest that at calendar points like these we’re more prone to assess our lives and try putting our failures behind us to start over. Wanting to be better people, we long for a fresh start.

Our tradition speaks powerfully to this longing, offering a vision of what our best selves can be and calling us to leave our past selves behind . Repentance, teshuva, offers this change not by decisions and vows alone, but by our actions.

Becoming the best version of ourselves is the ultimate fresh start. Rosh Hashanah provides us the opportunity to become the people we truly want to be. Your new life can start right now in 5785.