Daf TB Baba Batra 130 reflects to two different worlds, the beit midrash (בֵּת מִדְרָשׁ), the study hall, and practical rabbinics. In the beit midrash all aspects of the subject are investigated and all halakhic possibilities are examined without coming to a definitive conclusion. In the world of practical rabbinics, the rabbis must answer the question what we do by saying “T him his is the practical halakha (halakha lema’aseh-הֲלָכָה לְמַעֲשֶׂה).
“The
Sages taught in a baraita: One may derive the halakha
neither from a statement nor from an incident where one saw a ruling issued
in a certain manner, unless the Sages explicitly tell him that it
is the practical halakha. If he asked the Sages and
they told him the practical halakha, he may go and act upon
the ruling in those circumstances…
“Rabbi
Asi said to Rabbi Yoḥanan: When the Master, i.e., Rabbi Yoḥanan, says to
us: This is the halakha, should we act upon the ruling? Rabbi
Yoḥanan said: Do not act upon the ruling unless I say that it is a
practical halakha.” (Sefaria.org translation)
Just the
other day I wrote about Rava’s ability to admit a mistake. In this daf he teaches his followers not to
follow him blindly. If they disagree with his ruling, they need to discuss it
with him for perhaps he will convince them that his right or perhaps he will
admit his mistake. He concludes that after his death and cannot be consulted, they
should trust their knowledge and understanding when ruling on a case.
“Rava
said to Rav Pappa and to Rav Huna, son of Rav Yehoshua: When a legal ruling of
mine comes before you and you perceive a refutation of it, do not tear it up
until you come before me to discuss it. If I have a valid explanation,
I will tell you, and if not, I will retract my ruling. If a ruling of mine
comes before you after my death, when you can no longer discuss
it with me, do not tear it up, but do not learn from it either, i.e., do
not rule in accordance with it. Do not tear it up, as had I been there,
perhaps I would have told you a valid explanation that you would
have accepted; but do not learn from it either,
as a judge has only what his eyes see as the basis for his ruling. One must
rule according to his own understanding.” (Sefaria.org translation)
When I was a
rabbinical school we felt the tension between the beit midrash world and
practical rabbinics. One of my most favorite teachers was Dr. Israel Francus of
blessed memory. I would take one of his courses every semester. One semester we
studied when a person may enter a boat before Shabbat. One has to establish his
residency before Shabbat makes when a person enters the boat important. The
type of boat is also important as well. The Gemara is ambiguous which allowed
the Rishonim to conclude anywhere between four days and up to candle lighting
time. Although the topic was interesting, we thought this topic was not
relevant to us as modern Conservative rabbis.
One day
sitting in the cafeteria, we learned that before Shabbat one of our friend’s
parents invited her to join them on a Danube river cruise. She had to meet
somewhere in Europe after the semester was over. She asked when she was allowed
to board the boat. We rattle off everything we have learned. I don’t remember
what she chose to do.
When we
returned to Dr. Francus’ class, we told him that of all the topics he taught us,
we thought the subject of boarding a boat before Shabbat was the most
impractical of all. And yet, that’s the only subject anybody ever asked us
practical halakha question. He responded with a twinkle in his eye, “Even if I
had known that, I still would have taught this topic.
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