Saturday, 6 May 2017

Parsha: Emor, "Is Sefirat ha'Omer One Mitzva or Two?"

originally posted August 9, 2015

The Rambam firmly construes Sefirat Ha'Omer as one MitzvahSefer HaHinuch concurs with the Rambam's read. Abbaye, however, affirms in the Talmud that just as it is a Mitzva to count days – so it is a Mitzva to count weeks. 

These passages strongly suggest two separate MitzvotIn Parshat Emor we read, "Tisp'ru Chamishim YOM" (Vaykira:  23: 16), while the text states in Parshat R'eih, "Sheva Shavuot Tispar Lach" . (Devarim: R'eih: 16:9Doesn't it seem obvious that the two verses in the Torah describe two separate but equal actions?

Problem: How can an individual nowadays simply argue with the Rambam - especially without any further support? Furthermore, must I not construe the silence of so many peer reviews that as implicit acquiescence? 

A rabbinic intern recently provided an informative answer in his shiurRabbeinu Yerucham considers Sefirah as two separate MitzvotHe also posits that as well. My hypothesis now has supporting evidence.

I asked the speaker how he had found this relatively obscure source. He had noted that the new edition of the Minhat Hinuch has this source cited in the footnotes. This indicates that the matter assumed to be a slam dunk by the Hinuch is, in reality, a matter of dispute. Rabbeinu Yerucham had already articulated this voice of opposition, so I need no  longer be concerned about the silence of the peer review.


Case Closed


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Comment On Original Post.

Aside from a bit of Talmud Torah - why did I post this comment?

Sometimes we see something and we assume it to be axiomatic, mutually agreed upon. In attempting to master rational thinking, I came across the concept of "not jumping to conclusions".  After all, if Jews are always questioning,  why was the Rambam's ruling of only one mitzva never questioned? It seemed likely that seeing it as two mitzvoth was an equally good read.

Failing to research this myself, I humbly concluded that Rambam won by acclamation. Case Closed. QED. 

However, after attending a Shiur in which the rabbi found a source that did challenge this Rambam, I had to recant.  Now I realized that my question - my observation - had some validity in classic sources.  It was just unnecessary for other sources to question the Rambam once Rabbeinu Yerucham posed his challenge. I could no longer construe their silence as acquiescence to the Rambam's decision.

In fact, I could now conclude nothing. Although, I now suspect that the silence is possible confirmation that both reads are about 50-50. and therefore no one needs to enter the fray to reject either side as off-target.

This is an important principle to realize: just because we have not seen a competing source does not mean it is not there! I must also confess to not researching the matter in depth. It therefore has also taught me a bit of humility.

Shalom,

RRW

Parshat Emor - Ayin Tachat Ayin, etc.

originally posted May 7, 2015

ויקרא פרק כד

יז ואיש, כי יכה כל-נפש אדם--מות, יומת.  יח ומכה נפש-בהמה, ישלמנה--נפש, תחת נפש. 
יט ואיש, כי-יתן מום בעמיתו--כאשר עשה, כן יעשה לו. 
כ שבר, תחת שבר, עין תחת עין, שן תחת שן--כאשר יתן מום באדם, כן ינתן בו. 
כא ומכה בהמה, ישלמנה; ומכה אדם, יומת



Given:
ומכה נפש-בהמה, ישלמנה--
נפש, תחת נפש.

It seems obvious in context that when someone destroys another's OX that beit din does not destroy his OX!! Rather the damager pays comcpnesation.

And so too, it would seem from context - davar hallameid mai'inyono - that the rest of ayin tachat ayin addresses compensation, too!

And that the lone exception is explicit, namely murdering a fellow human, where execution is specified.

Kol Tuv,
RRW