web analytics
August 22, 2014 / 26 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Home » Judaism » Parsha »

Rov Or Chazakah: Which Is Better?


Red Heifer

Photo Credit: Wikimedia

The beginning of this week’s parshah discusses the halachos of a parah adumah (red heifer). The red cow is shechted and burnt, and its ashes are sprinkled on one who is tamei meis. The individual thereby becomes pure.

The Gemara in Chullin 11a asks: Where in the Torah is the source for the halacha that one may follow a majority found in nature or tendencies (ruba d’lessa kaman). One answer that the Gemara suggests is that it is derived from the parah adumah. The Gemara explains that the pasuk says, “veshachat vesaraf – and you shall slaughter and burn it,” from which we learn that just as a cow must be whole and intact when it is slaughtered, so too the cow must be whole and intact when it is burnt. The Gemara says that since the Torah refers to the parah adumah as a chatas, it must not be a traifa. The Gemara asks: How can we be certain that the cow is not a traifa, since if it must be intact we cannot check its insides to determine whether it is a traifa. This is proof that the Torah intended for us to rely on the fact that the majority of cows are not traifes.

Tosafos (Chullin 11a, d”h minah) quotes from the ba’alei Tosafos Rabbeinu Chaim that we learn from parah adumah another halacha concerning following a majority (rov). He says that we draw from this that in a situation where there is a rov and a chazakah that states the opposite, we follow the rov. This is known as ruba v’chazakah, ruba adif. We see this because there is a chazakah here that stands against the rov, yet the Gemara says we follow the rov. The chazakah is that the individual was certainly tamei prior to the sprinkling of the ashes, but now a doubt arises as to whether the cow was a traifa and fit to be a parah adumah. The chazakah of the person indicates that he should remain in his current status, namely to remain tamei. However, since there is a rov that says that the animal is not a traifa, we follow the rov – and the person is tahor.

Tosafos uses the opinion of Rabbeinu Chaim to answer the following question (after a quick review) that he has on the Gemara: The Gemara asked for the Torah source on the issue of following a rov. Tosafos asks why the Gemara did not derive this from the pasuk that teaches us that we may follow a chazakah? Since ruba v’chazakah, ruba adif indicates that a rov is better than a chazakah we certainly may follow a rov. Tosafos at first answers that according to one opinion in the Gemara, we do not obtain the halacha that we may follow a chazakah from a pasuk. So in his view the Gemara is asking what the source is for the halacha that we may follow a rov.

Tosafos then says that according to Rabbeinu Chaim the question does not apply. This is because according to Rabbeinu Chaim we do not logically know that a rov is better than a chazakah; rather, we only know it after we learn from the pasuk that we can follow a rov. Therefore the Gemara is justified when asking what the source for following a rov is, even if we know the source for the halacha that we may follow a chazakah. This is so because we do not know that a rov is better than a chazakah until we know that we can follow a rov.

It seems clear to me that the two answers in Tosafos disagree as to whether the rule that we follow a rov over a chazakah is based on logic or if it is a divine decree that exists out of logic. The explanation in logic as to why we would follow a rov over a chazakah is because the two halachos work entirely differently. A rov is a tool that can be used to clarify the unknown. For example, in the case of whether the animal is a traifa, the rov can clarify that it is not a traifa. Chazakah, on the other hand, is not a clarifying tool but rather states that things must remain in place until we know for certain that they have changed. The Torah only said that we should rely on a chazakah when we do not know how to determine the unknown. But where a clarifying tool is available, i.e. a rov, we know the unknown and have no need to remain in the status quo. This is what Tosafos held in his question and first answer, when he said that the Gemara is only asking based on the view of the one who said that there is no pasuk from which we derive the halacha that we may follow a chazakah. Tosafos held that this logic dictates that a rov is better; thus if there was a pasuk to teach us that we may follow a chazakah, we would then be able to conclude that we can certainly follow a rov.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

One Response to “Rov Or Chazakah: Which Is Better?”

  1. Jesus shed his blood for us so we would not have to sacrifice animals to please G0D, Jesus sacrificed his life for us and we are saved by his blood and stripes on his back. God Bless America and Israel. Deliver us from the criminals running our country and let us return to the CONSTITUTION as our only way of Governing the country. It has worked successfully for over 220 years, SOCIALISM and Communism has never worked in any country it has been forced on. Return our country to God, eliminate all of OBAMA’S decrees because he is not a King or a Dictator. AMERICA WAKE UP AND VOTE THIS COMMUNIST?SOCIALIST out of office, then he should be prosecuted for FRAUD and Corruption. GOD HELP US ALL!

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
A member of Students for Justice in Palestine punched a pro-Israel student in the face at Temple University, Aug. 20, 2014. SJP claims the pro-Israel student provoked the incident.
Pro-’Palestine’ Students at Temple U Blame Victim for Altercation
Latest Judaism Stories
Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Lessons-Emunah-logo

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Daf-Yomi-logo

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

A bit of (non-Jewish) history can help us understand this week’s Torah portion: In the early 1500s, the Catholic church was being fundamentally challenged by movements which claimed it had monopolized religious power and used to enrich the church and its officials. The most radical of these movements were a particular sect of Anabaptists. Anabaptists […]

“When a mother plays with her child there is an acute awareness of the child. But even when the mother works at a job or is distracted by some other activity, there is a natural, latent awareness of her child’s existence.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Taste-of-Lomdus-logo

Tosafos there takes issue with Rashi’s view that the letters that are formed in the knots of the tefillin are considered part of the name of Hashem.

The Rambam says that in order to honor Shabbos, one must wash his hands, face, and feet with warm water on Friday.

The talmid is not allowed to speak up due to any fear. If he remains silent, he is in violation of this prohibition.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

There are several rules that one must adhere to when making a neder.

We need to understand why Moshe Rabbeinu decided to ask that his sons inherit his position after this new halacha was introduced.

If it is not prohibited when there is a purpose for inflicting the tza’ar, why was Bilam chastised for tza’ar ba’alei chaim?

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/rov-or-chazakah-which-is-better/2012/06/27/

Scan this QR code to visit this page online: