web analytics
May 29, 2015 / 11 Sivan, 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
What's happened to NYC's Celebrate Israel Parade?
Israel Rejects as ‘False’ UJA Federation’s Claims about Israel Parade ‘Inclusion’
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

What if someone would come to you and offer you everything that is desirable in this world, but with one condition: you have to give up your essence.

Rabbi Avi Weiss

Torah learning is valueless unless it enhances personal morality, fostering closer connection to God

Grunfeld-Raphael-logo

Why did so many of our great sages from the Rambam to Rabbi Moshe Feinstein live outside Israel?

Daf-Yomi-logo

Casting A Doubt
‘Shall We Say [They] Are Not Valid?’
(Nedarim 5a-7a)

I was about six years old at the time and recall that very special occasion so well.

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Why was Samson singled out as the only Shofet required to be a nazir from cradle to grave?

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

Tosafos suggests several answers as to how a minor can own an item, m’d’Oraisa.

This week’s video discusses the important connection between the Priestly Blessing and parenting.

Many of us simply don’t get the need for the Torah to list the exact same gift offering, 12 times!

There is a great debate as to whether this story actually took place or is simply a metaphor, a prophetic vision shown to Hoshea by Hashem.

Every person is presented with moments when he/she must make difficult decisions about how to proceed.

One does not necessarily share the opinions of one’s brother. One may disapprove of his actions, values, and/or beliefs. However, with brothers there is a bond of love and caring that transcends all differences.

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

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

Tosafos suggests several answers as to how a minor can own an item, m’d’Oraisa.

Taste-of-Lomdus-logo

The question is: What about pidyon haben? Can one give the five sela’im required for pidyon haben to a kohen’s daughter?

The mitzvah that parents must give their son a bris milah is a mitzvah that they must perform for someone else – namely their son.

The Bach writes that he mentioned his insights to many of the leading gedolim and no one disproved him.

The Bais Halevi answers that we must properly define what is considered to be “in the middle of a mitzvah.”

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

Why would it not be sufficient to simply state lehoros from which we derive that in such a state one may not issue any psak?

The Netziv answered that there is a difference between a piece of bread that was cut already in front of you, and one that was cut from beforehand.

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: