People make New Years resolutions. Mine was to read a page of Talmud every day, a practice known as daf yomi. There are 2,711 pages of Talmud. It will take over 7.5 years. This is my daily blog with at least one gem from each page I have read. Join me, and see this sacred book through the eyes of a progressive female Rabbi.
Today’s daf explores the kind of person who can serve as a judge and/or as a witness. It talks about how a person spends their time, and that we should have jobs that make a difference in the world (quite a gem for a rabbi). And, it discusses what real repentance might look like.
There was a certain slaughterer about whom it was discovered that a tereifa,an animal with a wound that would have caused it to die within twelve months, emerged from his possession. In other words, he sold tereifa meat without informing the customers of its status. Rav Naḥman disqualified him from bearing witness and removed him from his position as a slaughterer. The slaughterer subsequently went and grew his fingernails and his hair out of remorse over his actions. Rav Naḥman thought to deem him fit again for bearing witness, as he clearly repented, and once someone repents for his sin, his status as a valid witness is restored. Rava said to Rav Naḥman: Perhaps he is employing artifice, pretending to repent in order to be reinstated as a slaughterer. Rather, what is his remedy? It is in accordance with the statement of Rav Idi bar Avin; as Rav Idi bar Avin says: One who is suspected of selling tereifot to others has no remedy to restore his fitness to bear witness until he goes to a locale where they do not recognize him and returns a lost item of substantial value that he finds, or removes his own tereifa meat of significant value from his possession. These actions demonstrate that he has repented, as he is willing to lose money for a mitzva. By contrast, if he does so in a place where he is recognized his fitness in not reinstated based on these actions, as perhaps he performed them only in order to be reinstated
How do we make up for our wrongs? How do we demonstrate that we have really changed? We have changed when we do the right thing when no lone is looking, when we don’t do that thing again – not because we don’t want to get caught, or that we want others to trust us – but because we are just not the kindof person who does that (wrong) thing anymore.
Another love story. This one between rabbis who so respect one another. It begins when something is taught int he name of Rabbie that makes no sense to Reish Lakish. . .
The Gemara returns to discuss the matter itself: Reish Lakish says: Would a holy mouth, i.e., that of Rabbi Meir, say this strange statement, that a litigant can prevent a witness from testifying against him? Rather, emend the text of the mishna and teach: His witness, in the singular, meaning that a litigant can disqualify only a witness who testifies alone.
Now, the Gemara asks if it’s normal for Reish Lakish to show such deference when Reish Lakish is such an amazing Torah scholar:
The Gemara asks: Is that so? Was it in character for Reish Lakish to speak of Rabbi Meir with such reverence when disagreeing with his ruling? But doesn’t Ulla say: When one sees Reish Lakish studying Torah in the study hall it is as though he is uprooting mountains and grinding them into each other? Reish Lakish was evidently very sharp in his analyses.
Ravina points our that Rabbi Meir is also ab amazing scholar, maybe even greater than Reish Lakish!:
Ravina said in response: What is the difficulty? But is it not so that when anyone sees Rabbi Meir studying Torah in the study hall, it is as though he is uprooting the highest of mountains and grinding them into each other? Rabbi Meir was a greater scholar than Reish Lakish, so it was fitting for Reish Lakish to speak of him with reverence.
Then the Gemara shifts and says that it’s not about who was the greater scholar, it’s that Lakish loved and respected Meir:
This is what the Gemara is saying: Come and see how much the Sages love each other. Although Reish Lakish was himself very sharp and a great Torah scholar, he spoke of Rabbi Meir with reverence. The Gemara cites another example of Torah scholars who spoke of each other with reverence. It is like that incident where Rabbi Yehuda HaNasi sat and said: It is prohibited to insulate cold food on Shabbat to keep it cold, as this may lead one to insulate hot food on Shabbat to keep it hot. Rabbi Yishmael, son of Rabbi Yosei, said before him: My father ruled that it is permitted to insulate cold food on Shabbat. There is no concern that this will lead one to insulate hot food on Shabbat. Rabbi Yehuda HaNasi subsequently said to those who asked him about this issue: I retract my previous statement; the elder, Rabbi Yosei, has already issued a ruling on this topic, and I defer to his ruling. Rav Pappa says: Come and see how much they loved each other. As, had Rabbi Yosei still been alive, he would have been subordinate to and sitting before Rabbi Yehuda HaNasi as his student, as Rabbi Yishmael, son of Rabbi Yosei, was his fathers’ replacement, i.e., he was as great a Torah scholar as his forebears, and he was subordinate to and sitting before Rabbi Yehuda HaNasi as his student. And, nevertheless, Rabbi Yehuda HaNasi said: The elder has already issued a ruling on this topic, and he deferred to Rabbi Yosei’s ruling.
If only we could all be so humble and respectful of our teachers and elders. To think maybe they know better then we do.
In TV dramas you will often hear lawyers saying the outcome depends on getting the right judge. So, what if you could pick your judge? Today’s daf explains that in the case of monetary matters where there is a court of three – that you get to pick your judge!
This litigant chooses one for himself and that litigant chooses one for himself, and the two of them choose one more for themselves; this is the statement of Rabbi Meir. And the Rabbis say: The two judges that were chosen choose one more judge for themselves.This litigant can disqualify the judge chosen by that litigant and that litigant can disqualify the judge chosen by this litigant; this is the statement of Rabbi Meir. And the Rabbis say: When can one of the litigants disqualify the judges? Only when he brings evidence about them that they are related to one of the litigants or to each other, or that they are disqualified from serving as judges for another reason. But if they are fit to serve as judges or are experts ordained by the court, he cannot disqualify them.
I kinda like this idea a that each party picks a judge and then either the parties or the judges have to agree to a third. I believe it would make for a more impartial court. That’s the goal – to just do justice. However, we all have bias, even if unconscious, so we need to do our best to create protections against favoritism.
Rabbi Eliezer says: Concerning anyone who divorces his first wife, even the altar sheds tears about him, as it is stated: “And further, this you should do: Cover the altar of the Lord with tears, with weeping and sighing, from His no longer showing regard to the offering, nor receiving it with goodwill from your hand” (Malachi 2:13), and it is written: “Yet you say: Why? Because the Lord has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion and the wife of your covenant” (Malachi 2:14)
The second is the pain of losing a spouse:
And Rabbi Yoḥanan says: For any man whose first wife dies, it is as if the Temple were destroyed in his days, as it is stated: “Son of man, behold, I take away from you the desire of your eyes with a stroke; yet neither shall you make lamentation nor weep, neither shall your tears run down” (Ezekiel 24:16). And it is written: “So I spoke to the people in the morning and in the evening my wife died” (Ezekiel 24:18). And it is written in the continuation of the same passage: “Behold I will profane My Sanctuary, the pride of your power, the desire of your eyes” (Ezekiel 24:21), illustrating that a man’s wife is as precious to him as the Temple is for the entire Jewish nation. Rabbi Alexandri says: For any man whose wife dies in his days, the world is dark for him, as it is stated: “The light shall be dark in his tent and his lamp over him shall be put out” (Job 18:6), since the word tent is commonly employed as a metonym for a wife. Rabbi Yosei bar Ḥanina says: His steps get shorter, as it is stated: “The steps of his strength shall be constrained” (Job 18:7). Rabbi Abbahu says: His counsel falls, as it is stated: “And his own counsel shall cast him down” (Job 18:7).
And now, how impossible it is to find your besheret.
Rabba bar bar Ḥana says that Rabbi Yoḥanan says: It is as difficult to match a couple as the splitting of the Red Sea. . .
And now, that your spouse is your heaven sent besheret:
Rav Yehuda says that Rav says: Forty days before the formation of the fetus a Divine Voice emerges and states: The daughter of so-and-so shall be the wife of so-and-so.
The irreplaceability of your spouse:
Rabbi Shmuel bar Naḥman says: For everything that is lost there is a substitute, except for one’s wife from youth who dies, as it is stated: “And a wife from youth, can she be rejected?” (Isaiah 54:6).
How your spouse gives you calm:
Rav Yehuda taught Rav Yitzḥak, his son: A man finds calmness of spirit only from his first wife, as it is stated: “Let your fountain be blessed and have joy with the wife ofyour youth” (Proverbs 5:18).
And even those cantankerous relationships might actually be good ones:
Rav Yitzḥak, his son, said to him: Such as whom? Rav Yehuda said to him: Such as your mother. The Gemara wonders: Is that so? But didn’t Rav Yehuda once read to Rav Yitzḥak, his son, from the verse: “And I find more bitter than death the woman whose heart is snares and nets” (Ecclesiastes 7:26)? And Rav Yitzḥak said to him: Such as whom? And Rav Yehuda said to him: Such as your mother. The Gemara responds: This is not a contradiction. Granted, she is difficult and angry, but afterward she is conciliatory, so she is both more bitter than death and a source of calmness and joy for him, at different times.
One of the most horrific scenes in the Tanakh (and there are many), is the rape of Tamar by her half brother Amnon. The daf today discusses this scene – and has a few additions that give Tamar a form of justice.
This may be my favorite daf so far.
What you should know, is that Amnon and Tamar are both King David’s children through different mothers. Amnon wants to have sex with Tamar, and so she avoids him. In the scene from II Samuel, Amnon is “love sick” and his friend, Yonadav, helps him to hatch a plan.
The verse states: “And Amnon had a friend whose name was Yonadav, son of Shimeah, David’s brother, and Yonadav was a very wise man” (II Samuel 13:3). Rav Yehuda says that Rav says: A wise man for wickedness.
(Okay, already amazing commentary. “Yeah, he was wise . . . wise for wickedness!”)
The verse recounts Yonadav’s words to Amnon: “And he said to him: Why, son of the king, are you so becoming leaner from day to day…and Yonadav said to him: Lie on your bed and feign illness, and when your father comes to see you, say to him: Let my sister Tamar come, please, and give me bread, and she should dress the food in my sight…And she took the pan and poured them out before him” (II Samuel 13:4–5, 9). Rav Yehuda says that Rav says: This means that Tamar prepared various kinds of fried [tiggun] food for Amnon.
What the text skips, assuming we all know the story, is that Amnon pretends to be sick so David sends Tamar to take care of her brother. She cooks for him and when she comes to feed him, he grabs her and rapes her. She begs him not to, even saying that he should ask their dad, that David won’t deny him, but that she is a virgin and what he is doing will ruin her, disgrace her. But he rapes her anyway. It says that Amnon then hates her and kicks her out of the room, making it even worse as she now has no protection.
At the end of the story, the verse states: “Then Amnon hated her with exceeding, great hatred, for greater was the hatred with which he hated her than the love with which he had loved her” (II Samuel 13:15).
Now it gets good.
The Gemara asks: What is the reason for Amnon’s intense hatred? Rabbi Yitzḥak says: While he raped her, a hair [nima] of hers became tied around his penis and caused him to be one whose penis has been severed.
That’s right! Hair can cut off circulation to limbs and they can die off! Here, they are saying one of her hairs gets wrapped around her penis. And yes . . . we find out what kind of hair.
The Gemara asks: But if the hair became tied around his penis, what did she do? Why would Amnon hold this against her? Rather, say that she intentionally tied a hair around his penis during intercourse, and she made him one whose penis has been severed in order to take revenge on him, and for this he hated her.
So, he would only be mad if she did this on purpose? Are we reading the same story? But you got to LOVE the punishment fitting the crime.
The Gemara challenges this: Is that so? But didn’t Rava interpret a verse homiletically: What is the meaning of that which is written: “And your renown went forth among the nations about your beauty” (Ezekiel 16:14)? This teaches that Jewish women do not have armpit hair or pubic hair. Therefore, Tamar would have had no hair to injure Amnon in that way.
THAT”S RIGHT! They think it’s her pubic hair! Don’t worry, it gets good again.
The verse relates that after Amnon raped her: “And Tamar put ashes on her head and rent her garment of many colors that was on her” (II Samuel 13:19). The Sages taught in the name of Rabbi Yehoshua ben Korḥa: Tamar established a great fence at that time by way of her public outcry, as people said: If such an occurrence could happen to the daughters of kings, all the more so could it happen to the daughters of ordinary people. If such an occurrence could happen to modest women like Tamar, who resisted, all the more so could it happen to licentious women. Rav Yehuda says that Rav says: At that time they decreedabout seclusion, that a man should not be secluded with women who are forbidden to him, and about a single woman.
Tamar changed society by making knowledge of her rape public. It was not her fault (it’s never the victim’s fault), and she wanted others to know.
Gisèle Pelicot has recently garnered a huge following for being very public about her rape, bringing 50 men to trial and then to justice. Women came in droves to the courthouse to share their support and cheer her on.
Let’s hope that the Tamars and Gisèles of the world can make the world more just and change the stigma.
And so would Rabbi Yehuda say: Three mitzvot were commanded to the Jewish people upon their entrance into Eretz Yisrael, which apply only in Eretz Yisrael: They were commanded to establish a king for themselves (see Deuteronomy 17:14–15), and to cut off the seed of Amalek in war (see Deuteronomy 25:17–19), and to build the Chosen House, i.e., the Temple, in Jerusalem (see Deuteronomy 12:10–12).
So, appoint a king, blot out evil, and make a space for God. How might we apply this to today?
If we make God our King, get rid of the evil within, then we will make the world a holy space where we feel God’s presence.
If you have ever judged a woman for wanting/needing a girlfriend to go with her to the bathroom – this daf is for you.
And Rami bar Abba says: Rabbi Yosei instituted an ordinance in Tzippori that women should converse in the bathroom, because of the restrictions on women being secluded with men.
That’s right! The rabbis ruled that women had to go in groups to the bathroom!!
And, while we are discussing judging others:
Reish Lakish says: This verse teaches a moral principle: Adorn [kashet] yourself first, and then adorn others, i.e., one who is not subject to judgment may not judge others.
That’s right – before you judge others, judge yourself.
From a legal perspective, all are equal before the law… in Jewish law. But, just like in our world today, there are people who have unique legal status and so we need to devote some time and study to how the law applies to them (which it does!): The King and The High Priest.
We have the king as head of state, and the High Priest who represents the holiness of the nation. We read in the Torah that they are judged uniquely in certain ways. In our daf today, we learn that they can only be judged by a great Sanhedrin! (71 judges might give a little more protection for each individual judge against any sort of retaliatory move.)
This is fascinating as our President-elect has been convicted of multiple felony charges and seems above the law, or at least its repercussions. Also interesting that our daf focuses so much on the separation of powers while our government seems to be eroding those firewalls. It certainly feels our highest court is not taking on the burden of ensuring all are equal before the law – including those of the highest station.
Humility is rewarded! Moses is asked in the Torah to select 70 elders. He can’t do it fairly because there are 12 tribes (and 70 is not divisible by 12). What does Moses do? He picks 72 potential elders and plans to select the 70 from this group by lottery, but the daf says two opted out of the lottery: Rabbi Shimon says: Eldad and Medad remained in the camp, as they did not want to come to the lottery for the Elders. At the time that the Holy One, Blessed be He, said to Moses: Gather for me seventy Elders, Eldad and Medad said: We are not fitting for that level of greatness; we are not worthy of being appointed among the Elders. The Holy One, Blessed be He, said: Since you have made yourselves humble, I will add greatness to your greatness. And what is the greatness that he added to them? It was that all of the prophets, meaning the other Elders, who were given prophecy, prophesied for a time and then stopped prophesying, but they prophesied and did not stop.
The requirements for a judge to be able to speak 70 languages to be on the Sanhedrin so no one can be condemned to the death penalty who has not been heard from and defended in their own language: And they must also be masters of sorcery, i.e., they know the nature of sorcery, so that they can judge sorcerers, and they must know all seventy languages in order that the Sanhedrin will not need to hear testimony from the mouth of a translator in a case where a witness speaks a different language.
Where a scholar should live: A Torah scholar is not permitted to reside in any city that does not have these ten things: A court that has the authority to flog and punish transgressors; and a charity fund for which monies are collected by two people and distributed by three, as required by halakha. And a synagogue; and a bathhouse; and a public bathroom; a doctor; and a bloodletter; and a scribe [velavlar] to write sacred scrolls and necessary documents; and a ritual slaughterer; and a teacher of young children.
Be humble, learn to understand what others are saying, and rely on others.
King David is famous for many things, including playing the lyre. Our gem is the playing of this lyre at midnight. . .
A lyre hung above David’s bed, and once midnight arrived, the northern midnight wind would blow on it and cause the lyre to play on its own. David would immediately rise from his bed and study Torah until the dawn arrived.
Now, what might this mean? Did David suffer from insomnia and play the lyre int he middle of the night? Or did the wind blow against it and he would awake? Or was it magic? This comment found on the daf has it’s equivalent in Eikhah Rabbah, written between 300-500, so these rabbis in the Gemara knew it well.
Eikhah Rabba 2:22: Rabbi Pinḥas said in the name of Rabbi Elazar bar Menaḥem: A lyre was placed under his head and he would rise and play it at night. Rabbi Levi said: A lyre was suspended over David’s bed. When midnight arrived, the north wind would come and the lyre would play on its own. That is what is written: “It was as the instrument played” (II Kings 3:15). It is not written here “It was as he played the instrument,” but rather: “It was as the instrument played,” the instrument played on its own. When David would hear its sound, he would arise and engage in Torah study. [People] would say: If David king of Israel is engaging in Torah study, all the more so for us. They immediately would begin engaging in Torah study.
Magic. (It also says that King David woke the dawn . . . but that’s another story.)
What we do see, besides a magic self-playing lyre, is the very real example David set. A leader should inspire his/her people to do and be better versions of themselves.
I leave you with another giant’s self-playing lyre.
2,711 pages of Talmud. A gem a day. 