Semicha: Halachic Methodology

Our first topic is the rule of בדיעבד – be-di-avad. Although it is prohibited to add a drop of milk to meat, the mixture is permitted as long as the ratio of milk to meat is less than 1:60. There are many other examples where actions are initially prohibited (לכתחילה), but after the fact (בדיעבד) the product is permitted. We will begin with examples that define the application of this principle in theoretical cases. Then we will see how to apply the rule in actual situations.

Topics we will begin to discuss in this session include: Kli ben yomo” and “kli she-eino ben yomo,” a non-Jew who cooks kosher food with his or her non-kosher utensils, and asking a non-Jew to cook kosher food in his or her non-kosher utensil.

In this session we will cover the principles of לכתחילה and בדיעבד in cases of rabbinic instruction; divorce documents; Sefer Torah; and situations of pressure.

At the halfway point of this course, the first question on the midterm exam will deal with the principles of be-di-eved.

The link gives access to an advertisement that has been widely circulated in my neighborhood. It claims that only their willows are acceptable for Sukkot because only their willows grow on the bank of a river. Other willows that are artificially watered are acceptable only be-di-eved according to the advertisement.

If you want to answer this question now, feel free to send me your answer. If you send your answer to me before Sukkot, I will look at it and respond to your answer before Sukkot.

This is the question: Do you agree that only willows that grow on the bank of a river should be purchased for use on Sukkot?

Our next topic is חומרא וקולא, when to be strict and when to be lenient. We will start with the sources that support a strict approach to halacha. (Don’t worry, we will also study the sources supporting leniency.)

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

Our next topic is the role of the majority in making halachic decisions. Does the majority view obligate us? Or are we entitled to follow a minority view.

In this session we are continuing with the previous topic.

Our next topic is (הלכה כאחרון (=הלכתא כבתראי.

This means that we embrace a more recent authority who disagrees with a previous authority.

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

In this session we are continuing with the previous topic.

Our next topic is contraception. We will begin to cover the basic sources in the Gemara and move on to the views of modern poskim in future shiurim. Sources are available both in WORD format and pdf through the links.

CONTRACEPTION 2: Next Sunday (12 February) we will complete our survey of the Talmudic and medieval sources and begin looking at the views of the modern poskim.

KABBALA AND HALACHA: What is the role of kabbalistic (mystical) sources in halachic discourse? How are contradictions between kabbala and halacha resolved? Our next topic will cover the approaches of the leading poskim to these questions.

In today’s class I hope we will complete our survey of conflict between kabbalistic and halachic sources. At the end of the class, I plan to begin presenting bibliographic materials to enable participants to research and find sources on halachic issues. We will begin with an introduction to the Talmudic Encyclopedia, Pachad Yitschak, and Sdei Chemed. As promised, the links provide the internet addresses of the encycopediae I discussed in class.

BIBLIOGRAPHICAL SOURCES: The links provide bibliographical material for researching halachic topics. These resources are organized in the order of the Shulchan Aruch. In class today, I will discuss the merits of each of these resources.