Horayot 10 (עשה דהשלמה 2, צדוקין מודים בו, בטול וקיים מקצת)

Speaker:
Ask speaker
Date:
July 18 2019
Length:
1h 55min 9s
Downloads:
3
Views:
3431
Comments:
2

Series: Daily Shiur

Venue: YU Israel YU Israel

Gemara:
Horayot 

Collections: R' Bednarsh Horiyot Summer Kollel 2019

References: Horayot: 4a ,  Horayot: 4b  

Additional Materials

    More from this:
    Comments
    2 comments     Leave a Comment
    Title:
    Comment:
    Anonymous: 
    1. Title: Davar Shehatziddukim Modi Bo
      Author: Menachem Hojda
      Reply
      Shalom aleichem, I am currently learning Horayos and was struck by this term in the Gemara and how historically limited it is. I found your shiur on the topic and truly enjoyed it, but I had a thought and I wonder if you would be kind enough to share if this may make sense. Perhaps it lies in a fundamental difference between the Saducees and Pharasees regarding the role of Sanhedrin. The Saducess see the Torah as static. Torah as it was written (and understood) at Sinai is controlling and therefore the role of Sanhedrin is to interpret and apply the Torah. But the Pharasees see Torah as universal and therefore necessarily dynamic, therefore the Sanhedrin's role is to use the tools of Torah shebe'al peh to apply the Torah to a dynamic world. When they issue a ruling that condradicts a davar mephurash this is outside their authority as a Sanhedrin and this is either karov lemeizid and/or not a horaah me'alyah. However when they make a mistake in the application of a drasha this is a shogeg that requires a korban. Additionally applying the dynamic Torah Shebe'al Peh requires mesorah and being rauy lehora'ah. This is why the Gemara requires this in Horayot for a par he'elam davar shel tzibbur, but in Sanhedrin it is not the Sanhedrin, but rather a bes din shel chof gimmel. Therefore their role is simply to apply the Torah not to interpret it, and the requirements and qualifications are different. This could also explain the stirah in Rashi. Kol tuv, Menachem Hojda Oak Park, MI
    2. Title: Davar Shehatziddukim Modi Bo
      Author: Menachem Hojda
      Reply
      Shalom aleichem, I am currently learning Horayos and was struck by this term in the Gemara and how historically limited it is. I found your shiur on the topic and truly enjoyed it, but I had a thought and I wonder if you would be kind enough to share if this may make sense. Perhaps it lies in a fundamental difference between the Saducees and Pharasees regarding the role of Sanhedrin. The Saducess see the Torah as static. Torah as it was written (and understood) at Sinai is controlling and therefore the role of Sanhedrin is to interpret and apply the Torah. But the Pharasees see Torah as universal and therefore necessarily dynamic, therefore the Sanhedrin's role is to use the tools of Torah shebe'al peh to apply the Torah to a dynamic world. When they issue a ruling that condradicts a davar mephurash this is outside their authority as a Sanhedrin and this is either karov lemeizid and/or not a horaah me'alyah. However when they make a mistake in the application of a drasha this is a shogeg that requires a korban. Additionally applying the dynamic Torah Shebe'al Peh requires mesorah and being rauy lehora'ah. This is why the Gemara requires this in Horayot for a par he'elam davar shel tzibbur, but in Sanhedrin it is not the Sanhedrin, but rather a bes din shel chof gimmel. Therefore their role is simply to apply the Torah not to interpret it, and the requirements and qualifications are different. This could also explain the stirah in Rashi. Kol tuv, Menachem Hojda Oak Park, MI

    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Debbie Nossbaum in loving memory of her father, Nathan Werdiger, נתן בן שלמה אלימלך and by Harris and Elli Teitz Goldstein l'ilui nishmas Elli's beloved father, הרה'ג רב פינחס מרדכי טייץ, on his 30th yahrzeit on ד' טבת and in loving memory of Dr. Felix Glaubach, אפרים פישל בן ברוך, to mark his first yahrtzeit, by Miriam, his children, grandchildren & great grandchildren