The rabbis begin with their ongoing conversation about time. We were offered this window into their calculations of time to better elucidate their arguments about when we should stop eating leaven. They argue about how to accommodate for people's errors in judgement of time. Some rabbis liken this debate to giving testimony, where the court is taught to look toward the possibility of innocence in the accused; one should not be killed based on an uncertainty.
The expression quoted is "And the congregation shall judge... and the congregation shall deliver" (Numbers 35:24-25); "V'shafto ha'eda... v'hatzilu ha'eda". There were no advocates for the prosecution nor for the defence. Judges were told to look with diligence for signs of innocence.
Through this conversation, we learn that there are three types of questions posed to witnesses in interrogations:
1) The seven questions known as hakirot:
- in which seven-year Sabbatical cycle of the Jubilee did the incident occur?
- in which year of the seven-year Sabbatical cycle did the incident occur?
- In which month?
- On which date?
- On which day of the week?
- At which our of the day?
- At which place did the incident occur?
If the witness answers that he does not know, his testimony is void in an interrogation; However if he answers that he does not know, the testimony is valid in an examination
UNLESS two witnesses contradict each other, in which case the testimony is void.
2) Details about the act in question and about the perpetrator:
ex. do you know the parties involved, how did the accused perform the act, etc.
If he answers that he does not know, his testimony is void
3) Specific questions clarifying the details:
ex. tangential evidence, like what the perpetrator was wearing.
If he answers that he does not know, his testimony is valid;
However, if two witnesses disagree, their testimony is void.
Rabbi Yehuda and Rabbi Meir disagree about how much leeway one should be given if one errs in an estimate of time. However, they agree that there should be no leeway given if the difference between day and night is in question. That should be an obvious fact.
The rabbis wish to apply these arguments regarding testimony to the experience of eating leaven. However, Rabbi Abaye notes that "testimony is entrusted to the vigilant" (edut msura lazrizim). Everyone is required to remove leaven at the appropriate time regardless of our knowledge or standing. When giving testimony, there is an assumption that the witness knows when the incident took place.
After arguing about why and when leaven should be burned, the rabbis end the daf with a fascinating idea regarding breakfast. The Sages taught in a baraita:
Ludim, cannibals, eat in the first hour of the morning (ie. after sunrise), due to their ravenous natures.
Listin, robbers, eat in the second hour due to their night spent stealing.
Heirs eat in the third hour as they do not need to work.
Workers eat in the forth hour.
Torah scholars eat in the fifth hour, as they are busy studying and need not for food.
All other people eat in the sixth hour.
An interesting note states that most people eat at the forth hour through the year, and thus they will know that they have reached the fourth hour on Pesach - time to dispose of their leaven - due to hunger pains.
Another interesting note explains that people typically ate only two meals on weekdays: a large breakfast and a small dinner. On Shabbat, they ate three meals as dictated by halacha.
Clearly the rabbis are searching for instructions. How can they know what is the right time to dispose of leaven? How can they ensure that people know and follow that halacha? Through their examination of related halachot, we are given the opportunity to learn about how our rabbis thought, how they reasoned, how their courts worked, how they understood witnesses and people accused, how they measured time, and how people broke their fasts each day. Amazing.
Posts
No comments:
Post a Comment