Showing posts with label Bava Kamma. Show all posts
Showing posts with label Bava Kamma. Show all posts

Saturday, February 10, 2007

Why I Study the Talmud

It seems like I ask myself every day, "Why am I studying the Talmud?"

I currently am keeping up with the Daf Yomi process, reading a daf (page) a day. This is a simple morning ritual for me, sometimes reading in depth, sometimes skimming the daf for the day. One important thing that it has offered me is an overview of Jewish tradition and ritual that don't have, since I am not Jewish. While at times the topics can be obscure or seemingly repetitive, there are often wonderful, inspirational gems as well.

In addition to this for that last four months I have been trying to keep up with the class of Rav Michael Rosensweig as he covers parek Meruba of Bava Kamma. Here is a link to all the shiurim the Yeshiva University offers, which I discussed in my last post.

Rav Rosensweig's classes are extremely in-depth discussions of the Mishnah, Gemara and seemingly all the commentaries on a specific topic covered in either the Mishnah or Gemara. The difference between the Daf Yomi level of study and Rav Rosensweig's couldn't be clearer. Since September when I discovered the Rav Rosensweig's shirium, the Daf Yomi has covered over 150 daf, while Rav Rosensweig has covered 6 daf in over 50 separate shiurim each approximately 90 minutes long!

While I don't understand everything Rav Rosensweig discusses, because he uses an enormous amount Hebrew/Aramaic, over time (I have listened to 39 classes so far -- I am still 16 behind where he currently is) I have gathered more and more familiarity with the Hebrew/Aramaic.

But now to the basic question -- "Why?"

I am not Jewish and so I am not obligated to talmud Torah (studying the Torah) like traditional Jews are. The individuals to whom I am drawn like Rav Rosensweig don't represent a universalistic vision of the Talmud (for example, like Emmanuel Levinas), but a clearly orthodox and traditional vision of the Talmud and its study.

Yet, I just can't get enough of Rav Rosensweig's teachings (in other postings I will include links to his writings and other audio shiurim). There is a seriousness, clarity and yet lightness in his presentation, along with a seemingly encyclopedic knowledge of the sources that draws me in.

When I turn to other traditions that I have been drawn to in the past: Catholicism, Buddhism, philosophy and poetry -- while they offer a seemingly more universal message of love or emptiness or creativity or attention, which are clearly useful and helpful, these discussions now seem so abstract, so mystical that they don't appeal at this time.

This reminds me of what Rav Joseph Soloveitchik wrote in Halakhic Man:

It is here, in this world, that halakhic man acquires eternal life! “Better is one hour of Torah and mitzvoth in this world than the whole life of the world to come,” stated the tanna in Avot [4:17], and this declaration is the watchword of the halakhist. 30

The Halakhah is not at all concerned with a transcendent world. The world to come is a tranquil, quiet world that is wholly good, wholly everlasting, and wholly eternal, wherein a man will receive the reward for the commandments which he performed in this world. However, receiving of a reward is not a religious act;
therefore, halakhic man prefers the real world to a transcendent existence because here, in this world, man is given the opportunity to create, act, accomplish, while there, in the world to come, he is powerless to change anything at all. 32

What can be more exciting, more challenging, more inspiring than this?

Nothing!

And it is this sense of dedication and drive that I find in Rav Rosensweig's shiurim, and it is why I listen to his classes nearly every day. They help me get in touch with the "ideal of halakhic man [which] is the redemption of the world not via a higher world but via the world itself, via the adaptation of empirical reality to the ideal patterns of Halakhah." 37-38

To me the parek, Meruba, that YU has been covering -- which basically discusses the issue of stealing (gezeilah -- robbery and geneivah -- thievery) is a perfect example of looking at "empirical reality" through the "ideal patterns of Halakhah," which for myself certainly help me see my day-to-day reality with new eyes.

Thursday, September 21, 2006

Amazing Bava Kamma Resources

As you all know I try to spend some time each day exploring and swimming in the sea of the Talmud. Since the beginning of the latest Daf Yomi cycle, have been keeping up with it as best I can. It currently is reading the Succah tractate, which covers the festival of Succah that occurs a few days after Yom Kippur, in which traditional Jews build a succah (booth) and are supposed to eat and sleep in it for the week of the festival. I have included some excerpts in the blog.

The Talmud passages spend a LOT of time on the dimensions and measurements and materials of a succah, so it can seem rather esoteric to someone like myself who won’t be building a succah, any time soon.

However, there are other tractates of the Talmud that deal with more “real world” topics. In particular there is the order called Nezikim (damages) and within that are the Bavas (gates) – which deal with civil law.

Since I bought my Ipod in November, I have been listening to talks by Rabbi Shlomo Singer from the Passaic Torah Institute on the first chapter (of ten) of Bava Kamma (he has taken over a one and a half years of two to three per week 40-minute lectures to cover the first chapter). They are really quite wonderful and he does a wonderful job of making them relevant to our day-to-day lives.

For a nice introduction to Bava Kamma -- http://en.wikipedia.org/wiki/Bava_Kamma

Now it turns out that Yeshiva University – the leading Modern Orthodox university in the States, is covering Bava Kamma this year. And that means that there are a number of lecturers presenting on the topic and they will be presenting ALL YEAR on it.

You can listen to them here – Bava Kamma lectures

There are at least 5 different Rabbis speaking about the same Perek (chapter) – that is Meruba (chapter 7), which deals with stealing and robbery. I am still trying to figure out which one I can follow most easily, since some use more Hebrew than others.

The first Mishnah of Meruba reads:

Mishnah: The rule of twofold payment is more inclusive than the rule of fourfold or fivefold payment. For the rule of twofold payment applies to both living things and to inanimate things, whereas the rule of fourfold and fivefold payment applies only to an ox or sheep alone, as it is stated: “If a man shall steal an ox or a sheep, and he slaughters it or sells it, etc. [he shall pay five cattle in place of the ox, and four sheep in place of the sheep] [Exodus 21:37]. One who steals after a thief does not pay the twofold payment, nor does one who slaughters or sells after a theif pay the fourfold or fivefold payment.

There is also an ongoing lecture by Rabbi Rothwachs, who is presenting on chapter 3 (Hamaniach) which with types of damages (for some reason they are not labeled on the search page, but can be found by clicking on the ":" near the bottom of the list. The opening Mishnah of Hamaniach reads:

Mishnah: If one places a kad in the public doman, and another person comes along and stumbles over it and breaks it, he [the pedestrian] is not liable to pay for it. And if he [the pedestrian] was damaged by it, the owner of the chavis is liable to compensate him for the damage.

A couple notes might help here: a kad is usually a jug or a pitcher, while chavis, usually means barrel. However, they are used interchangeably here and elsewhere (which of course, leads to much discussion). Also note that there is a basic premise in Bava Kamma, called adam muad l’olam, which basically means that “humans are always responsible for their actions” – to read more about it, Google “adam muad l’olam” and the first selection that comes up is my entry on my blog Talmudic Questionings!

------------------

While at times I wonder about why I am so drawn to the Talmud, but it is the nitty-gritty, real world nature of these discussions that are also completely interwoven with a sense of the transcendent that draws me back again and again.

Perhaps these new series of lectures may be just the invitation to enter this world as well.

Tuesday, July 18, 2006

Adam Muad L'Olam

The phrase "adam muad l'olam" is one of the most important phrases within the Talmudic Bava Kamma tractate. Bava Kamma means "First Gate" and covers civil and criminal law.

A basic translation would be that "man is always a muad." To begin to understand this idea we first need to learn what a muad is.

The basic focus of Bava Kamma is on damagers and their penalities. The Sages use an ox to represent one's property and then they explore innumerable ways that this property (the ox) can cause damage. In fact, they delineate three specific ways an ox can cause damage: shein, regel and keren. Shein (lit.tooth) represents possible damage that an ox does when it eats. Regel
(lit. foot) represents damage caused when the ox walks. And keren (lit. horm) represents damage caused when the ox gores something with its horn.

Within the Bava Kamma each of these types are determined to represent a more general type of damage:
  1. Shein -- The act of damage that an animal does in the case of normal self-gratification.
  2. Regel -- The act of damage that an animal does in the course of normal movement.
  3. Keren -- The act of damage that an animal does with destructive intent and which is unusual for animals and their species.
Within keren there is another distinction between a tam and a muad. When an ox causes damage by goring another animal, it is considered a tam (lit. ordinary) for the first three times it gores. After the third time, it is considered a muad (lit. warned one). For the first three gorings, the owner of the ox is obligated to pay only half the damages done. When the ox becomes a muad, the owner must pay full damages from his best property.

So, if we return to the phrase -- adam muad l'olam -- and know that adam means "man or humankind" and l'olam means "always," we see that the phrase can be interpreted to mean that "humans are always warned ones." Another way of saying this is that we are "always responsible." In fact, in the Mishnah on daf 26a in Bava Kamma where this phrase is used, it goes on to say that humans are liable for damages they do whether awake or asleep, whether intentionally or unintentionally.

While the Talmudic Sages discuss this issue in amazing depth and detail, it is the
online shiurim (lectures) on Bava Kamma from Rabbi Shlomo Singer from the PTI Yeshiva that have brought the importance of this idea most clearly home. As he stresses over and over and over again, if it is true that adam muad l'olam, then we have to be ever vigilant about each of our actions and each of our words -- we are responsible for the consequences. We are muad. We have been warned, so we have to focus much energy on our improving our character (our midos) to ensure that we do not hurt others with our actions or words.

Rabbi Singer does a wonderful job throughout his shiurim in bringing the often complicated Talmudic analysis into our everyday lives. And I believe that the phrase --
adam muad l'olam -- is a wonderful reminder to keep in our minds as we move about in the world and touch the lives of so many people.