Shabbat Parashat Tazria| 5766
Tazria | | 1/1/2005
Our parasha begins with the laws of impurity after the birth of a child. The laws of purity and impurity belong to the area of the Torah that are chok, meaning that we are not able to fully comprehend the reasons behind the laws (see Bamidbar 19:2). The same is so of the specific laws after birth (see Nidah 35b). Despite this fact, we will try to learn certain lessons, which the Torah seems to be hinting to us in this regard. There are inborn, fundamental differences between males and females.
Last time we began to show the halachic basis for the second possibility for the approach to arriving at a ruling. It reads: “Possibility 2: Beit din will rule in the matter according to its best judgment, [based on informal criteria] based on the evidence before it.” We quoted the Rambam who talks about the ability of a dayan “to judge in monetary matters based on things that his mind “leans” to believe are true and the matter is strong in his heart that it is the case, even though there is no clear proof.” The Rambam, as usual, is based on a gemara.
The Shulchan Aruch (Orach Chayim 432:2) rules: “If the homeowner wants, he can have members of his household stand by him when he makes the beracha [before beginning to search the house for chametz], and then they will disperse to check, each person in a different place, in reliance on the homeowner’s beracha.” The Magen Avraham (ad loc.) explains that this is based on the rule (in siman 8) that when several people do a mitzva at the same time, one can make the beracha on behalf of all.
This edition of
A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).