Pesachim 12b - Legal vs. Domestic matters

Abaye answered this on Raba's view: "Testimony is committed to men of care, leaven is committed to all."

The discussion on page 12 of Pesachim is about people making mistakes about the time - how much leeway do we give to witnesses who disagree about the time an act took place? To what extent can we say that they are probably referring to the same event but merely making an error about the time? And at what point do we just say they disagree with one another?

And once we know what the rabbis think about testimony, how does this relate to non-legal settings, such as eating chameitz on the 14th of Nissan? Can the same rules about making mistakes over time apply from the legal field to the domestic?

Abaye suggests that we cannot learn from one area to the other, that in legal matters people take great care to ensure that their testimony is accurate, realising that they will be cross-examined, that there is an enormous amount at stake based on their words.

But in matters of chameitz, the domestic life, it's not just careful people that the law has to account for, all Jews must be able to participate in the ritual of pesach, all Jews must consider themselves as if they had been personally redeemed from Egypt. Therefore the law must be stricter, because it must account for all the people, in a way that laws of testimony do not need to.

There is also a tendency, I think, to take legal matters more seriously than domestic rituals - after all, in a court case there are judges asking you questions, checking the facts. Many of us think of the home as a quite different space, the private sphere in which we are not being judged.

Hence we read in Pirkei Avot 2:1 "Contemplate three things, and you will not come to the hands of transgression: Know what is above you: a seeing eye, a listening ear, and all your deeds being inscribed in a scroll."

And yet people make mistakes, forgetting that there is always a Judge that is watching. The law must accommodate this tendency, making stricter regulations for ritual life at home to help people remember.

You may not be testifying before a court, no human being may see you, but what you do at home matters.

Pesachim 6b - Wibbley-wobbley, timey-wimey

From http://my-heart-belongs-to-who.tumblr.com/

"Said Rav Menasia bar Tahlifa in Rav's name: This proves that there is no 'earlier' and 'later' in the Torah. Rav Papa observed: This was said only of two subjects; but in the same subject what is earlier is earlier and what is later is later."

The idea that there is no chronological order in the torah is an amazing exegetical tool, allowing you to shift passages from their place and argue that while temporally the event happened at another point, it was placed here to teach a lesson or make a point.

But Rav Papa points out that we can't go crazy with this idea, because taken to an extreme we would not be able to make any sense of the torah at all. Each sentence would have to be read alone, without reference to what came before or afterwards. To take this principle too far would be to deny the possibility of any chronology, or the ability to read anything in context.

I take Rav Papa to be saying that we have to be careful with how we explain the Torah text, not to push any good exegetical method to the point of absurdity, but to consider how we are using our technique and whether it is truly in the spirit of what the text is trying to say.

While God may stand outside of time, we are temporal beings, living time in a straight line from past to future. The torah mediates these two perspectives, but must take both seriously if it is to be able to speak to us at all.