Wednesday, December 30, 2009

Bava Batra 131 – Is Theory or Practice More Important?

Which is to be followed, a ruling issued by a Sage during learning or his practical ruling in court?

Neither. While learning, the Sage may not have considered all aspects of the matter. On the other hand, a practical ruling may be misunderstood by the observer as to the reason behind it. Rather, the Sage has to declare that the law agrees with a particular view and that it is to be followed in practice.

Is the ruling about changes in inheritance true for someone on his deathbed, because of "on the day when he makes his sons inherit," or even for one who is young and healthy? Rebbi said (and some say ruled in an actual case) that it also works for a healthy person. The two reports disagree on whether "is theory or practice more important."

Art: Baron Mikhail Petrovich Klodt von Jurgensburg - Beside a Sick Woman

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