Wednesday, September 25, 2013

Pesachim 52 – Follow the most permissive opinion

The seventh-year (Shmita) produce, which one has collected for his own use, cannot be stored indefinitely. Rather, after it has become scarce, one must put it out into the street so that everybody can enjoy it. As the Torah said, it “shall [also] be eaten by the domestic and wild animals that are in your land.”

Rabbi Shimon ben Elazar takes it literally: if one has taken such produce outside of Israel, then when the time for removing it from his home comes, he must travel back to Israel and offer it “in your land.” Rav Safra once traveled outside of Israel with a barrel of Shmita wine. He asked his companions, “What did your teacher, Rav Abahu, say about this? Is the law strict like Rabbi Shimon or no?” Rav Kahana answered that the teacher said yes, but Rav Huna told him that the teacher said no.” At this, Rav Safra said, “I will take the words of Rav Huna because he is always very precise in transmitting the sayings of his teacher.”

However, with this, he also saved himself a lot of trouble with the barrel. Rav Yosef applied to him the following verse, “My people use voodoo divination, and listen to a stick.” In Hebrew, a "stick" is “makel,” which also has the meaning of “lenient.” That is, whoever is more lenient, that is whose opinion you, Rav Safra, prefer.

Art: Barrel and Box of Corn with Scoop by Alfred Montgomery

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