Tuesday, February 21, 2012

Temurah 5 – You May Not or You Can Not

When the Torah said about something “You shall not,” did it mean “you may not,” but your act takes effect, or did it mean “you cannot,” and if you do it, it's ineffective anyway? The “you may not” is represented by Abaye, and “you can not” - by Rava. According to Abaye, if one violates a law, he is punished with lashes, because his act was effective. But according to Rava, why is he punished, if he achieved nothing? – Simply because he violated the statement of the Merciful One.

The Talmud presents fourteen challenges, some to Abaye and some to Rava. Below are a two of them.

One who violates a girl has to marry her and can never divorce her. If he does divorce her, he has to re-marry her (if she agrees), but he is not given lashes. Why not? According to Rava, he should receive lashes for just violating the commandment!? Rava answers that it is a special case: since he needs to re-marry her, in a sense he achieved nothing.

What about sacrifice exchange, where we learned that, although forbidden, the act takes effect? Rava will answer that it is an exception, since the Torah said “It and its exchange will be holy,” but normally an illegal act achieves nothing.

Art: Aert De Gelder - The Jewish Bride

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