Halacha for Sunday 5 Sivan 5781 May 16 2021

The Torah is in the Hands of the Jewish Nation

Our Sages teach us in the Gemara (Berachot 5a) that Hashem does not conduct himself like human beings, for when a human being sells an object to another, the seller is upset about the loss of the object he was forced to sell and the buyer is happy about the acquisition of his new purchase. On the other hand, when Hashem gave His Torah to the Jewish people, He was very happy, as the verse states, “For a good asset I have given to you, do not leave my Torah.”

Maran Rabbeinu Ovadia Yosef zt”l asked (in a lecture he delivered in the year 5720/1960): It seems that the parable does not fit the reality of the situation, for when a human being gives a gift to another, he loses that object and he no longer owns it; however, this is not the case regarding the holy Torah, for it still belongs to Hashem, as it is included in the entire creation which belongs to Hashem. If so, it seems difficult to say that Hashem would ever be “upset” for “losing” His Torah?

He answered based on the Midrash (quoted by the Ritba in Eruvin 14b) that says that when Moshe was on Har Sinai (Mount Sinai), for every detail of Torah law he was taught, Hashem showed him forty-nine ways to permit the matter and forty-nine ways to prohibit it. Moshe asked Hashem, “So what is the final Halacha?” Hashem replied that it would be left to the Sages of the Jewish nation, for if the majority permits it, it shall be permitted, and if the majority prohibits it, it shall be forbidden.

Based on this, we can understand that from the time the Torah was given to the Jewish people, its laws are no longer contingent on Heavenly edicts; rather, the matter is transferred to the hands of our Sages and if there is a disagreement between them about a certain matter, we follow the rule of “after the majority do we turn” and the law follows the majority, whether it be to the side of leniency or stringency.

In this way, Maran zt”l also explained the forty-nine-day period of the counting of the Omer which precedes the holiday of Shavuot, in that these days symbolize the forty-nine ways which Hashem showed Moshe Rabbeinu to interpret every single law and the holiday of Shavuot itself symbolizes the transferring of the Torah to the hands of the Jewish nation and the authority to render halachic decisions being granted to them.

Similarly, the Gemara relates that when Hashem saw the decision of the Jewish Sages, he exclaimed, “My sons have been victorious over me!” meaning that, so-to-speak, Hashem’s sons will render the decisions on Halacha forever. Indeed, the Bet Ha’Levi explains that the root of the Hebrew word, “Nitzchuni” (“they have been victorious over me”) is the word “Netzach” which means “eternity”. This teaches us that even if at some point in time, a person will come and perform a sign or wonder in order to prove that the Halacha follows his opinion, we shall not heed his words for the Torah “is not in Heaven” and it is not dependent on signs and wonders; rather, it depends on a decision based on the clear logic and wisdom of the Jewish Sages.

Chag Same’ach and Tizku Le’Shanim Rabbot Ne’imot Ve’Tovot

8 Halachot Most Popular

Parashat Ki Tetze

Gathered from the teachings of Maran Rebbeinu Ovadia Yosef ztzvk”l (from the years 5744-5772) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Ellul is the Time to Engage in Battle Against the Yetzer Hara, ......

Read Halacha

Eating and Washing Oneself on Yom Kippur

Regarding the custom of Kapparot, we have discussed in the past that this custom may be fulfilled through money. A bill is taken ($10, $20, etc.) and circled around the head of the atoned party three times, and the following text is recited: “This money is in your stead, your substitute, and y......

Read Halacha

Eating Cake on Shabbat Morning

Today's Halacha is dedicated for the merit and protection of All Our Dear Soldiers May Hashem give them strength and courage to vanquish our enemies and may they return home safe and sound amid health and joy. May Hashem protect all the captives and have mercy upon them so that no harm befalls......

Read Halacha

The Laws of Blood Found in Eggs

Blood in Eggs Blood found in eggs is forbidden for consumption, for this blood indicates the beginning of the embryotic development of the chick and this chick has the halachic status of “fowl” whose blood is forbidden for consumption by Torah law; thus, the opinion of the Rosh and Tosa......

Read Halacha


 The “Shehecheyanu” Blessing

Our Sages teach us (Eruvin 40b) that one should recite the “Shehecheyanu” blessing upon seeing a new fruit that renews once a year. Even if one sees this fruit in the hands of another person or on the tree, one should recite the “Shehecheyanu” blessing. Nevertheless, the P......

Read Halacha

Parashat Terumah

From HaGaon Rav Zevadia HaCohen Shlit”a, The Head of the Batei Din in Tel Aviv (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) The Difference Between Moshe and Betzalel [Understanding Why Betzalel Was Able to Make the Menorah, Whilst Moshe Couldn’t] This Sh......

Read Halacha

The Holiday of Sukkot

The Gemara (Sukkah 11b) explains that the Mitzvah of Sukkah is in commemoration of the clouds of glory that surrounded our ancestors when they left Egypt. The Gemara (Ta’anit 9a) states: “Three great leaders arose for the Jewish nation: Moshe, Aharon, and Miriam. Hashem gave the Jewis......

Read Halacha

So that We May Refrain from the Injustice of Our Hands

During the Ne’ilah prayer, the prayer that culminates all the Days of Awe recited towards the conclusion of Yom Kippur, we state: “And You, Hashem our G-d, have given us this Yom Kippur etc. for pardon, forgiveness, and atonement so that we may refrain from the injustice of our hands and......

Read Halacha