Druckschrift 
Re-examining progressive halakhah / edited by Walter Jacob and Moshe Zemer
Entstehung
Seite
116
Einzelbild herunterladen

116 Joan S. Friedman

should say]... who creates many living beings. Rabba bar Rav Hanan said to Abaye , and some say[he said it] to R. Yosef: What is the law? He said to him: Go and see what the people do?

The Mishnah gives two opinions regarding the correct bless­ing to recite before drinking water, that of the anonymous Mish­ nah and that of Rabbi Tarfon. The Amora Rabba bar Rav Hanan asks which is the proper procedure. This is a logical question, because the Mishnah here gives two individual opinions?" and does not decide between them or offer a more authoritative state­ment from the Sages. Abaye (or Rav Yosef) responds,Go and see what the people do. In other words, the peoples actual practice will determine what the halakhah should be in this case. Their actual practice was, presumably, the way in which the halakhah was eventually fixed: one recites Rabbi Meir s version before drinking water and Rabbi Tarfons version aftereven though Rabbi Tarfon was of the opinion that this was the bless­ing before drinking, and neither Tannaitic opinion says anything about a blessing after drinking. In this case, thenormative prac­tice of the people was apparently the source of the rabbinic law as it was eventually codified.

Is this a case of minhag creating halakhah? It is to the extent that custom determines which view is to be accepted when the halakhic authorities disagree as to what the law is with regard to a particular matter. It is impossible to see this, however, as an example of Freehof speoples creativity.The people did not formulate either of these blessings. The rabbis did. Nor did the people even originate the idea that one must recite a blessing before and after consuming food. The rabbis did, through their exegesis of Torah . The people, in other words, were already oper­ating within parameters defined for them by rabbinic scholarship.

2. Pesahim 66a

The question at hand is how to offer the Pesah offering when Pesah begins at the conclusion of Shabbat . The offering has to be slaugh­tered on the fourteenth of Nisan, that is, on Shabbat . How are the people supposed to carry their slaughtering knives to the Temple?

They said to[Hillel ]: Master, If one forgot and did not bring a knife before Shabbat , then what? He said to them: I learned this halakhah and forgot it. But leave it to Israel [to show you the answer]if they