Disputes: History and Essence – Rabbi Michael Abraham – Lesson 8
This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.
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Table of Contents
- Disagreement about facts and the issue of the concubine at Gibeah
- The motivation to say “there is no disagreement about facts” and the difficulty of “these and those”
- Early and later sources on something that can be clarified
- Difficulties of empirical testing: taste, shade, and estimation
- Ancient science, experiments among the Sages, and awareness of the need to test
- Minchat Chinukh and Rabbi Yitzchak Hutner: concealment within cognition and shifting the dispute to interpretation
- Social dispute: for the sake of Heaven versus not for the sake of Heaven as motivations, not as style
- Korach, interests, and assessing the complexity of extreme actions
Summary
General Overview
The text concludes the topic of disputes with two points: disagreement about facts, and disagreement in the negative social sense. It argues that there are sources in which there really is factual disagreement, but many cases that look like disagreement about facts are actually disagreements about interpretation, about evaluating reality, or about setting thresholds and criteria, and therefore do not require saying that a sage “made a mistake” about a fact. It presents a common motivation for denying factual disagreement: the desire to preserve the principle that “these and those are the words of the living God,” and then offers various resolutions, including Rabbi Yitzchak Hutner’s solution of “concealment within cognition.” In the social part, it interprets “for the sake of Heaven” versus “not for the sake of Heaven” as a matter of substantive motives versus foreign interests, not a matter of gentle or harsh style, and emphasizes that a dispute can be extreme and still count as being for the sake of Heaven.
Disagreement about facts and the issue of the concubine at Gibeah
The Talmud in Gittin brings a dispute over whether “he found a fly on her” or “he found a hair on her,” and the text defines this as a genuine factual disagreement about what actually happened. It interprets “these and those are the words of the living God” as meaning that each side grasped part of the picture, because the full reality is a combination of the two factors, or a distinction between what he found and what he became upset about. It stresses that the passage does not deny factual disagreement, but rather shows how one can say that neither side was entirely wrong even though neither was entirely right. It sharpens the point that the conclusion there is “feedback” about what actually happened, not just another opinion, because Elijah the Prophet reports what occurred.
The motivation to say “there is no disagreement about facts” and the difficulty of “these and those”
The text explains that the motivation to deny factual disagreement comes from the assumption that in a halakhic dispute one can say “these and those are the words of the living God,” whereas in matters of fact there is only one truth, so one of the sides must necessarily be mistaken. It shows that this becomes especially acute in historical or factual disputes, as opposed to halakhic norms, where the ruling itself defines the practical truth. It argues that every interpretation of Torah may appear to be a factual dispute about what happened—for example, whether angels actually came to Abraham or whether it happened in a dream—and therefore the question is where the boundary lies for the rule that “there is no disagreement about facts.”
Early and later sources on something that can be clarified
The text notes that an article by Neria Gutel about when the Exodus took place—on Thursday or on Friday—devotes a chapter to factual disagreement and brings many sources. It cites the Jerusalem Talmud in Terumot: “Would the Sages dispute over something you can determine?”, as well as the Rashba in Chullin regarding whether sinews impart taste: “Did they really dispute over something to which the senses can testify?”, and the Ran in similar formulations. It concludes that these sources do not prove that there is never disagreement about facts at all, but only that if something can be clarified empirically, then “go check it” and there is no point in continuing to argue. It adds that the rule that “what can be tested is not a doubt” is also known in the laws of uncertainty, and therefore the very possibility of clarification changes the status of the dispute or the doubt.
Difficulties of empirical testing: taste, shade, and estimation
The text argues that even when it seems a question can be settled by experiment, sometimes the real issue is definition and quantification, not a “simple fact.” It questions the assumption that a person can taste and decide whether something “imparts taste” at a ratio of one in sixty, and presents this as a continuum of degrees of perception and differences among people and mixtures. It illustrates this as well in Sukkah through the Ran, on the question whether sunlight “expands” below relative to the roofing, and explains that the dispute may be over how to define and measure “sun” versus “shade,” and over the relation between physical intensity and mental experience, while mentioning psychophysics and non-linear mapping laws. It also brings examples of halakhic estimations such as “it is better to dwell as two than to dwell alone” and assessing what a “reasonable woman” would agree to accept, and argues that the disagreement there is over the threshold and the criterion, not necessarily over an agreed-upon reality.
Ancient science, experiments among the Sages, and awareness of the need to test
The text uses the example of Aristotle, who thought that falling speed is proportional to weight, and argues that he “could simply have checked,” but did not, because a mentality of “if it makes sense then it must be true” weakens the impulse to experiment. It notes that Professor Steinberg, in his doctoral dissertation, showed that the Sages did sometimes decide scientific questions through experiments, including medical experiments, but emphasizes that Aristotle too made observations and experiments and was not a “complete idiot.” It suggests that when there is an active dispute, the claim that “just go check” is stronger than in a case where everyone agrees with one line of reasoning.
Minchat Chinukh and Rabbi Yitzchak Hutner: concealment within cognition and shifting the dispute to interpretation
The text describes a “far-reaching” approach attributed to Minchat Chinukh, according to which there cannot be disagreement about facts, and even explains disputes such as whether blood is “stored in place” or “uprooted from its source” in such a way that they will not be factual disputes. It quotes at length from a letter of Rabbi Yitzchak Hutner stating that if a sage thinks the boards of the Tabernacle were made differently from how they actually were, “then he is simply mistaken”; but when such things are said on the basis of the oral Torah tradition, this is “concealment through the power of cognition,” not an ordinary mistake. It explains that Jewish law does not depend on historical reality as such, but on the way that reality is disclosed through scriptural interpretation, and that the expositions of the sages of the Oral Torah are “the will of the Omnipresent,” so their ideas are removed from the distinction between “correct and incorrect” in the ordinary sense. It applies this principle as well to interpretive disputes, such as whether the episode of the angels appearing to Abraham was allegory or reality, and argues that the focus is the Torah lessons, not historical reconstruction. It even asks what would happen if Elijah were to say what really happened, and stresses that according to this approach that would not decide the value of the Torah interpretation.
Social dispute: for the sake of Heaven versus not for the sake of Heaven as motivations, not as style
The text opens with the Mishnah in Avot: “Any dispute that is for the sake of Heaven will in the end endure,” and distinguishes between the House of Hillel and the House of Shammai on the one hand, and Korach and his congregation on the other, while noting that the Jerusalem Talmud describes sharp and even violent confrontations between the House of Shammai and the House of Hillel, and yet this is still a dispute for the sake of Heaven. It rejects the criterion that identifies legitimacy with politeness and moderation, and argues that the question is whether the dispute is substantive or not substantive, even if harsh expressions are used. It brings examples from the Talmud and from the medieval authorities (Rishonim) of sharp rhetoric, including statements of the kind “any judge who judges as you do,” and Nachmanides’ criticism of Baal HaMaor as “ancient words from the mouth of a new old man,” to show that sharpness does not negate being for the sake of Heaven.
Korach, interests, and assessing the complexity of extreme actions
The text defines a dispute “not for the sake of Heaven” as a dispute in which the substantive claims are a cover for other motivations, and interprets Korach this way, as someone who wanted leadership and a role for himself. It argues that a dispute for the sake of Heaven can also include extreme and ugly actions, including informing to the authorities in historical contexts of struggles against Zionism or secular education, and even presents Yigal Amir’s act as an example of an act done, from his own point of view, “for the sake of Heaven,” without that making it good or permitted. It insists that one can give “credit” for substantive intention while at the same time condemning the act and opposing it, and identifies the confusion between those levels as a “pollution of the discourse.” It concludes that the criterion for “for the sake of Heaven” is substantive motivation, and that style of conduct does not define it, nor is it necessarily even an indication of foreign motivations, because there are zealots who act for the sake of Heaven even if there is sharp disagreement over their path.
Full Transcript
[Rabbi Michael Abraham] Okay, today we want to finish the topic of disputes with two points. One point is to discuss disagreement about facts, and the second point is to talk about dispute in the social sense—that is, dispute in its negative connotation. Okay, the first point, regarding disagreement about facts: somehow, in yeshivot or in the learning world generally, it’s accepted to assume that no, we do not find factual disputes among the Sages. The truth is that this is a difficult claim, a difficult claim, because there are places where it’s pretty clear that there is disagreement about facts. So first, we need to understand why people arrive at this claim. And second, how this deals with places where they nevertheless did disagree about facts. So first of all, maybe I’ll define the concept a bit. For example, in the places where the Talmud in tractate Gittin brings the story of the concubine at Gibeah. The Talmud says there that there is a dispute whether he found a fly on her or he found a hair on her. And that is simply a factual dispute. In other words, the question is what happened—was it this or was it that? True, precisely there the Talmud brings—the Talmud says, “These and those are the words of the living God”: he found a fly and did not mind it; he found a hair and did mind it. Meaning, what ultimately made him angry was the hair, or the combination of the two things. And then it turns out that the dispute that was there, which on the face of it looks like a factual dispute, in the end we need to understand what the Talmud means when it says, “These and those are the words of the living God,” that he found a fly and did not mind it, and found a hair and did mind it. But on the face of it, you could understand this in two ways. One way is to say that the truth is that there was one thing he indeed found, but it didn’t cause the irritation, and the second thing did cause the irritation. Then, so to speak, both are right in the factual-historical description: he found this and he also found that. But if, simply speaking, the dispute is over what caused the irritation, then on the question of what caused the irritation only one side was right—that is, the one who said he found a hair on her, because that is what actually caused the irritation. If we read it differently—and it seems to me more reasonable to read it this way—then what the Talmud is basically saying is that what caused the irritation was the combination of the two things. That is, he found a hair and found a fly; each one by itself could not have caused what happened, but the combination of the two things is what caused it. And then it turns out—if you want, call it both are right or both are not right, I don’t know—each one is partially right. In other words, in the end, the full truth is some truth made up of both perspectives. But that is regarding the conclusion. Does this passage imply that in fact there is no disagreement about facts? On the contrary. It seems that the Talmud says that there is disagreement about facts. The question is what really happened. But as far as the disputing sages are concerned, one thought he found a hair and that is what caused the irritation, one thought he found a fly and that is what caused the irritation, and this is an unambiguous factual dispute. The Talmud says neither of them was entirely wrong, and neither of them was entirely right, because in the actual reality there was this aspect and there was that aspect. Each one, let’s say, grasped part of the picture. So this Talmudic passage does not say that there is no disagreement about facts—quite the opposite.
[Speaker A] And what does “the words of the living God” mean here? What? I didn’t understand. What does it say about that—“these and those are the words of the living God”?
[Rabbi Michael Abraham] If both of them—
[Speaker A] If both of them were wrong, then in what sense are these “the words of the living God”?
[Rabbi Michael Abraham] So I’m saying, both were partially right, or partially wrong, however you want to put it, but that’s the point. The claim is that there was truth in each one; neither was completely wrong. He found a fly there, and the other one also saw a hair there—he found a hair. Meaning, he was right in that sense; it’s not an absolute mistake. So the conclusion that comes out of that passage is not that there is no disagreement about facts. There is disagreement about facts, but in factual disputes neither side was completely wrong—let’s put it that way—or at least there was some truth in what each said. That’s the point, that’s the passage’s conclusion.
[Speaker A] But then there’s a three-way dispute here, because the conclusion too is what? Because the Talmud’s conclusion also sees reality as a third possibility. No, but the conclusion of the Talmud is not just the Talmud’s conclusion—it’s the truth.
[Rabbi Michael Abraham] Because there one of them met one of the disputing sages—Elijah the Prophet, sorry, met one of the disputing sages—and he told them what really happened. So it’s not an opinion. Right, it’s not an opinion, it’s the feedback, meaning what actually happened. So that’s why it seems to me that in this passage the possibility of disagreement about facts is דווקא not denied. What is denied is the problematic nature of disagreement about facts. And that is perhaps more of a hint as to the motivation for reaching this conclusion that there is no disagreement about facts. The motivation is basically this: if we say there is disagreement about facts, unlike disagreement in Jewish law or in halakhic or moral norms or whatever, then one of the sides is certainly wrong in a factual dispute. And if you really want—if you start from the perspective that “these and those are the words of the living God,” that there is no error in halakhic disputes or disputes—let’s say, not exactly halakhic—disputes among sages, then you have no choice but to say there is no disagreement about facts. Because in reality there is only one truth. You can say that on the question of whether a daughter’s rival wife is permitted or forbidden, okay, there is no fixed truth there—what the sages decided is the truth. He thinks it is forbidden, he thinks it is permitted, both are right on the principled level. You need to issue a halakhic ruling, so we rule like one of them. Because here it is not a question measured against some fact in reality. But the question of what happened with the concubine at Gibeah, the question of what happened historically—either it was this or it was that. In factual disagreement, there is no such thing as both sides being right.
[Speaker B] But every interpretation in Torah is a factual interpretation, it’s a factual dispute. What do you mean? That angels came to Abraham—were there angels, was it in a dream, were they ministering angels?
[Rabbi Michael Abraham] You mean among Torah commentators. Yes. Okay.
[Speaker B] So every dispute is about facts.
[Rabbi Michael Abraham] The question is where this rule stops—the rule that there is no disagreement about facts. Suppose with Maimonides, all right? So Maimonides may indeed have decided such things, but the Talmud not. Because in the Talmud, supposedly, there can’t be error. I don’t agree with that, so I’m not going to defend something I don’t agree with, but I’m getting there. So basically, what you can perhaps understand from this Talmudic passage is not that there is no disagreement about facts, but you can understand from the passage what bothers us about factual disagreement. What bothers us about factual disagreement is that one side must necessarily be wrong, and then you can’t say “these and those are the words of the living God.” That, so to speak, the Talmud solved. You can say “these and those are the words of the living God,” but only partially. Meaning, one side still erred—each of them did not grasp the full truth. Both erred, I said; both were partially right, both were partially wrong.
[Speaker B] Then the whole motivation doesn’t even get off the ground. What did Adam eat? Eve gave him the apple, or wheat, or there are ten different possibilities there. What? That’s a factual dispute, no? What? I agree, I just don’t understand why specifically the concubine at Gibeah. Every dispute is a factual dispute.
[Rabbi Michael Abraham] Why specifically Adam? I just brought an example. The concubine at Gibeah because the Talmud itself deals with it and says “these and those are the words of the living God,” and therefore— No, the Talmud is not dealing with what happened; it doesn’t say “these and those are the words of the living God”—
[Speaker B] Here the Talmud is bothered by the dispute itself—
[Rabbi Michael Abraham] Exactly, and it tries to resolve it. So there is reason to deal with it. And this resolution is not about what weight each one gave to reality. It could be that both knew the reality, that both knew there was no dispute that there was a hair and a fly, and both knew there was a fly, except that—
[Speaker D] one says, no, it was because of this, and the other says, no, it was because of the other thing. That’s still disagreement about facts. It’s still disagreement about facts. No, it’s the interpretation of reality. The question is to which factor I give more weight—is this the trigger
[Rabbi Michael Abraham] or that the trigger? That’s a psychological fact, but it’s still a fact. The question is what caused him to get angry.
[Speaker D] What do you say to that?
[Rabbi Michael Abraham] It’s like—you know, in Chasdai Crescas’s Or Hashem, he talks there about determinism and free choice, and he says there are two considerations: the theological consideration that the Holy One, blessed be He, knows everything in advance, so then how can we have free choice? And also the scientific consideration, let’s call it that, that the laws of nature basically determine what will happen in any given situation, so how can there be free choice? Two perspectives from which to look at it, and he argues that in the end what will happen is indeed predetermined, it is deterministic. Again, there are some contradictions in the book, and Ravitzky—I once saw him write that the first half of the book contradicts the second half; there was some kind of development in the writing of the book, that was his claim. Fine. And there are contradictions there, so in one place he writes: what is in our hands is how we relate to the matter, not what will happen. What will happen is predetermined.
[Speaker A] Sapolsky, in his famous lecture about free will and all that, they asked him at the end—a philosophical question, you’re religious, how can you say there is no free will, it’s an illusion?
[Rabbi Michael Abraham] So he brought that up—
[Speaker A] Okay, that theory.
[Rabbi Michael Abraham] So yes, he also brings Hasidic thinkers there, I remember, including the Mei HaShiloach. So this Hasidic approach says that in reality what will happen is what is predetermined, it isn’t in our hands. What is in our hands is how to relate to it—whether to accept it this way or that way—and that is where our freedom lies. Here there’s an interesting point, because if we’re talking about the contradiction with divine foreknowledge, then what have you gained? After all, the Holy One knows in advance how I will relate, and again, if He does know, then how can I have free choice to relate one way or another? If He doesn’t know, then are you accepting that the Holy One doesn’t know things that will happen? Well then, why not say that about the actions themselves and not only about the attitudes? What is the difference between a psychological fact and a physical fact? Both are facts. Maybe for us as human beings it’s harder to know the psychology—what’s going on inside a person’s head—
[Speaker A] But a psychological fact is a fact. What is psychology? In the end it happens in the brain.
[Rabbi Michael Abraham] That’s already a modern way of looking at it; I’ll comment on that in a second too. But on the face of it, in the way he saw it, it certainly wasn’t like that. In the way he saw it, this is psychology, the soul, it has nothing to do with a physical event happening in the world. Of course, you can say that in the fourteenth century, but today we know that attitudes too are actually—never mind, even if we hold by free choice and dualism, still an attitude as a mental event is realized by physical means; that is, the neurons in our head express one attitude or another. Now if I have free choice to relate this way or that way, that means I have free choice over how to move electrons. And some would say the electrons have free choice over how to move what I’m relating to, depending on whether you’re a libertarian or not. But either way, you’re saying there is freedom even at the level of electron behavior, not only at the level of how I relate. And then you can no longer say such a thing. Of course, all this is only if what bothers you is the problem of physical determinism. If what bothers you is the problem of divine knowledge, then there is no room at all to talk about a difference between them, because the Holy One can know psychology just as He knows physics. But if what bothers you—and he brings there both of these difficulties, both of these planes—
[Speaker D] if what bothers you is the laws of nature, then from his point of view he could say that because he wasn’t yet aware that all our attitudes are also physical events. But today we already understand that this too is irrelevant.
[Rabbi Michael Abraham] Maimonides writes—he has a commentary on the Mishnah in Pirkei Avot, “Everything is foreseen.” So the Raavad or Rabbeinu Yonah, he writes about him—he explained it, and when you read Maimonides’ explanation he really only pushed it one step further. So I think the Raavad writes there, “What have you gained?” As if it would have been better had he not explained it at all. No, Maimonides obviously could not be referring to Sefer HaIkkarim or Or Hashem, because they came after him.
[Speaker D] No, the Raavad I think wrote on Maimonides. The Raavad critiques Maimonides.
[Rabbi Michael Abraham] Maimonides—
[Speaker D] Maimonides only moved it one step further. So he says it would have been better had he not explained it at all.
[Rabbi Michael Abraham] In the laws of repentance in Maimonides, no? In the laws of repentance Maimonides asks about foreknowledge and free choice, and the Raavad critiques the answer there, saying that—
[Speaker D] no—
[Rabbi Michael Abraham] the author did not conduct himself here in the manner of the sages, and the Raavad there says, what did you do?
[Speaker D] You only pushed it one step further.
[Rabbi Michael Abraham] No, but there—fine, it’s a question whether Maimonides answered or did not answer. It depends how you read Maimonides. The Raavad claimed that Maimonides did not answer, and Maimonides, on the face of his words, seems to think he did answer. Fine, that’s another discussion. In any event, why am I saying this? Because again, it’s the same question. Even the question of what caused that man at Gibeah to get angry is a question you can ask in just the same way as what actually happened there. That too is a fact, a psychological fact. So if you say this caused him to get angry and that caused him to get angry, still one of the two is wrong. It may be that he was wrong in psychology and not in physics.
[Speaker E] It could be that he himself doesn’t know what caused him to get angry.
[Rabbi Michael Abraham] That doesn’t matter, but still something caused it. In other words, the physical fact is one fact—either it was this or it was that, or it was the accumulation, whatever—but everything you say about what actually happened you can also say about the attitude, and on the plane of attitude that too is a kind of fact, and you don’t gain anything from that.
[Speaker F] Earlier you said the motivation of those who say there is no disagreement about facts is to present it that way in order to say there are no mistakes. But in the Talmud itself, people say about themselves that they were mistaken, or that they retracted, or “the rabbi died and slept,” and all kinds of things like that—even not about facts, just about halakhic matters.
[Rabbi Michael Abraham] Right, of course there are mistakes in the Talmud, and the question is how the people with the approach that there cannot be mistakes related to that. So they’ll say: fine, but in the end the Talmud exposed that mistake. There cannot be a mistake in the Talmud, not among the sages of the Talmud. There cannot be a mistake in the Talmud. And if the Talmud exposed the mistake, fine—it was an initial thought and then a retraction.
[Speaker A] Where did you hear about a mistake in judgment?
[Speaker D] I said, it’s not—
[Rabbi Michael Abraham] I looked in the literature to see who wrote this, but it’s the common approach.
[Speaker D] It’s common in the sense that I think—let’s just try to investigate it fully to understand whether people really looked at it that way or not.
[Rabbi Michael Abraham] I don’t think you’ll find it as some completely universal approach. Again—
[Speaker D] again—
[Rabbi Michael Abraham] it’s not my way to search through books to see who wrote what. The Rabbi himself said—he said it more than once, I don’t know, maybe more than once. What? That because they regard them as very, very wise people, he says, listen, even if on the face of it it looks like there’s some mistake here, dig. Don’t rely on first appearances; don’t rule that they made a mistake.
[Rabbi Michael Abraham] Only as a methodological rule.
[Speaker D] Right, dig from every side,
[Rabbi Michael Abraham] turn over every stone to see whether there really is a mistake here—but if there is, then there is. Right. Okay, as a methodological rule I have no problem with that, but usually—
[Speaker D] usually that isn’t the approach, no. Like the Rabbi read here the introduction to Shaarei Yosher by Rabbi Shimon Shkop of blessed memory, and there he writes: if you read it and understood what it means, then it isn’t for you.
[Rabbi Michael Abraham] No, but what is he trying to say?
[Speaker D] What—if he’s testifying about himself that I never make mistakes? Obviously not.
[Speaker D] He’s saying, listen, don’t take it as it looks to you at first glance.
[Rabbi Michael Abraham] Obviously that too is true. The question is whether that’s all there is here. Is this only methodology, or is it a substantive claim? So I’m telling you again, from the discourse, from the general impression—I know, I talk to people, I hear—it’s certainly written too; I didn’t do a literature survey or check where it’s written. But it is written in Minchat Chinukh—that I can show you. He says there cannot be—
[Speaker D] disagreement about facts, he—
[Rabbi Michael Abraham] says, even among the medieval authorities (Rishonim), not only in the Talmud, there cannot be disagreement about facts. And if there is a factual dispute between two medieval authorities, he explains that it is not a factual dispute, because that cannot be. There is no such thing. He assumes this in several places.
[Speaker F] Regarding what you said earlier—that in the end the Talmud decided—then say the same thing here: in factual disputes too, in the end the Talmud decided, so ultimately there are no mistakes about facts in the Talmud either, if you follow that approach to factual disputes.
[Rabbi Michael Abraham] And didn’t the Talmud decide what he ate from the tree of knowledge, the example you gave earlier? There the Talmud did not decide.
[Speaker F] Only if it remains undeclared—
[Rabbi Michael Abraham] Yes, I’m saying again: I’m defending a position I don’t agree with, so it’s a little hard for me. I don’t know what they would say; I’m trying to guess here in a live conversation.
[Speaker D] Like this.
[Rabbi Michael Abraham] So as I said before, from this Talmudic passage I cannot derive the conclusion that there is no disagreement about facts, but I can understand the motivation for saying it. The motivation is that we tend to think “these and those are the words of the living God.” “These and those are the words of the living God” means that no one was wrong. How can it be that no one was wrong? In a factual dispute, one side is certainly wrong, so there is no disagreement about facts. That is the conclusion. But there is another view, common among the medieval and later authorities who write on this issue. And some time ago I saw an article by Neria Gutel. He writes about when the Exodus took place—I’m just signaling to Shmuel, who’s nearby. When was the Exodus? On what day was it? Thursday or Friday? There are analyses there, midrashim and calculations and all sorts of things like that. And he devotes a chapter of the article to disagreement about facts, because on the face of it, either it was on Thursday or it was on Friday, and in that dispute one side is certainly wrong. So he devotes a chapter to the subject of factual disagreement and brings various sources, from the medieval authorities and even from the Talmud itself. I’ll just show you a few examples. He brings many references, as is his way, and says that basically this is the source. Generally this is an approach that—well, here, when I told you I hadn’t done a literature survey, so here you can see: there are basically enough references here among the later authorities saying there is no disagreement about facts. In fact, he says, it is already found in the language of the Amoraim and among the medieval authorities. So a few examples: there is a Jerusalem Talmud in Terumot, “Would the Sages dispute over something you can determine?”
[Speaker A] You can’t always determine every fact.
[Rabbi Michael Abraham] Okay, that’s exactly where I’m heading.
[Speaker A] Certainly today as compared with a hundred years ago, two hundred years ago—
[Rabbi Michael Abraham] Here, the Rashba in Chullin regarding whether sinews impart taste.
[Speaker A] Whether—
[Rabbi Michael Abraham] whether there is imparted taste in sinews or not. A sinew is this strange sort of thing, almost like wood. The question is whether if you cook it in gravy it imparts taste, or whether the sinew remains like wood. So he says, this is astonishing: did they really dispute over something to which the senses can testify? Taste it and see whether it imparts taste or does not impart taste. True, it’s forbidden to eat the sinew, but give it to a professional taster, give it to a non-Jew to taste it and tell you whether there is taste in it or not. And this is not the way of the sages’ disputes. And the Ran says: how could the sages of Israel dispute over something that can be determined, and so on. Fine, so he brings a few examples here. But of course, as you already pointed out, and rightly so, it is hard to derive from these statements a sweeping doctrine that says there is no disagreement about facts. Rather, the claim is that if there is something you can clarify, then what is the point of disputing? Check it. Right? This is an empirical attitude that says: you’re arguing about what seems logical to you? Go check and see what is true. What do I care what seems logical to you? Therefore it is not reasonable that the sages disputed if they could have gone out, checked, and resolved the dispute. So that is not a claim that there is no disagreement about facts. It is a claim that if you can settle it, then stop arguing and check and see who is right. What is the point of continuing to argue?
[Speaker A] But what if there are things that can’t be checked?
[Rabbi Michael Abraham] Okay, then it comes out that in things that cannot be checked—like what Adam ate—there, yes, there will be disagreement about facts, and indeed one is right and one is wrong, and nothing terrible happened. You cannot derive a general rule from here.
[Speaker E] If it can’t be checked, why do the sages have to start disputing it at all? If they can’t bring some test, why even offer an opinion?
[Rabbi Michael Abraham] No, because it can’t be checked empirically, but one can dispute through Torah interpretation. Say I claim Adam ate from the tree of knowledge—I can prove, through what’s called a verbal analogy, that what is called “tree” is wheat from somewhere else. Then I say he ate wheat. And someone else, from different interpretive moves, will conclude that he ate a fig. Fine. Just not an apple—there’s no apple in this story.
[Speaker E] But in my opinion that isn’t disagreement about facts. It’s disagreement about the interpretation of the word “tree.”
[Rabbi Michael Abraham] It’s disagreement about reality. There was one thing there.
[Speaker E] It leads to disagreement about facts.
[Rabbi Michael Abraham] The disagreement is about reality—what was there. One is wrong and one is right. But the basis of the disagreement, the way we arrived at the different positions, is not from looking at reality but from interpretation. But it’s always like that. Because if we look at reality—
[Speaker E] And it’s not that he comes and says, I saw it.
[Rabbi Michael Abraham] But if we look at reality, there will never be disagreement about facts. Right, obviously. If we look at reality, there won’t be disagreement about facts. We’ll look and see. A factual dispute is always like this: we disagree about what happened in reality. How can it be that we all don’t understand the same thing? Because it depends on interpretation. But in the end, after the interpretation, the question is: what really happened? And on that question, one is right and one is wrong. Ask the Holy One, blessed be He, what Adam ate. Did he eat a fig or wheat? One is right and one is wrong.
[Speaker F] There are more obvious examples, like whether the stubborn and rebellious son ever was or never was. And whether Job was a parable or not.
[Rabbi Michael Abraham] Yes, right. Or, I don’t know, the trees that were in the Tabernacle. There are also halakhic examples. The wood in the Tabernacle—how exactly did they transfer from wagon to wagon or from the wagon to the public domain? Here you have disputes about reality itself, and the dispute also affects Jewish law. How to define the labor of transferring on the Sabbath. Fine. As I say, it is obvious there were disputes about facts; I’m only giving a didactic introduction. So I’m saying that from these expressions of the medieval authorities and the Talmud, at most what you can derive is that it is not reasonable that there would be dispute in a place where the matter can be clarified empirically. And here I’m reminded of the Ran in Sukkah. There is a dispute in the Talmud whether a sukkah has more shade than sunlight. That’s a requirement regarding the roofing of a sukkah. Now the question is what happens if above you have, say, seventy percent branches and thirty percent gaps. Does the percentage of sunlight below increase or decrease compared to above? In other words, does it spread out or contract? On the face of it, that is really a factual dispute, and the Ran there says: one cannot deny what is perceptible; it is obvious, the answer is clear, it cannot be that one can argue about this. Although I claim one can argue about it—the question is how to define it. It’s geometric optics, after all. Obviously if a ray comes through a gap, then the sunlight spreads. But it’s not that simple, because it comes from different directions, and if you look at the ground you’ll see the opposite. And the question is how to treat that opposite, and therefore it isn’t exactly a factual dispute. This, for example, is a case that seems—the Ran says this is a factual dispute and that that cannot be. And he says it cannot be, go check. And I say you can’t check. You can’t check—how will you check? What exactly will you check? You see, I don’t know, this gray area. How should one treat it? Is it more sunlight? More shade? How do you define quantities? And by the way, this raises very interesting questions in psychophysics. I gave a lecture about this not long ago when we studied tractate Sukkah. Because the question is how to define the intensity of light in relation to—when you put measuring devices there, you can measure the field intensity, how much light there is there, fine. But when you look with your eyes, you are looking at a mental phenomenon, not at the intensity of light. And the translation between light intensity and the mental phenomenon is a major debate among psychophysics researchers. Meaning, it’s obvious that the translation is not linear. The question is whether it follows a power law or a logarithmic law or various things of that kind. It can vary.
[Speaker A] Maybe it also differs between people?
[Rabbi Michael Abraham] Of course it differs, certainly among different people. The only question is whether that’s in the receptors or in the brain’s processing. Right. In any case, what I’m saying is that even if you take these sources, what comes out of them is only that there is no point in arguing about something that can be clarified. It does not say there that there is no disagreement about facts at all. And even regarding the idea that there is no point in arguing about what can be clarified, I’m not completely sure that this represents what the Sages really thought. We know that ancient science, for example—I think I already mentioned the example that people always bring when they laugh at Aristotle, yes, that he says bodies fall to the earth at a speed proportional to their weight, their mass or weight. Now that is not true. All bodies fall to the earth at the same speed; it doesn’t depend on their mass.
[Speaker A] He really could simply have checked.
[Rabbi Michael Abraham] Exactly, and you don’t need laboratories for that. Take two stones, a heavy one and a light one, throw them and see that they fall at the same speed. There’s no—so why didn’t Aristotle do it? Because the awareness that even if something seems terribly logical to you—
[Speaker A] For thousands of years nobody did it either. For thousands of years they didn’t do it.
[Rabbi Michael Abraham] That’s exactly what I’m saying, because the awareness that something that seems terribly obvious may not be true, and is worth checking—okay?—that awareness is not so simple. It is an awareness that accompanies modern science, but in the past it was obvious that if it is very logical, then it is probably so. What is there to check? That’s what reasoning is called, right? We already know, so what’s the problem—don’t check. People don’t take into account that just because something is obvious to me does not mean it’s really true. Reality doesn’t owe you anything; it was here before you, as Mark Twain said. In other words, how the world behaves and how you think are not always aligned. It’s worth checking. So I’m saying, if one attributes this also to the Sages, I’m not sure they didn’t also say certain things that were the result of reasoning, some assumption or another, and it’s not clear that they really had some awareness of, let’s check and see. That said, Professor Steinberg wrote about this in his doctorate—about scientific experiments among the Sages. And he showed several examples there in which the Sages were deliberating a scientific question and did an experiment to decide it. Some of them were very interesting experiments, medical experiments—they did dissections there, interesting things were going on there. So it’s not completely far-fetched. But one should also know that Aristotle too did experiments. Meaning, Aristotle was not a complete idiot. We laugh at this a bit, but it’s not like that—Aristotle also relied on observations. His science was not just philosophy.
[Speaker A] Except that on this matter he was so convinced that he—
[Rabbi Michael Abraham] thought that—exactly, it’s mixed. There are cases—
[Speaker A] where it’s so obvious to you that you don’t test. It’s amazing that for two or three thousand years nobody did it.
[Rabbi Michael Abraham] All right, because that was obvious to them. I’m only saying that obviously there too they examined things; they weren’t living in fantasies. But there will be lots of things, there will be cases, or there will be topics where it’s obvious to you, so you don’t bother checking. So there will be such cases, and it could be that disputes about reality are points where it actually was possible to check, but fine—if it’s obvious to you that this is how it is, then you don’t go check. It’s harder to say that when there are two people who disagree. With Aristotle there was one position and nobody disagreed. For two thousand years nobody disagreed.
[Speaker D] So it had no practical implication? What? They dealt with most things more or less; in things where it had practical implications it developed more, and when it mattered less to them then it didn’t bother them.
[Rabbi Michael Abraham] No, but I’m saying that in a place where you establish some claim that seems obvious to you on logical grounds, and everyone agrees, then I can see why people wouldn’t go check. In a place where there’s a dispute, that really is a harder claim. If there’s a dispute and it’s something checkable, and you already see that he doesn’t agree with you, meaning his mind works differently from yours, who says your mind matches reality? Maybe his mind matches reality. Check, check and see. In that sense it is a significant argument. Meaning, assuming they’re not idiots, meaning they understand that if there’s something you can check, then settle the dispute empirically—why are you insisting? If everyone agrees, I can understand: fine, if everyone agrees and it’s very logical, then there’s no point in checking. When there’s a dispute, it’s harder to say such a thing. So that’s why I’m saying that as far as the early sources, and even later authorities, and the Talmud itself are concerned, there really is no basis for this notion that there are no disputes about reality. On the contrary, it’s quite clear that there are many disputes about reality. But still I want to qualify that a bit. I’ll give you the example of absorption in the sinew. What the Rashba says here is: check—what’s the problem? It has the capacity, so check and see: does sinew impart flavor or not? Here that’s not a simple question; I’m puzzled by this Rashba. But it’s not just this Rashba—this already appears in Talmudic passages. The Talmudic texts talk about giving it to a professional taster to taste, and regarding flavor in meat and milk, and regarding the flavor of a forbidden substance inside a permitted one, the Talmud’s assumption is simply that a person can taste and see. As I told you, tell me whether there is one part in sixty of forbidden substance inside the permitted substance, and whether that imparts flavor at one in sixty—fine, that’s the accepted assumption. There is one in sixty of forbidden substance inside the permitted substance, pork inside cow meat. Pork has a somewhat different taste. If there’s two percent pork in a dish, will you feel that taste in the dish? I’m not sure. Even ten percent, in many cases, I don’t think you’d feel it. So this assumption that any person can taste and say there’s forbidden substance here—that’s true starting from a certain percentage. If it’s half pork and half cow, then apparently someone who knows the taste will know: this is pork taste; there’s pork taste here, not just cow. One in sixty is very hard. Now beyond the problematic halakhic ruling—because from the halakhic sources it seems this really is just a matter of checking: give it to a non-Jew and he’ll tell you whether there is forbidden taste in it or not. Leave that aside for the moment. I’m not talking now about Jewish law but about reality itself. From what percentage? If you had to set the Jewish law, then not one in sixty. From what percentage would you set it? It’s very unclear. There’s a continuum. The question is how noticeable the taste has to be, how dominant.
[Speaker A] And obviously it also differs from one person to another—
[Rabbi Michael Abraham] Person. It differs from one meat to another, it depends what is mixed into what, it’s not always one in sixty, that’s obvious. Obviously they drew the line here in some technical way. But here again, in the sources of Jewish law it seems they do not understand this as a technical cutoff, because they say: what’s the problem? Taste it, let someone taste it. They only set the one-in-sixty rule because you don’t always have a non-Jew at hand who can taste it for you, so they established a fixed rule of one in sixty because that’s the indication. But in principle I should have had a non-Jew taste it. All right? But I’m saying beyond that, even apart from the question of whether a non-Jew should taste it or not, there’s some assumption in the Talmud and afterward in the medieval authorities (Rishonim) and later authorities (Acharonim) that there really is here a factual question that can be decided by experiment. I don’t think that’s true. I don’t think it’s true, because the question is: how sure do you have to be that there’s forbidden substance here in order to say, “I tasted it and there’s forbidden substance here”? Do you need to be 20% sure, 50% sure, only if there is doubt at 50%—how sure do you need to be? It’s a whole continuum, and of course it varies from case to case. Of course I’m not even talking about a mixture of pork in cow meat, which is something well-defined. Even there, there’s still a continuum of degrees—how distinct it is, how significant it is. So the absorption of taste in sinews—what does it mean that it absorbs? Obviously the sinew absorbs. The question is how much it absorbs. Does it absorb in a significant way or not in a significant way? Now what counts as significant? Is significant an absorption of 10%, 20%, 40%? I don’t know. So the dispute whether a sinew absorbs or does not absorb can definitely be a dispute that is not a dispute about reality, but a dispute about the question of what threshold is called absorption. Suppose the sinew absorbs at 30%, all right? Then there is a dispute whether 30% is enough or not. One says only from 50% is it called absorption, and one says from 20% it’s called absorption. So everyone agrees about the reality—that the absorption is 30%. There’s no dispute about reality. The dispute is about how to judge the reality, or where to place the threshold. And very many of the disputes about reality—like the shade example I brought earlier from the Ran, there too. It’s a question of from what shade of gray on the floor we regard it as “the sunlight is greater than the shade.” It may be that everyone agrees on what shade of gray is present here, but we cannot determine: with this shade of gray, is it more than 50% shade or less? What is the brightness level of this shade? How do you evaluate such a thing? That’s not a simple question. Even today scientists who try to examine it don’t know how to tell you. Nobody knows. Is it half dark and half light when you look at it? Is it 70% dark, 30% light? I mean in terms of the shade of gray. How close is it to black? People will argue, because you can’t measure it; it’s only a question of how we see it. You can interview people and ask them, tell me how you would quantify it—70%, 30%—and do averages. And over those averages there are major disputes, whether it’s a power law or a logarithmic law or various things of that sort, what the relationship is between physical intensities and mental intensities.
[Speaker A] You can do a survey.
[Speaker D] A logarithmic survey, yes.
[Rabbi Michael Abraham] That’s what people do. There’s no other way to measure it.
[Speaker D] Rabbi, every Passover eve when I look at the knife and I said, what leavened food is here in this? I looked at the knife and said, come on, seriously, what leavened food is here? Is it absorbed or not absorbed? And I have gluten sensitivity, I’m not allowed to cut—it’s forbidden for her to cut an onion, not an onion, an apple with a knife that I used to cut bread. Now every time I look at it I say, what is absorbed here?
[Rabbi Michael Abraham] But that, for example, in Jewish law isn’t clear, because you need something sharp and a knife.
[Speaker D] No, I’m talking about leavened food, leave aside sharpness.
[Rabbi Michael Abraham] No, but with forbidden food, if it’s not sharp then it’s just a knife and this—
[Speaker D] Zero, no, if you washed the knife, then basically zero, and every time it was leavened food I said, what leavened food is here? And with gluten and sensitivity, it affects things like crazy.
[Rabbi Michael Abraham] That’s obviously a question of quantities. Rabbi Ben-Zion Abba Shaul writes somewhere that they asked him whether it is permitted to drink water from the Kinneret. Understand that there are people who put cloth on the faucet on Passover, because after all in the water reservoirs slices of bread or pitas or things like that can float around. Not only can—they do. The fishermen throw all kinds of things, and so on. And leavened food on Passover is prohibited in even the tiniest amount, meaning it is never nullified at any percentage. So he said that even “the tiniest amount” has a minimum measure.
[Speaker D] He told him that’s only a different problem.
[Rabbi Michael Abraham] What?
[Speaker A] No, that’s not a tiny amount, there’s one problem there.
[Speaker D] What? Namely that specifically where he lived the water wasn’t from the Kinneret at all.
[Rabbi Michael Abraham] No, fine, no—they asked him—
[Speaker D] But it all came from the wells at Sha’ar HaGai.
[Rabbi Michael Abraham] Eighty percent of the water there was from there.
[Speaker A] No—
[Speaker D] I’m saying also where he lived it was—
[Rabbi Michael Abraham] They asked him, people who perhaps do rely on Kinneret water. But never mind. In short, what I want to say is that many cases that we would classify as cases of dispute about reality are in fact disputes about evaluating reality or judging reality, and that is basically a normative dispute, not a factual dispute. And you have to know: in many cases it’s really like that. Better to dwell as two than to dwell alone, right? On what basis is a woman not willing, from the outset, to become betrothed? In what case, had she known, would she have refused the betrothal? When is there a mistaken transaction in betrothal? There are all kinds of disputes. If the husband is an apostate, if his brother is an apostate and she would fall before him for levirate marriage, if the husband beats her, if the husband has boils—disputes. So what is this, a dispute about reality? What a woman would refuse and what she wouldn’t? There are women who would refuse this and women who would refuse that. The question is: how many women refusing counts as an assessment that says an ordinary woman would refuse such a thing? Is twenty percent enough? Twenty percent? Yes, exactly. What is the standard of the reasonable person? That’s not a dispute about reality. You can come and say what determines it is the majority. Conduct a proper survey and see: if it’s 51% or more, then the majority determines it, because in Jewish law we follow the majority. Fine? But here what I said before comes in. The Sages didn’t conduct surveys. They didn’t conduct surveys; they got a rough impression of women’s opinions and said, okay, there is a significant segment of women who think this way, so I say yes; if not, then no. What does “significant” mean? So if you say 51%, then fine. But when you don’t measure, there’s no way to quantify. It’s significant enough—and that’s it. Like with a cubit, with all the measures. Once, you put out your hand and see whether there’s a cubit here or not. Today we measure it in centimeters. I’m saying again, because that’s how we are built. I have no criticism of that. That’s how we are built, and for us that’s correct. Today we could not do what people did once. Today we are too attached to science, to technology, to very formal thinking, so there has to be a uniform standard. So first of all, that removes from the picture many disputes—very many of them are disputes where, if you look closely, you’ll see that the reality is actually agreed upon. The whole question is how to evaluate it, how to judge it, and that really is not a dispute about reality. But several examples have already been brought here, and there are more examples; it’s clear that there are also disputes about reality. And then the question is what to do with that. And he brought something that I also read once and very much enjoyed, things that Rabbi Yitzhak Hutner wrote in one of his holy letters. He says: “And surely you know that such topics are found in the Talmud in great number.” There are disputes about reality. “And you must know that when so-and-so holds that the boards of the Tabernacle were made in a certain known way different from how reality actually was, he is simply mistaken.” So he was mistaken—what is there to discuss? That’s obvious. “But when…” We have a solution for that. We have no way of checking. In a place where we have no way of checking, can there be a dispute about reality? According to Rabbi Hutner’s view, he assumes not. He says there cannot be a dispute about reality, because there is no such thing as a sage who errs. You see, Rabbi Yitzhak Hutner felt compelled to solve the problem, to solve it. Regarding the boards of the Tabernacle, we have no way to check—how would we know what was there? Now there can be a dispute about reality. Why does that bother him? It bothers him and he looks for an answer because in his view there cannot be a dispute about reality. Because the problem is not “go check and see instead of arguing.” The problem is: how can it be that one side is wrong? After all, “these and those are the words of the living God.” That’s what bothers him. So he found a very nice solution that basically ends up bringing us back to the second conception. He says: “But when a sage presents from the tradition of the Oral Torah,” skipping a bit, “for they are the counselors of the Creator of the world—when he holds that the boards of the Tabernacle were made in a way different from how reality actually was, this is nothing but a concealment within the power of knowledge.” There is a concealment of knowledge, of information. “Just as the physical Tabernacle was hidden away according to the will of God, so too there is a process whereby the knowledge of its matter and its structure is consigned to concealment—concealment within the cognitive power of the sages of the tradition. If a sage from the sages of the tradition of the Oral Torah did not align with the reality of the physical structure,” meaning what he said does not match what actually was there, “then precisely thereby he aligned with the will of God. And consequently the Jewish law that emerges from the reasoning of this sage is the true Jewish law. And every reality has its own truth, and the truth of Torah reality is alignment with the will of God. So when two Amoraim dispute the manner in which the boards of the Tabernacle were made, the meaning of their dispute is how the image of the boards of the Tabernacle is now revealed before us.”
[Speaker A] That’s almost postmodernism.
[Rabbi Michael Abraham] Right. “And because the Jewish law that emerges from this dispute does not depend entirely on the actual reality of the boards of the Tabernacle, but rather on the way they are revealed, and the dispute of the Amoraim is how we are to interpret the verses dealing with this matter—since the interpretive exposition of verses by the sages of the Oral Torah is itself the will of God”—and here too there is a practical halakhic implication—“in the revelation of this matter through the power of cognition. And every detail of the actual reality of the Tabernacle itself that the sages of the Oral Torah found no place to derive from the verses or from their own reasoning is nothing but concealment. About any other opinion found in the world, we say one of two things: either it is mistaken or it is correct. But all the reasonings and opinions and expositions of the sages of the tradition of the Oral Torah are removed from the very distinction between correct and incorrect—these and those are the words of the living God.” This is the source here. Fine, what is he actually saying? He’s saying something that on the face of it is certainly a plausible idea. Meaning, when you get to the question of exactly how things functioned in the Tabernacle there, how the boards were made and fashioned—how do you arrive at that? You arrive at it through interpretation of the verses. You try to understand how the verses—the Talmudic passages, whatever, depending who you are—the Sages, say, tried to interpret the verses. Now clearly in reality one side was right and the other was wrong—either they made the boards this way or they made them the other way. Or maybe there is a third way.
[Speaker A] What? Or they were both wrong.
[Rabbi Michael Abraham] Yes, at least one of them was wrong, and it could be both of them were wrong. But for us, what really happened is not important, because what matters is the meaning of the description of reality that appears in the Torah. Because from our point of view, when the Torah is written it documents reality, and what determines the laws of Sabbath is how the Holy One chose to describe what was there, not what really was there. That is what determines it. If so, then this is a dispute in interpreting the Torah, not a dispute about reality, and a dispute in interpreting the Torah is “these and those are the words of the living God.” Meaning, then, you are basically saying: what emerges from the Torah? If what emerges from the Torah is that the boards were such-and-such—after all, definitely it could be, for example, like “It is not done so in our place, to marry off the younger before the elder,” like Laban says to Eliezer. So the claim that Laban said that—the Magen Avraham says this as Jewish law. The fact that Laban said it, that he told him, this is not done in Aram Naharayim—so what? Tell me, how does that obligate Jews in Jewish law? What does that have to do with anything? The claim is that if the Torah wrote it, then the Torah wanted to tell us “It is not done so in our place.” It’s not merely a historical description of what happened there. The way the Torah chooses to describe something is not only to convey historical information but to teach me something I am supposed to learn from it.
[Speaker A] Not only—and maybe not at all.
[Rabbi Michael Abraham] He claims not at all, that history is of no interest. That’s what he claims. Fine, it’s like all the pilpulim about—well, this is of course famous—all the pilpulim that Vashti and Ahasuerus disagreed in the dispute between Rabbi Akiva Eiger and the Tzelach. What does that really mean? It is obvious that—I mean, even if you take these absurdities seriously—but what stands behind it? What stands behind it is that obviously Vashti and Ahasuerus did not disagree over that dispute. It’s only that the verses describe Vashti’s position and Ahasuerus’s position in such a way that the verses leave room for Rabbi Akiva Eiger’s interpretation and for the Tzelach’s interpretation. The one who wrote this with divine inspiration framed it in a way that can be interpreted like Rabbi Akiva Eiger and the Tzelach. It’s not about Vashti and Ahasuerus. All right? That’s what stands behind these things. So that’s what he really wants to claim: Jewish law does not depend on historical reality; Jewish law depends on the Torah’s description of historical reality. And in the Torah’s description, this one understands from the description that what happened was such-and-such, and that one understands from the description that what happened was such-and-such, and therefore that is what determines it. And one practical implication, for example, is what would happen if Elijah came and told me what really happened there. It doesn’t matter. Here, “these and those are the words of the living God” in the case of the concubine at Gibeah—
[Speaker A] It doesn’t matter.
[Rabbi Michael Abraham] The sage who disagrees will remain with his opinion and he will not be persuaded by what Elijah said. Why? Because from his point of view, at least regarding the lesson we understand, the lesson is—yes, a fly—I read the verses and from the verses what emerges is “a fly.” I’m not interested in what historically really happened there.
[Speaker A] He probably misread it if there really was a fly there. What? The Tabernacle was a specific thing and the Torah did not describe something incorrect.
[Rabbi Michael Abraham] Yes, yes—it described it in such a way as to clarify for me the laws of Sabbath that obligate me. It chose to describe it in a way not necessarily corresponding to reality, because from its point of view—rather, it is faithful to what I need to learn from what happened there, because practical implications emerge from that. That’s the claim. And that he calls the concealment of knowledge. Just as the Tabernacle was hidden away, the knowledge or information about what happened there in the building of the Tabernacle was hidden away as well. What does “hidden away” mean? Hidden away in the minds of the sages of the Oral Torah, or hidden away in the Torah. And now you uncover what is inside the Torah, and that is already a question of interpretation. He uncovers it this way and he uncovers it that way. And then he claims—there is still some concession here. Clearly each side was mistaken—one of the sides was mistaken, sorry—in the historical sense. But it’s not really a mistake, because they were not claiming something about history; they were claiming something about the literary description of history, the biblical description of history. And here you can say “these and those are the words of the living God” completely. That really is what matters; it doesn’t matter what actually happened. Yes, just like the Sages return to the questions with Maimonides, yes? About the angels who came to Abraham—was it a parable or did it really happen? That too is a dispute. It doesn’t matter right now, meaning, because it is only a dispute about what happened, but what happened is not important. What matters is the lesson that emerges from it. And the lesson that emerges from it—whether it was a parable or not a parable—the Torah wrote it in order to teach me that lesson, so as far as the lesson is concerned, what difference does it make? Therefore the dispute between Maimonides and other commentators who interpret it literally is not really a significant dispute. It is not really a historical dispute. In the historical dispute, one is right and one is wrong, but it is not a dispute in Torah outlook. In Torah outlook, the question is always whether you derive a conclusion from it. If you derive a conclusion from it, then there will be “these and those are the words of the living God,” because basically you can interpret the verses this way and you can interpret the verses that way. So if the Torah can be interpreted this way or that way, that means there is room for both these conceptions. And that is what matters here. “These and those are the words of the living God” applies to the Torah lessons, the halakhic lessons, and not to factual reality. And I say, all this is on the assumption that there really cannot be a dispute about reality, because there cannot be error, as he assumes. He claims the dispute is not about reality but about how we see reality.
[Speaker B] That’s true, I assume, in the story of the angels. The dispute between the commentators, as I understand it, is what the plain meaning is. It’s known that you can expound the Torah through plain meaning, hint, homiletics, and secret, and there are seventy facets to the Torah. But when there’s a dispute between commentators on the Torah, it’s a dispute about what the plain meaning is. For you to tell me, as a homiletic reading, that the angels—
[Rabbi Michael Abraham] No, no—that’s what I’m saying. Even the dispute between Maimonides and those who disagreed with him in interpreting the Torah, whether it was a parable or it really happened—one was right and one was wrong, because it either happened or it didn’t happen. Right, of course. But Rabbi Yitzhak Hutner says, fine, but that doesn’t matter, because the dispute really is not there. The real dispute is about what lessons I will learn from there. And the lessons I learn from there—it doesn’t matter whether it was a parable or not a parable. These and those—
[Speaker B] Maimonides says he isn’t interested in what happened in the plain meaning?
[Rabbi Michael Abraham] No, no—
[Speaker D] He’s interested in the plain meaning only—
[Rabbi Michael Abraham] Only insofar as there is a practical implication for what lesson I learn from there. That’s the claim. If you want to know what happened, then fine, let’s have a dispute between archaeologists. Then one is right and one is wrong. But who cares? What matters is the lesson I learn from there. And even if it was a parable, the Torah wrote it—the visit of the angels—in order to teach me that, you know, hospitality is greater than receiving the Divine Presence. There are many lessons learned from those angels. So it never happened and was never created, fine, according to Maimonides. But the Torah wrote it in order to teach me that lesson.
[Speaker E] So why not say the lesson explicitly? What? Why not state the lesson explicitly? Why choose—?
[Rabbi Michael Abraham] That’s already the question of why the Torah chooses to convey things through literary messages. Fine, sometimes that’s a better way of conveying messages—when you tell a story rather than saying it in a prosaic, direct way.
[Speaker D] By the way, with Laban too there was a dispute about reality, because he said to Jacob, he told him, “It is not done so in our place.” He tells him, don’t make a fuss—where we are, that’s just how it’s done, it isn’t done otherwise here. Why get hung up on details?
[Rabbi Michael Abraham] Yes, okay. But that wasn’t a dispute at all. “It is not done so in our place”—it’s agreed that that’s how it wasn’t done there.
[Speaker D] No, he told him, “It is not done so”—he—
[Rabbi Michael Abraham] He told him, come on, let’s make this bigger—it doesn’t matter that that’s how people do it. There is no dispute there; there is no dispute in the interpretation of the verse there. Okay, so that’s regarding disputes about reality. So if I summarize—I see this took me more time than I thought—if I summarize, then basically I’d say this: in most cases, the dispute really is not about reality. That’s true. Not because I have some motivation to say so, but because it really is not a dispute about reality. It’s a dispute about evaluating reality; in essence it’s about how to define the threshold. How much is called taste, how much is called shade, all kinds of things of that sort. It’s only a question of what the threshold is. How much must a woman object, how many women, what percentage of women have to refuse such a betrothal in order to say that the average woman does not accept a betrothal of that sort. When there really is a dispute about reality, then there are different possibilities. One possibility is to say: okay, there is a dispute about reality and one is right and one is wrong. So what? Who said there’s no such thing? True, in a place where you can settle it by checking, then what’s the point of disagreeing—just check. In principle. And even about that I said: fine, the mentality then was not necessarily such that they were aware that every time you simply need to go to reality and check. I can understand disputes that remain unresolved without checking, even though I say that when there’s a dispute, unlike Aristotle’s assertion, then it really is harder. When you have a dispute, why sanctify the two opinions? Go do an experiment for two minutes and check. What’s the problem? Check who is right. And that is a significant argument. So according to this conception there are disputes about reality, but not in a place where it can be checked—certainly not where it can be checked easily. By the way, it’s like the laws of doubt. In the laws of doubt too, if you are in doubt that doesn’t mean you may be lenient in a rabbinic-level doubt. If you can check it, then it isn’t called that you are in doubt. Check. Something that can be checked—what do you mean, I’m in doubt so I may be lenient? That’s not called doubt. Those who go further are the ones who basically say there is no such thing at all as a dispute about reality. Like Rabbi Yitzhak Hutner’s assumption. Why? Because it cannot be that a sage of the Oral Torah is mistaken. Such a thing cannot be. I said that the Minchat Chinukh applies this even to the medieval authorities (Rishonim), not only to the Sages. He brings a dispute among the medieval authorities about whether the blood is “stored in place” or “uprooted from its source”—there’s a passage in tractate Ketubot. That’s one example; there’s another example in the Minchat Chinukh regarding the question of how blood is contained in a virgin woman—when one has intercourse with her, blood comes out. And the question is: how is the blood there? Is it deposited, as if in a kind of pouch, or is it actually absorbed into the organs—“stored in place” or “uprooted from its source”? That has practical implications for the question of whether intercourse is prohibited on Sabbath and under which category of labor, and so on. In any case, the Minchat Chinukh says there—what, there cannot be a dispute about reality as to whether the blood is “stored in place” or “uprooted from its source,” and therefore he explains those views differently. Meaning, he assumes that even among the medieval authorities there cannot be a dispute about reality. There is no such thing. Because then one of them turns out to be mistaken. I said that doesn’t necessarily bother me, but even if we adopt that, there is still Rabbi Yitzhak Hutner’s way out, where he takes it all the way and basically says: okay, true, it cannot be that one of the sages of the Oral Torah erred, and therefore whenever there is something that seems to you like a dispute about reality, first check whether it really is a dispute about reality or only a question of where to set the threshold. Second, the dispute is about how I interpret reality or where I set the threshold, and not a dispute about what really existed in reality. Good. That’s the first part. The second part is really about the social disputes, what I mentioned. Maybe I’ll give some introduction. It says in Avot: “Any dispute that is for the sake of Heaven will in the end endure; a dispute that is not for the sake of Heaven will not endure. What is a dispute that is not for the sake of Heaven? The dispute of Korach and his congregation. A dispute for the sake of Heaven? The disputes of the House of Hillel and the House of Shammai.” An interesting point, because the Jerusalem Talmud describes the dispute between the House of Shammai and the House of Hillel as reaching the point of killing one another. I mentioned this one of the previous times. And that is called a dispute for the sake of Heaven. Meaning, the definition of a dispute for the sake of Heaven versus a flawed dispute is not necessarily a question of how extreme it is and how it is conducted. Again, I said, we clarified that they didn’t literally kill each other, but apparently there was something there that was rather violent and extreme. Today, very often, the tendency is to think it depends on how you conduct the dispute. Meaning, if it’s extreme then it’s a dispute not for the sake of Heaven, and if it’s for the sake of Heaven then it has to be conducted gently and so on. I do not accept that at all. On the website this comes up quite a bit too, and harsh expressions—as if harsh expressions are automatically illegitimate or not. I’ve often repeated this: in my view the question is whether it is substantive or non-substantive. That’s not the same as how sharply you write. Fine, I’m saying maybe there is a value in not being sharp, and maybe sometimes I go too far—I’m willing to accept criticism. I only claim that on the principled level I do not accept that as a criterion for what is legitimate and what is not legitimate. I say, if I talk about his mother’s profession or his sister’s profession, speculate about his mother’s or sister’s profession—at least unfounded speculation—then that’s not substantive. Because what does that have to do with anything? Discuss the issue itself. But if I speak sharply, and I say you’re stupid, you’re an idiot, you’re this—so what? That can be substantive. If I really explain that he’s stupid and an idiot, if I bring reasons and show that he’s stupid and an idiot. So I said, so what if I said something harsh? Maybe one should speak moderately; there’s room to discuss when yes and when no. But I’m saying again, moderation is not the criterion for whether this is a legitimate dispute or not and whether it is for the sake of Heaven or not for the sake of Heaven. What?
[Speaker E] The medieval authorities used—
[Rabbi Michael Abraham] Right, and in the Talmud too they say someone is stupid. Right, Nachmanides says, “Any judge who rules in this manner is no judge at all.” In the Talmud, tractate Bava Metzia 36 apparently, Abaye and Rava say to one another: any judge who rules like you is not a judge at all. Abaye and Rava. Not judges at all. Or the Ba’al HaMaor and Nachmanides—Nachmanides says, “ancient words from the mouth of a newly old man.” Well, here comes another newcomer, a newly old man. The Ba’al HaMaor wrote, as a young boy, objections to the Rif; Nachmanides was appalled by that. Meaning, the Rif was considered very exalted—you weren’t supposed to touch him, because he was holy. The Ba’al HaMaor was seventeen. What did he write? He wrote it at seventeen. He wrote objections to the Rif, so Nachmanides got worked up at him, as if to say: sit down, grow up first, study a bit before you write. But the fact is that he bothered to answer him, meaning there was respect together with the—
[Speaker D] If you answered him, then—
[Rabbi Michael Abraham] You already wrote an entire work to answer the objections of the Ba’al HaMaor, with all the engagement. But Maimonides less so.
[Speaker D] Also the Ra’avad and Maimonides, no? What? There are age differences between them. Between whom? Between the Ra’avad and Maimonides. The Ra’avad was a bit older when he wrote his objections to him.
[Rabbi Michael Abraham] Yes, but—it could be, I don’t remember exactly at what stage he read Maimonides and then responded. Clearly Maimonides was young. Eighty—twenty-seven. Could be.
[Speaker D] Or because it was for Rabbi Michel.
[Rabbi Michael Abraham] Sometimes it’s even something silly but you have to address it because people will think it’s serious. Could be. In any case, I’m saying, the sharpness of the expression—I don’t think it’s all that relevant at all. I’m saying, you can argue about manners and etiquette, and you can argue about tactics—meaning what helps and what works, what’s effective and what isn’t effective. But often people see that as significant. Meaning, if you speak sharply, then it’s illegitimate. And it’s a dispute not for the sake of Heaven. I absolutely do not accept that. You can insult, revile, and skewer the other person—I have no problem with that, including if it’s me myself—as long as you substantiate it, you show that what you said is really true, that I spoke nonsense, that I’m an idiot. So tell me I’m an idiot. Fine, what’s the problem? I’ll argue with you and say I’m not an idiot, but I have no problem with the fact that you said it. Meaning, that’s exactly the point. Yes, that post about my being a heretic—people were terribly offended on my behalf. What’s the problem? That really is what he thinks. It fits the definition of a heretic, so he’s right according to his own view. Now you can argue whether I agree with him or disagree with him, but what’s illegitimate about saying it? That’s the dictionary definition of the term according to his view, and that’s what he says. What’s the problem with that? And the fact that there are stupid people—of course there are stupid people. So if I say to someone that he’s stupid, is that necessarily illegitimate? It’s illegitimate unless I showed that he’s stupid. Meaning, if I show by arguments that he’s stupid and I say he’s stupid, then it is completely substantive. You can say again, it’s not useful, not tactical, not this—fine. Let’s argue tactically. But that’s not the point. And a dispute for the sake of Heaven can be conducted in a very extreme way. And many times it was conducted in a very extreme way, and that doesn’t mean it wasn’t for the sake of Heaven. The dispute—I don’t know, all the crazy fanaticism of Satmar, whatever, all kinds of things of that sort, yes? In my view that is in principle a dispute for the sake of Heaven. Including the ugliest actions. Informing to the authorities against the Zionists—not today; I’m talking about the beginning of Zionism. That’s not Satmar already, but the opposition to Zionism or to the Enlightenment. They would inform on one another to the authorities and things of that kind. In my view that is a dispute for the sake of Heaven. A dispute for the sake of Heaven in which they may have done things they perhaps should not have done or were forbidden to do, but the dispute is for the sake of Heaven. You really think the other person is harmful and needs to be put in prison by the Russians so that he won’t lead the children of Israel away from their minds or from their religion. Fine. Now I can argue with you whether it is right to do that, whether it is permitted to do that, but according to your own view you are doing it for completely substantive reasons. You are not doing it because you just hate me for no reason. That is a dispute for the sake of Heaven. What about killing? What? Killing? At a certain level of extremity, even killing? Yes. I’m saying again, I can disagree, but the fact that I disagree—take Yigal Amir, for example, yes? What do you mean, “what about killing”? So I say: it was an act entirely for the sake of Heaven. And I can disagree with him, but it was an act for the sake of Heaven. He didn’t do it just because he felt like killing Rabin, I think—I don’t know him—but because he hated him. He thought that by this he was preventing disasters. That’s what he thought. Now, it could be he was mistaken, and it could be that even if he would have prevented disasters it still would not be justified to do it. That’s a dispute on the substantive level. But if that really is what he thought, then it is a substantive act for the sake of Heaven.
[Speaker A] “For the sake of Heaven” doesn’t necessarily mean good? What? “For the sake of Heaven” doesn’t necessarily—when the Talmud says, “A dispute that is for the sake of Heaven will in the end endure,” it brings that as praise for a dispute for the sake of Heaven.
[Rabbi Michael Abraham] Fine, it really is praise.
[Speaker A] Why? That’s what I said about Yigal Amir, what I just said.
[Rabbi Michael Abraham] And the fact that he did it not for his own lusts does not—
[Speaker A] Mean that it’s a good thing.
[Rabbi Michael Abraham] I didn’t say it’s a good thing; there’s no connection. I said it’s not a good thing, and I said it’s praise. Two different things. He did it for the sake of Heaven and I disagree with him. He did something wrong. Two different things. So I give him the credit for what he deserves credit for, and I condemn him for what I think I disagree with. That’s what I’m saying. Hillel and Shammai wanted to kill each other, or did kill one another. I do not necessarily praise that matter; in fact I’m not inclined to praise it. But I do see it as a dispute for the sake of Heaven. The Mishnah says it is a dispute for the sake of Heaven, the dispute of the House of Hillel and the House of Shammai. It is a dispute for the sake of Heaven. Fine. Even a dispute for the sake of Heaven may need limits, but the definition of whether it is for the sake of Heaven or not, in my view, is a definition based on whether it is substantive or not. The dispute of the House of Shammai and the House of Hillel was a substantive dispute; they really thought the other was mistaken, harmful, whatever it was, and therefore they did what they did. So I can argue that what they did was wrong. But it is a dispute for the sake of Heaven.
[Speaker D] And where is Korach, where in his case it’s not for the sake of Heaven?
[Rabbi Michael Abraham] What?
[Speaker D] Where is Korach, where in his case it’s not for the sake of Heaven?
[Rabbi Michael Abraham] Because Korach apparently—that’s the claim of the Sages, I don’t know. And the Sages’ claim was not because he disagreed with Moses our teacher. The substantive claims are a cover for other motivations. That was the claim. At least that’s how I interpret it. And therefore we see that it is not a dispute for the sake of Heaven. He wanted a position for himself; he wanted that Moses our teacher should not be the leader but that he should be the leader. Yes, “Why do you exalt yourselves?” Now if you really make that claim in the name of democracy, then it’s a dispute for the sake of Heaven. But if you make it because you want to be the leader and not someone else, then it’s a dispute not for the sake of Heaven. Because you are basically doing it because you have an interest. Okay? That’s exactly the point. It is not at all a question of how sharply Korach did it. That’s not the point. The question is why he did it. Was it substantive or non-substantive.
[Speaker E] You can’t take the label “for the sake of Heaven” and in its name give legitimacy to the prohibition of murder. One must die rather than transgress. What, because it’s for the sake of Heaven, then—?
[Rabbi Michael Abraham] I didn’t say I was giving legitimacy.
[Speaker E] You said it’s for the sake of Heaven. But that means you’re giving him praise, you’re commending him.
[Rabbi Michael Abraham] I commend him and I say it’s for the sake of Heaven, but that does not mean it’s legitimacy.
[Speaker E] You can’t praise something like that.
[Speaker A] You can’t praise the classification of the dispute?
[Rabbi Michael Abraham] This thing is bad in one respect and good in another respect.
[Speaker E] Do you think that in that way we are contaminating the meaning of “for the sake of Heaven”?
[Rabbi Michael Abraham] I don’t agree. I think that evaluating events and opinions and the way people conduct themselves can be a complex evaluation. I can disagree very strongly with someone and still greatly appreciate him for his approach, for what he does according to his approach. We once talked about suicide terrorists. Same thing. I think the self-sacrifice—their self-sacrifice—is very worthy of appreciation in my view. I don’t know whether I myself would be so ready to sacrifice myself for what I think is true. At the same time, it’s clear to me that they need to be killed, that they are harmful, and that this must be prevented by every possible means. Because I don’t agree with what they’re doing. Not only do I not agree, I’m also, of course, a potential victim. But I’m saying that this doesn’t prevent me from appreciating them. In my view, on the contrary, contaminating the discourse means mixing up the different planes. We need to relate to phenomena in a nuanced way. They have this aspect and they have that aspect. Each thing on its own merits. And I claim that a dispute for the sake of Heaven or not for the sake of Heaven is not a question of how it’s conducted. That doesn’t mean I have no criticism of the way disputes are conducted. There can be criticism of that. But that’s criticism of a dispute that is for the sake of Heaven, because even that has ways it should and shouldn’t be conducted. That’s a different argument. But a dispute that is not for the sake of Heaven is a dispute that says your motivation is an extraneous motivation, not for the sake of Heaven. And here that is not true. You can conduct a dispute in a very ugly and extreme way and it can still be a dispute for the sake of Heaven. Everyone laughs a lot at all those people who, yes, do everything, and of course it’s all only for the sake of Torah, right? And people always say that ironically and cynically. I don’t see it cynically. I think that very often—not always, but very often—it really is a reflection or expression of the person’s true position. He thinks that this is how one ought to act. I can argue with him—not only argue about the position itself, but also argue that even if this is your position, it’s still not right to act this way. But I still understand that you think it is justified to act this way according to your approach. And again, this is not postmodernism, as we said earlier. Because I will still oppose him, and I will put him in prison, or I will prevent what he is doing. It’s not that I’m willing to let everyone do whatever he wants. But I can still also appreciate him according to his approach. That’s the complexity. It’s not that everyone is right; rather, even in someone who is not right, there can be aspects that are indeed aspects one can appreciate and acknowledge, or all kinds of things of that sort. So therefore, if I just sum up the introduction, because I only began this point, then we’ll continue a bit next time and then start the next topic. We’ll see how much more we continue. The criterion of for the sake of Heaven or not for the sake of Heaven is not the question of how the dispute is conducted, but the question of what its motivations are. Whether the motivations are substantive or not. And I also don’t think it’s true that the manner of conduct is an indication of the motivations. That too is not true. The manner of conduct not only does not in itself define whether the dispute is for the sake of Heaven, but it is also not necessarily an indication that the motivations are not proper. That’s not true. There are people who truly are zealots, and they are zealots and they do it for the sake of Heaven. You can argue with zealots, you can disagree with them, but you can’t say that it is not for the sake of Heaven necessarily. It depends—there are some for whom it is, and some for whom it isn’t. Okay. We’ll stop here.