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Lex Specialis

שו”תLex Specialis
asked 4 years ago

Gemara Makhot 12:1. A father who accidentally killed one of his sons, whether his second son becomes his blood savior, the Gemara thought in Ha-Ha that according to Rabbi Yossi of Galilee, blood redemption is a commandment and not a permission, so his son becomes his blood savior and rejects the commandment of honoring the father, and the conclusion is that the commandment of honoring the father is not rejected in the face of the commandment of blood redemption and his son does not become his blood savior (because there is a general teaching that a son does not become an emissary to beat and curse his father except for incitement, in which it is written: “You shall not pardon or cover up”).
 
I thought of explaining the verse (that the mitzvah of blood redemption negates the mitzvah of honoring the father) and the conclusion (that the mitzvah of blood redemption does not negate the mitzvah of honoring the father) in a certain way and I ask with your permission if you can and would be kind enough to inform me of your opinion [since it seems to me that the things come down to understanding the general lex specialis that is in your cyclone and may be used at any time, and to the question of whether the mitzvah between a person and a place and the mitzvah between a person and his fellow man that stand before him are equal, he must choose the mitzvah between a person and his fellow man, which in the MCA you sided with that he must choose between a person and his fellow man, as I have stated, and is it that a father cannot command honoring the father against another mitzvah because ‘you all owe me honor’, that is, specifically when he commands it himself or even when his honor ‘in any case’ contradicts another mitzvah, honoring the father does not stand against any mitzvah, which also came up in the same discussion about the mitzvah between a person and a place and his fellow man].
 
The party whose blood redemption commandment rejects the father-honoring commandment (meaning that he is either obligated to redeem or has the permission to choose which mitzvah to fulfill) is, according to the aforementioned “lex specialis”, in that all redeemers are obligated to honor the father they accidentally killed, and so if the blood redemption commandment is rejected, then it will be *in principle* nullified in this case completely (‘in principle’ meaning not that it is nullified due to an event that occurred before it, but that from the beginning to the end the mitzvah on him is not dedicated to fulfillment), while he could have fulfilled the father-honoring commandment before that and for the rest of the time until he had the opportunity to kill his father.
 
And the conclusion that the commandment of blood redemption does not negate the commandment of honoring the father (meaning that he is forbidden to redeem, and perhaps this is only because of the “sho”t) is that the lex specialis (hereinafter “LS”) deals only with cases in which the entire commandment is abrogated in principle, such as if they refrain from killing Sabbath desecrators in order not to violate the “thou shalt not murder,” then the obligation to kill them is completely abrogated, and therefore it is clear that the Holy One, blessed be He, intended that Sabbath desecrators would be killed and the prohibition “thou shalt not murder” would be rejected. Hence why He wrote to kill, but here the commandment of blood redemption in general applies to other accidental killings in which the redeemer is not the son of the accidental killer, and therefore does not belong here to the aforementioned “LS”.
 
[But if so, one must understand why a son is forbidden to redeem, and we are not saying that he has two commandments before him and he should do whatever he wants, or that he should draw lots, just as if he has two losses before him, one of Shimon and one of Reuven, and he can only return one, then he returns whichever one he wants (or draws lots), and it is seemingly unreasonable to say that he is forbidden to kill his father simply because it is better to return and not do it.
 
And I thought to say that this is why the Gemara brought the rule that a son does not become a messenger of the court to beat his father. Which seems puzzling, what does this have to do with it? The son does not become a messenger according to the Shevad, they can appoint another messenger, and why would the son jump headlong to beat his father and violate the honor of the father, and since it is possible for both to be fulfilled (honoring the father and beating the father), then there is no reason to violate the honor of the father. However, in the redemption of blood, it is written that a son does not become a redeemer for his father, meaning that under no circumstances does he become a redeemer, and even if he is the only redeemer, he is forbidden to kill his father, and the commandment of redemption of blood is found to be completely nullified, and so what does this have to do with the messenger of the court? I am puzzled. However, based on the above, it should be explained a little, that the son has two equal mitzvot before him, the mitzvot of blood redemption and the mitzvot of honoring his father, and in such a case he will usually choose which mitzvot he wants, but we learn from the messenger of the 4th century that one must avoid violating the mitzvot of honoring his father, and therefore the son must choose to fulfill the mitzvot of honoring his father rather than fulfill the blood redemption. However, the things are still vague and the analogy does not work well.]
 
 


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0 Answers
מיכי Staff answered 4 years ago
Your basic premise regarding the LS requires clarification. You assume that there is a necessary hierarchy according to the scope of the commandment or prohibition. I am not at all sure about this. After all, there is an interpretive explanation behind the lex specialis, and simply put, it is only where the entire commandment is nullified. For example, if we do not kill Sabbath desecrators because of the commandment “Thou shalt not murder,” then the commandment to kill Sabbath desecrators is unnecessary in the Torah. So what is the meaning of the verse? Why was it written? But if it is nullified only for me, there is no question why it was written. Therefore, in such a situation, I doubt whether the broader rule really has priority over the narrower one. Beyond this discussion, to simplify matters, I do not think it is possible to depend on the change between the OT and the conclusion in the LS. In the OT, they believed that if this is a mitzvah, then it is said regarding all of you that you are obligated to honor me, and in conclusion, even if this is a mitzvah, it is forbidden to become a blood savior, because there is no honor for the Father here because of his command (as you wrote). This understanding does not depend on the LS. The comparison to the Jewish emissary means that what I thought above is correct. That is, there is no meaning to the Law if the cancellation of the mitzvah is only for a specific person. Therefore, the fact that another Jewish emissary can be appointed makes no difference compared to a blood savior.

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טירגיץ replied 4 years ago

Thank you very much. Since the restriction to the law that only prevents the sweeping abrogation of a rule is also the conclusion according to the interpretation I proposed, then it seems that the matter is agreed upon. [I was awakened to ponder this regarding your use of the law in the matter of causality and choice, that the place of causality will be reduced in favor of the intuition that there is a choice. In other words, I pondered whether the individual commandment is the power of intuition as a whole or the specific intuition. And from there my thoughts jumped around as usual. But I still need to organize my thoughts on the matter, so I did not present it (suddenly it occurred to me that this too is a kind of cold discussion without emotional dimensions, etc.)]

I did not exactly understand whether and how you explained the evidence of the Gemara from Shlaih 24, if we take the reasonable assumption that one of the dayanim can always be appointed as an alternative Shlaih and on the other hand, there is not always another blood savior who will pursue and achieve. Can you come back?

מיכי Staff replied 4 years ago

In the case of intuitions, the logic is very similar. Only if one of them is completely nullified, there is room for this consideration. This is truly the situation in the conflict between choice and causality. If we choose causality, the choice is completely nullified, but not vice versa.

What I wrote is that since the Gemara compares a messenger of God to a god, it proves that there is no messenger of God in both. And the comparison itself can still be challenged. I think the explanation is that the Gemara proves from there that even a god who rises has authority, so the son does not become a god. If this is authority, then there is no room to divide this from a messenger of God in terms of the fact that there are alternatives. Now, even in a god, there is an alternative: not to redeem blood (because this is authority).

By the way, it is necessary to discuss whether this is intentional or accidental (even intentionality has a role for the goad). I remember a discussion in the Hemda that deals with this in detail when it discusses the duty of honoring a father for an evil father. If this is intentional, then the father murdered his son and is evil, and therefore the son did not become a goad, and it is proven that there is a duty to honor an evil father during his lifetime (he divides the blame after his death).

מיכי Staff replied 4 years ago

Of course, this is proven by the fact that the messenger states that he is a sinner, because it is clear that he is a wicked man who sinned intentionally.

טירגיץ replied 4 years ago

The choice is completely canceled, but the power of intuition in general is not completely canceled. Is what corresponds to the commandment to kill Sabbath desecrators (which cannot be canceled) the specific intuition regarding choice (and therefore the law is applied), or is what corresponds to the commandment to kill Sabbath desecrators the power of intuition in general? It does not seem obvious to me to liken a specific intuition to a specific commandment, and not to liken intuition in general to a specific commandment. I have no argument on this matter.

Apparently, even if it is a case of evil intent, the father made repentance, and then we are obligated to honor him.

מיכי replied 4 years ago

But I have an intuition that there is a choice. Why eliminate it if it is possible not to?! The principle is that you give up as few intuitions as possible. You are right if there was a causal intuition specific to a person's value decisions. Then it might have been reasonable.

טירגיץ replied 4 years ago

Just as in conclusion, the commandment of blood redemption that is imposed on me is abolished even though it is possible not to (and the commandment of honoring the father will be fulfilled the rest of the time), why abolish it if it is possible not to? Why is it not true that the principle is that one renounces as few commandments (that are imposed on me) as possible. I agree that it is more reasonable as you say, but it seems that in your eyes it is really self-evident and I have not yet understood that.

מיכי Staff replied 4 years ago

I explained that the Gemara says this on the assumption that blood redemption is not a mitzvah but a permission. After all, that is the essence of the discussion. On the side that it is truly a mitzvah, they say that it is reprehensible, and this is for a different reason (You all owe me respect. Unless you distinguish between respect that is the result of the father's expression of will and natural respect).

טירגיץ replied 4 years ago

But I speak according to the conclusion of the Gemara that even if blood redemption is a mitzvah, it does not negate honoring the father, as is proven from the baraita that only in inciting a son harms his father (perhaps inciting is a general teaching from Deitztrich and teaches the opposite that in *all* other cases, including blood redemption, the son will be forgiven. I did not understand it that way). No matter how we interpret the explanations in the Homa and the conclusion in the Gemara, the actual law is that blood redemption, even for a mitzvah, does not negate honoring the father, that is, it does not belong here to the mitzvah. “And it will be explained between a mitzvah and a mitzvah, between a mitzvah and a mitzvah, and the amer, etc.’ “

מיכי Staff replied 4 years ago

I didn't understand what was so difficult. The Gemara concludes that if it is a mitzvah then it is a pishita that he does not become a goad, but it now comes to prove that even if it is the son's permission, he does not become a goad, and the proof is from the shlikh yad that, except for instigating, he does not become a goad over his father. In other words, the Gemara compares a goad (in all matters except instigating) to a goad on the side that is a permission, and proves from there that he does not become a goad even if it is a permission.
Why is a goad similar to a permission? Precisely because of your explanation that a goad can choose another goad.

טירגיץ replied 4 years ago

I don't see where the Gemara says such a thing. The Gemara brings two baraitas, one that the blood redeemer is made and one that he is not, telling the reader whether Rabbi Yossi of Galilee (the blood redeemer is a mitzvah and therefore even a son becomes the blood redeemer) or Rabbi Akiva (the blood redeemer is a permission and therefore a son is not made). Then it rejects that even for a mid-mitzvah, a son does not become the blood redeemer (and it is explained between a mid-mitzvah and a mid-mitzvah, who is the minister?) and places the baraita that the blood redeemer is made in a grandson and not in a son. That is, in fact, a son does not become the blood redeemer even for a mid-mitzvah (honoring a father when he is without the father's command rejects the commandment of blood redemption) and this is the Gemara's explanation that he does not become a sheliah beit din (although perhaps this is a special teaching that incites).

מיכי Staff replied 4 years ago

Sorry, I reversed the sides. The Gemara came to prove that even a mitzvah does not have permission to be a goad, and proves this from a shliach in a yid. You are making it difficult that a shliach in a yid has the option of choosing another and a goad is commanded over him.
Perhaps the Gemara does not see this as a distinction, since if there is a mitzvah then he can be a shliach in a yid even if another can be chosen. A mitzvah is a kabid, and even if it can be performed by others, the mitzvah still rejects honoring parents. In scholarly terms, this is permitted and not rejected (although, as is well known, I do not distinguish between the two).
Incidentally, to the conclusion that one divides between a son and a son, one sees that there is another option. The grandson can be a goad. Or at least this is also the case, and therefore the comparison to a shliach in a yid is fair.

טירגיץ replied 4 years ago

And can you clarify for me now again why the commandment of blood redemption in this particular person, out of all the people for whom the commandment is defined, is not a lex specialis to reject honoring a father and therefore is not rejecting? [And the particular intuition that there is a choice, out of all the intuitions by virtue of which we hold, is indeed a lex specialis towards the intuition that everything is causal and therefore is indeed ‘rejecting’]

מיכי replied 4 years ago

I explained. Because no verse is redundant even if it is told not to shed blood. It is only redundant if the verse remains without content.
If I have an intuition that there is a choice and I have a general causal intuition (not a separate intuition about determinism) then it is better to leave both as they are. If I had a specific intuition about causality in value decisions, I am really not sure I would say ”s.

טירגיץ replied 4 years ago

But why do people believe in intuition at all? It's not that every intuition has its own power (if I understand correctly), but that there are general arguments for the validity of intuition. Therefore, a certain intuition (choice) from among all intuitions is seemingly similar to a certain imposition of the mitzvah on me from among all impositions of the mitzvah. I'm only asking if the claim (that there is a s in choice and there is no s in the blood savior) is simple and clear in your eyes, if it's (only) a decision of the mind this way and not that way, then I don't accept your words.

מיכי replied 4 years ago

This is very reasonable in my opinion.
I don't think intuition is a single entity. There are no arguments in its favor because every argument is built on it. It is a human ability that yields many insights. Just as thinking is not a single entity (if it were not, you would have nullified the Torah of L”S).

טירגיץ replied 4 years ago

Understood. Thank you.

טירגיץ replied 3 years ago

I saw a nice formulation of something like the rule ‘lex specialis’ in a baraita in Gemara Sota 14b”b“Wherever you find two readings, one affirms itself and affirms the words of its companion and one affirms itself and nullifies the words of its companion, set aside the one that affirms itself and nullifies its companion and take the one that affirms itself and affirms its companion”.
There are two parts within one verse that are simply contradictory, so one is interpreted with a somewhat expansive interpretation so that there is also room for the other, because if they interpret that one with a narrow interpretation as they probably would have interpreted it were it not for the second part of the verse, then there would be no room for the second part of the verse.

The verse says “And this is the law of the offering, which the sons of Aaron brought before the Lord, before the altar”. Before the altar is interpreted as presenting the offering on the west side of the altar, facing the altar is interpreted as presenting it on the south side of the altar. One Tanna makes a compromise and decides that it is presented in the southwest corner of the altar. But Rabbi Elazar in a baraita does not say this, but first rules out the possibility of arbitrarily choosing between two good options (Rashi will present it to one of them, if he wants to go west, he wants to go south), and says that he will present it in the south and this is still considered ‘before God’ because the priest stands facing the sanctuary (while presenting it in the west is certainly not considered ‘to the face of the altar’). [We see that there are also different methods of interpretation here and we will discuss them and in connection with other cases where two texts deny each other]

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