Q&A: Question
Question
Question
Honorable Rabbi, hello,
Does the Rabbi have tools to decide Jewish law in a place where there is no logic, as follows:
In the Talmud in Beitzah, two contradictory sources are brought. One claims that regarding food preparation there is no requirement of “from before the holiday,” and even if one could have done the labor before the holiday, he may do it on a Jewish holiday, and it derives this from a verse. The other claims that there is a requirement of “from before the holiday,” and there is no verse. There is a dispute among the medieval authorities (Rishonim), etc.
In practice, the Shulchan Arukh rules that there is no requirement of “from before the holiday,” and the Rema rules that there is such a requirement (section 495).
Nowhere is any reasoning explained one way or the other; rather, there are medieval authorities, one like the first opinion and one like the second opinion.
(This is only an example.)
Thank you
Answer
I did not understand how this dispute differs from any other dispute. Perhaps it can be linked to the dispute among the medieval authorities (Rishonim): whether labors of food preparation were never prohibited at all (and then there is no reason to require that they be done before the holiday), or whether they were only permitted in certain circumstances (and then one can discuss whether they were permitted in a case where it could have been done before the holiday).
And if you have neither a ruling nor a rationale, follow the custom: Sephardim like the Mechaber, and Ashkenazim like the Rema.
Discussion on Answer
https://www.etzion.org.il/he/talmud/seder-moed/massekhet-beitza/%D7%94%D7%99%D7%AA%D7%A8-%D7%90%D7%95%D7%9B%D7%9C-%D7%A0%D7%A4%D7%A9
It seems to show the opposite, from the fact that Maimonides rules “before the holiday,” lest he not rejoice on the holiday.
Even though by Torah law it is completely permitted, is there proof that there is no connection between “before the holiday” and whether food preparation was never prohibited at all??
That is a rabbinic law, and it implies that by Torah law it is not forbidden if it could have been done before the holiday. And this is so even though we hold in accordance with Rabbi Akiva regarding circumcision, that anything that can be done before the Sabbath is forbidden on the Sabbath (as far as I recall, simply understood this is a Torah-level law).
In any case, if this is a full-fledged permission, then you need a special reason to forbid it—lest he not rejoice on the holiday. That is a rabbinic decree that is unrelated to the character of the prohibition.
As an aside, I would say that with rabbinic decrees it is usually hard to decide, because there the question is whether they decreed or not, and not whether it seems reasonable to me or not. Usually one decides there based on proofs from the Talmudic passages or according to the rules of halakhic ruling.
I didn’t see the dispute—where is it???