In the Jewish world today, it seems like rabbis are more likely to give leniencies in private rather then in public. One the one hand this makes sense - there are certain individual situations that require dispensations that are not necessary for the community at large. But what is often missing today in halakhic decision-making - or at least halakhic decision making that is considered credible in the Jewish world - are leniencies for the public. The Talmud addresses some situations where this is appropriate here.
The question comes up on the bottom of 4b as to whether one can clear our blockages of a water source. After detailed arguing as to whether one is actually permitted to clear a blockage of a water source on Hol HaMoed, which ends in Teyku, the Gemara cites three examples of rabbis allowed the blockages to be cleared. Their proof text being from our mishna: "osen kol tzorchay rabim" on Hol HaMoed.
The conversation continues on 5a as to whether one is allowed to repair damaged cisterns on Hol HaMoed as well. Ultimately, the Gemara rules that one should do what they have to do - even dig a cistern on Hol HaMoed - if the public needs it.
Granted we are talking about Hol HaMoed here, a time when even the mildest of regulations rarely are observed in most Jewish communities, but the idea of permitted something that would seem to be forbidden on holidays because it is necessary for the public good is an appealing one. But what would the examples be for today?
Friday, March 19, 2010
4b-5a: Public Need
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