Explores how a mishnah presenting an individual opinion against the majority is decided in the context of selling a temurah (consecrated animal exchange). The Sfas Emes examines the relationship between the Mishnah's ruling and the underlying tannaitic dispute.
במתני׳ הוי סתם פלוגתא דיחיד ורבים ממילא הלכה כרבים
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שפת אמת על הש"ס, Temurah כ׳:א׳ (Temurah כ׳ ע״א) — ד"ה במשנה אי תמכר שלא במום
Sfas Emes al HaShas, Temurah 20a
The continuation of the Sfas Emes's discussion of the Mishnah's rule concerning an animal sold without a blemish, including the relationship between the Mishnah's alternatives and the underlying tannaitic dispute.
במשנה אי תמכר שלא במום. וכיון דבמתני' הוי סתם פלוגתא דיחידורבים ממילא הלכה כרבים.
Filed under: רבים
Filed under: תמורה
Filed under: יחיד: פוסקים
Filed under: Selling Chametz
Sources explore the halakhic principle that a court or communal body decides according to the majority opinion, grounded in Torah law and codified by Maimonides. The Sefat Emet applies this principle to specific Talmudic disputes, distinguishing between the exceptional path of the righteous and the binding practical law that follows the majority.
These passages from the Sfas Emes's commentary on Temurah explore how the halakhah is determined when the Mishnah and Gemara present disputes between individual sages and the Sages (majority). The sources examine the relationship between tannaitic disagreements and the principles by which later authorities rule according to the majority position.
These sources explore the halakhic concept of peshara (compromise settlement), examining how it functions as a legitimate and often preferred judicial approach in civil disputes. The sources address the relationship between peshara and strict Din Torah, the role of the dayan (judge) in facilitating compromise, and the formal requirements such as kinyan needed to establish its binding authority.
These sources address the prohibition against a student issuing halachic rulings in the presence of his master, a core principle of rabbinic deference grounded in Talmudic law and codified by the Rishonim. The sources explore the biblical foundations, Talmudic elaborations, and the severity of violating this rule.
The Sfat Emet explores Shema Yisrael as a foundational spiritual practice, examining its role in accepting God's yoke, the multiple levels of hearing Torah, the unification of body and soul, and the development of love and fear of Heaven. These teachings connect the recitation of Shema to core themes of devotion, cleaving to God, and the hierarchy of spiritual service.
These sources explore the Rambam's understanding of how Yom Kippur atones for sin, emphasizing the essential role of teshuvah (repentance) and confession alongside the day's intrinsic spiritual power. Chabad chassidic sources further develop this relationship, explaining how the day's holiness works together with inner repentance and broken-heartedness to effect genuine atonement.