[Avodah] Distinguishing Peshat from Derash

[Micha Berger]

R' Henken writes:
> Derash, aggadic and homiletic exposition, constitutes the main non-legal
> exegetical activity of the rabbis of the Talmud and Midrash. Contrary to
> misconception, derash usually relies on some textual reading. An example is
> the Midrash Rabbah to Bereishit 25:22. On the verse describing Rivkah's
> pregnancy...

I share R Zev Sero's surprise that RYHH doesn't discuss medrashei halakhah,
and the whole concept of middos shehaTorah nidreshes bahen. It would seem that
RYHH defined derash as medrashei aggadah and the stories by which their truths
are conveyed.

As for the role of medrashei halakhah, I agree with RZS that:
> "Non-legal"?  AIUI, derash is the primary mode of halacha, and overrides
> peshat.

I would suggest the following.

Why do we have seifer Bereishis, Shemos up to "haChodesh haZeh", and all of
Nakh? Basically, for mussar reasons. Bereishis teaches biqur cholim, halvashas
arumim, halvayas hameis, etc... The stories of Tanakh give us examples to
follow and cautionary tales of what to avoid.

Efshar lomar this is a general rule WRT peshat in the pasuq even when
discussing din. For example, a number of rishonim on "ayin tachas ayin", that
the person deserves it being implemented literally, but since there is no way
to do it equitably (no two people's eyesight is of equal value), halakhah
settles for a fine. So, the peshat is the mussar shmuess.

Derash, as in my example, gives the din.

Usually, the two -- the values and the din -- coincide. But where they don't,
peshat of any pasuq in Tanakh seems to be about mussar, whereas derashos give
the implementation of those values as din.

Tir'u baTov!
-mi

-- 
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