[Avodah] Shinu Chakhamim Chiyuvo

[Micha Berger]

Back in Aug 13, 2002 <http://www.yerushalmionline.org/audio/172.mp3>
when RYGB was teaching Orlah 1:2 3b, he struggled with this explanation
for why orlah applied during the 14 years of Yehoshua's kibbush and
chiluq haaretz, but R' Yishma'el says that most of the mitzvos hateluyos
baaretz did not. The beraisa explains, that by orlah is says "bevo'akhem"
instead of the usual "ki savo'u". "Lefi shehinah hakasuv mashma'o,
shinu chakhamim chiyuvo" -- since the pasuq changes its language, the
chakhamim changed the chiyuv.

The difficult part is "the chakhamim changed the chiyuv", since the
chiyuv is deOraisa.

I could see this as support for the Rambam's shitah that derashos are
constructed according to the given rules, and thus are both rabbinic
inventions and yet also deOraisa.

However, when was this lemaaseh? For the first 14 years after they
crossed the yardein. A one time event. What is "shinah chakhamim"?
Who existed beforehand to pasqen differently?


Also interesting to note is that the gemara then asks on R' Yishma'el.
We have many cases where he makes a heqesh without quibbling about the
wording as long as the intent is the same. "Hi havayah hi haqamah",
"hi shevirah hi netitzah", "hi ge'ulah hi pediyah". So why here does
the change in conjugation matter, since the basic meaning is the same?
As the Y-mi often does, it moves on without having an answer.

I want to point this out, because it's the original meaning of "diberah
Torah belashon benei adam". Not the Rambam's usage about idioms in the
chumash (eg "Yad Hashem"). R' Yishma'el asserted that derashos must refer
to meanings, not wordings, since the wording is simply "lashon benei
adam". In contrast to R' Aqiva and his ribui umi'ut from appearance of the
word "es" or "akh" or "raq". To my mind this is the primary distinction
between R' Yishma'el's 13 middos shehaTorah nidreshes bahen, and R'
Aqiva's 19.

(And I want to point this out because I don't have a chavrusah to discuss
these things with. I'm learning Y-mi almost entirely during my commute,
barring yamim tovim and other long work-less stretches, with chazarah
using RYGB's MP3s. Be"H I should finish the entire seder Zera'im next month;
98% on "found time". It is no "qovei'ah itim letorah", but it's something.
Tangent: notice that use of the word "itim" for set times on the clock...)

Tir'u baTov!
-Micha

-- 
Micha Berger             "As long as the candle is still burning,
micha at aishdas.org        it is still possible to accomplish and to
http://www.aishdas.org   mend."
Fax: (270) 514-1507          - Anonymous shoemaker to R' Yisrael Salanter