In today’s daf, there is a discussion about grapes that have ripened to the point that they are ready to be harvested, and whether they count as attached or detached. In Halacha, there are a series of loosely related concepts that have this idea in common. The one most repeated in the Talmud is kol harauy lebilah, which originates with a volume of flour that is not too large to practically prevent oil from being mixed in (60 Sa’ah). Even if the oil isn’t actually mixed with the flour, the mincha offering is kosher because potentially it could be mixed (Menachos 103b). This is applied to many halachic situations where a certain criterion is not actually met but is ritually fit so long as it could be met. Similarly, hair or wool that is designated to be cut might be considered cut (Nazir 51a), and something that is designated to be redeemed might have the status of a redeemed object (Bava Kamma 77b).
What does this say about the relationship between halacha and reality? It would seem that while halacha is concerned with truth and facts, because no serious endeavor in this world can be grounded in something insubstantial, it is also informed by other considerations. It should not come as a surprise when we consider that halacha is not merely a legal code but also a response to a divine prompting and will. God is not physical, and His concerns are intellectual and emotional, not just material. Therefore, the nature of a commandment or prohibition is subject to perception and potential as much as reality.
A similar idea allows us to understand the logic behind the Rambam’s famous ruling that a doubt regarding a biblical prohibition is not really prohibited—you don’t have to play it safe. It is only a rabbinic ruling that requires one to be stringent when in doubt (Tumas Meis 9:12). How does this make sense? If we look at the commandments and prohibitions as a divine directive, and not something intrinsically good or bad, then it really isn’t disobedience to violate an unsubstantiated prohibition. It’s like it’s only speeding if there’s a sign up that says the speed limit. Similarly, there is a dictum, “A judge can only rule based on what his eyes can see” (Sanhedrin 6b), which is used throughout halacha to place realistic limits on how much a judge is required to investigate or speculate when current evidence points in a particular direction.
Of course, spiritually and emotionally, we should take comfort that, in God’s eyes, what we can potentially become might be how we are seen.
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation
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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, LMFT, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com