Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend

Parshios Tazria & Metzorah

Valid Presumptions

All halacha, or for that matter all systems of law in the world, is based on the concept of reasonable presumptions. In Jewish law this is called the concept of chazaka – the presumption that what was, still is. Thus halacha presumes that a husband to still alive even if he has somehow disappeared from sight. It presumes that things found in a certain place were at that place before and were not dragged there. It presumes that if there are no known faults in a person’s pedigree then that person’s pedigree is deemed to be faultless. There are many other examples of how chazaka works as an operating principle in Jewish law. In fact, the Talmud exclaims: “gedolah chazaka” – chazaka is a great and overriding principle of law. The basis for this halachic reliance on chazaka is found in this week’s Torah reading.

One of the negaim described in this week’s Torah reading is a type of nega that infects one’s house. The kohein that inspects the house to determine if the nega has spread has to decide the issue upon the inspection of the premises. The Talmud asks that perhaps the nega spread or shrunk in the few seconds that it took the kohein to leave the house, for only then is he to render his opinion regarding the nega. Thus, any decision that he may make regarding the impurity or purity of the nega is not really provable in fact. The Talmud therefore resorts to the idea of chazaka – the presumption that whatever size the nega was an instant ago when the kohein inspected it is still the same size when he departs from the house.

Presumptions in life are valid. People are judged on their past behavior, on family history, on pedigree and on past experiences. It is foolish to ignore presumptions that are based on legitimate grounds. One cannot ignore the realities that stare one in the face even if those realities do not conform to one’s ideology or wishful view of life. This applies in all areas of personal and national life. One cannot presume that one’s child will turn out all right if he or she is not given the basis of a strong Torah education. There is a chazaka that speaks against such wishful thinking.

One cannot wish one’s enemies away and become convinced that the tiger is no longer carnivorous. But the main lesson of chazaka is to be aware that human nature does not easily change and that what was is most likely what will be now as well. The lessons of Jewish history, of what works and what fails, form a strong presumption - gedolah chazaka. All of the “newness” of ideas in today’s Jewish society has, in reality, existed before and failed to contribute to Jewish continuity and national strength and security. The past is a hard taskmaster and a coercive instructor with regard to current choices and where decisions are concerned. Ignoring the past and its chazaka is a perilous course, one that certainly should be avoided at all costs.

Shabat shalom.

Rabbi Berel Wein


Text Copyright © 2006 by Rabbi Berel Wein and Torah.org


 






ARTICLES ON KI SEITZEI AND ELUL / ROSH HASHANAH:

View Complete List

The Meaning of Life
Rabbi Yehudah Prero - 5770

Of Fashions and Foods
Rabbi Yehudah Prero - 5759

Zero Tolerance
Rabbi Raymond Beyda - 5763

> And Straight Again!
Rabbi Label Lam - 5766

Don't Forget to Say Thank You
Rabbi Pinchas Avruch - 5762

Giving in to the Dictates of One's Heart
Rabbi Yissocher Frand - 5759

ArtScroll

Tapping Into Our Meritorious Pedigree
Rabbi Naphtali Hoff - 5768

The Healer Is On-Call
Rabbi Yochanan Zweig - 5773

Dead Man Falling
Rabbi Mordechai Kamenetzky - 5759

Looking for a Chavrusah?

Is Mankind Strong Enough?
Rabbi Pinchas Winston - 5771

Sound of the Unheard Shofar
Rabbi Eliyahu Hoffmann - 5764

Leave it Up to the King
Rabbi Eliyahu Hoffmann - 5764

Frumster - Orthodox Jewish Dating

An Opportunity Not To Be Missed
Rabbi Yehudah Prero - 5758

Self Cancellation
Rabbi Pinchas Winston - 5763

The Sounds of the Shofar
Rabbi Yehudah Prero - 5757

Yehi Ratzon - Text and Instructions
Rabbi Yehudah Prero - 5760



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information