Beyond the Daf - Hadran

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Din & Daf: Conceptual Analysis of Halakha Through Case Study

Who is a Shotah/Shoteh? Bava Kamma 88a

We frequently read of the categories of the חרש, שוטה וקטן, one who is both deaf and mute, one who is non compos mentis and one who is still a minor, none of whom are halakhically considered בני דעת. As such, their participation as halakhic actors is limited. In this session, we will examine specifically the category of שוטה.

⁠Source sheet⁠⁠

Dr. Elana Stein Hain – [email protected]

Din & Daf: Conceptual Analysis of Halakha Through Case Study

When Peshat and Derash Do Not Match - An Eye for an Eye “עין תחת עין” as Monetary Compensation - 

.בבא קמא פג:-פד 

A main feature of rabbinic literature is the interpretation of the Torah she-bichtav. What are we to make of rabbinic interpretation of pesukim that seem to conflict with the plain meaning of the pesukim themselves? We will use the case of עין תחת עין being understood as monetary compensation as our case study.

Printable source sheet⁠

Dr. Elana Stein Hain – [email protected]

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Getting someone else to do your dirty work אין שליח לדבר עבירה

Dr. Elana Stein Hain - [email protected]

source sheet

In halakhah, the excuse, “But she told me to do it!” or “But it was his idea!” does not pass muster. Only the person who committed the wrong gets punished, not the person who suggested the idea or even sent the other person to commit the wrong on their behalf! While it is perfectly sensible to punish the person who actually committed the act, should the person who suggested it, who told that person to do something wrong really be let off scot free?

Dr. Elana Stein Hain is the Rosh Beit Midrash and a senior research fellow at the Shalom Hartman Institute of North America. Passionate about bringing Torah into conversation with contemporary life, she teaches Talmud from the Balcony, an occasional learning seminar exposing the big ideas, questions, and issues motivating Talmudic discussions; she authored Circumventing the Law: Rabbinic Perspectives on Legal Loopholes and Integrity (pre-order discount code: PENN-ESHAIN30) which uses halakhic loopholes as a lens for understanding rabbinic views on law and ethics; and she co-hosts For Heaven’s Sake, a bi-weekly podcast with Donniel Hartman and Yossi Klein Halevi, exploring contemporary issues related to Israel and the Jewish world. In mid-January, Elana will be starting a new podcast called TEXTing, where she and guest scholars study Torah texts that engage issues of the moment for the Jewish world. She lives in Manhattan with her beloved family.

Do we trust people to do the right thing? The Case of ב”ק עא) מעשה שבת) 

Dr. Elana Stein Hain - [email protected]

Halakhah is a system designed for people to follow. And people are flawed!! We can be dishonest, self-serving, exploitative, etc. (How) should halakhic rulings try to correct for how people might exploit legal leniencies in dishonest ways? The case of ruling on whether an item changed/made by Shabbat violation may be used by Jews is one site where this question is addressed. We examine it in this brief shiur.

Should a transaction that has been coerced be considered valid by Jewish law? Should the law care about the internal feelings or misgivings of someone who is being forced into making a sale or giving a sacrifice or even giving a writ of divorce? Why or why not?

Bava Kamma 62

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Source Sheet

A Machshava shiur on Bava Kama 66

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Source Sheet

In each session, we will delve into conceptual explorations of halakhic phenomena. From examining the interplay between law and morality in חיוב בדיני שמים to evaluating the significance of subjective thought versus performance in halakhic transactions, or even understanding the transformation of products shaped by violating Shabbat, each discussion focuses on uncovering the legal reasoning behind these scenarios. Our aim isn't practical halakhic application; rather, it is to illuminate the intricate legal logic proposed in each case.

Dr. Elana Stein Hain is the Rosh Beit Midrash and a senior research fellow at the Shalom Hartman Institute of North America. Passionate about bringing Torah into conversation with contemporary life, she teaches Talmud from the Balcony, an occasional learning seminar exposing the big ideas, questions, and issues motivating talmudic discussions; she authored Circumventing the Law: Rabbinic Perspectives on Legal Loopholes and Integrity (pre-order discount code: PENN-ESHAIN30) which uses halakhic loopholes as a lens for understanding rabbinic views on law and ethics; and she co-hosts For Heaven’s Sake, a bi-weekly podcast with Donniel Hartman and Yossi Klein Halevi, exploring contemporary issues related to Israel and the Jewish world. In mid-January, Elana will be starting a new podcast called TEXTing, where she and guest scholars study Torah texts that engage issues of the moment for the Jewish world. She lives in Manhattan with her beloved family.

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Delving Into the Sugya with Rabbanit Yafit Clymer