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

In cases of uncertainty, Jewish law generally follows the majority. This is the case where there is a concrete majority before us (רובא דאיתא קמן), such as a majority of judges who rule one. It is also the case where a statistical majority (רובא דליתא קמן) creates a legal presumption, such as the legal assumption that a married pregnant woman has conceived via her husband rather than someone else. In such cases, the law asserts that רוב בעילות אחר הבעל - the statistical majority of sexual unions of a married woman is with her husband. This is a reasonable way of resolving uncertainty. However, Avodah Zarah 34b and 40b introduce the surprising approach of Rabbi Meir who is not content to follow the majority when it comes to statistical realities. He believes that halakha should account for statistical minorities as well. For instance, even if most people one do/become/experience X, some people do/become/experience Y. And that minority experience should impact our halakhic decisionmaking!

What is the logic behind this approach? Is he simply being strict? Is there something else behind this? Moreover, what are the parameters of an approach like this? How minor is too minor?

Avodah Zarah 34b, 40b

Dr. Elana Stein Hain – [email protected]

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