“And since they've shown us their work, we're able to say, ‘I'm not following the substantive rule in this case! I'm following the process rule – which says: How do I think about this new case?” - Dan Libenson

Welcome to The Oral Talmud, our weekly deep dive chevruta study partnership, discovering how voices of the Talmud from 1500 years ago can help us rethink Judaism today. 

This episode is dedicated to the memory and legacies of Ruth Bader Ginsberg & Breonna Taylor.

Dan & Benay pick up where we left off last week, in Nitza’s Attic, and the crucial decision that we should violate *almost* any Torah commandment to save a life or avoid being killed ourselves. This week we begin to explore the exceptions to this rule - but even more so, how those exceptions were narrowed, and the reason for showing the rationale the Talmud builds for narrowing these exceptions. We’ll continue the conversation next week!

What was Talmudic about Ruth Bader Ginsberg’s life and work? How can Talmud’s process help us understand systemic contexts that led to the unjust death of Breonna Taylor at police hands. How do uncover and generalize or re-apply Talmud values to today’s subjects which Talmud does not discuss word-for-word? What is the influential relationship between foundational laws like Torah and Constitution, Custom (minhag), and svara, our moral intuition? When we re-read Torah, how do we learn to recognize which teachings about the Torah we’ve forgotten are not in the original text? What gifts was the stamma (the editor of the Talmud) giving us in showing us the reasoning behind shifting laws and narrowing exceptions?

This week’s text: “Nitza’s Attic - The Exceptions” (Sanhedrin 74a - Part 2)

Find an edited transcript and full shownotes (references and further reading) on The Oral Talmud webpage for this episode! Access the Sefaria Source Sheet to explore key Talmud texts and find the original video of our discussion. The Oral Talmud is a co-production of Judaism Unbound and SVARA: A Traditionally Radical Yeshiva. If you’re enjoying this podcast, please help us keep both fabulous Jewish organizations going with a one-time or monthly tax-deductible donation at oraltalmud.com. You can find a donate button on the top right corner of the website.