“What you can't do is try to ratchet it backwards to the original law from the Torah. No, it does not have a special status because it was in the Torah. Once it's overruled, it's overruled. Period. End of story.” - 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. 

In this episode of Oral Talmud, Benay and Dan continue to discuss a text about divorce, and they uncover a radical rabbinic principle hiding in plain sight: once the sages change Torah to reduce suffering, you don’t get to roll it back. No nostalgia. No appeals to “original intent.” Just a one-way moral ratchet toward dignity, toward protection, toward repair.

This conversation traces a daring throughline: we don’t inherit justice, we practice it. If you’ve ever wondered whether religious tradition can evolve without losing its soul, this episode doesn’t hedge. It leans all the way in. This Talmudic text is an argument for moral courage: when tradition causes harm, repair isn’t optional. Moving from ancient divorce law to modern constitutional law, Dan and Benay ask, who gets to change the system, and what is the cost when nobody does? 

This week’s text: Gittin 33a

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.