Shev Shema'tata
Encyclopedia
Shev Shema'tata sometimes pronounced Shev Shmaytsa, is a work on Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

ic logic and methodology by R. Aryeh Leib HaCohen Heller
Aryeh Leib HaCohen Heller
Aryeh Leib Heller-Kahane was a Rabbi, Talmudist, and Halachist in Galicia. He was known as "the Ketzos" based on his greatest work, Ketzot Hachoshen, קצות החושן.-Biography:...

. The name of the book is Aramaic, and means "seven passages" .

It consists of seven sections, each with approximately 25 chapters, which explains intricate halakhic
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 topics including the validity of a single witness and the practical ramifications of a doubt. The reasoning process that Heller employs to analyse and resolve these very basic conflicts and contradictions in the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

 is considered the basis for the analytical method used in modern times in Talmudic study.

Although an early form of this work was initially presented by R. Heller when he was still a young man during his seven days of celebration after his wedding, it was actually one of his later publications and underwent significant editing by the author.

Introduction

R. Heller's introduction to this celebrated work explains his outlook on Judaism, and includes complex and profound biblical exegesis. His basic stance is a blend of Kabbalah
Kabbalah
Kabbalah/Kabala is a discipline and school of thought concerned with the esoteric aspect of Rabbinic Judaism. It was systematized in 11th-13th century Hachmei Provence and Spain, and again after the Expulsion from Spain, in 16th century Ottoman Palestine...

 and Italian Neoplatonism
Neoplatonism
Neoplatonism , is the modern term for a school of religious and mystical philosophy that took shape in the 3rd century AD, based on the teachings of Plato and earlier Platonists, with its earliest contributor believed to be Plotinus, and his teacher Ammonius Saccas...

, somewhat similar to that found in Isaiah Horowitz
Isaiah Horowitz
Isaiah Horowitz, , also known as the Shelah ha-Kadosh after the title of his best-known work, was a prominent Levite rabbi and mystic.-Biography:...

's Shene Luchot ha-Berit and the works of Moshe Chaim Luzzatto
Moshe Chaim Luzzatto
Moshe Chaim Luzzatto , also known by the Hebrew acronym RaMCHaL , was a prominent Italian Jewish rabbi, kabbalist, and philosopher.-Padua:Born in Padua at night, he received classical Jewish and Italian educations, showing a...

. The starting point is a doctrine of the Fall, according to which the effect of Adam's sin was a confusion between soul and body, causing the soul to become dependent on the gratification of the body's desires. The correct relationship is one in which the body is simply an instrument for the soul, and the purpose of religious endeavour is to restore this position. Through analysis of a series of Biblical
Tanakh
The Tanakh is a name used in Judaism for the canon of the Hebrew Bible. The Tanakh is also known as the Masoretic Text or the Miqra. The name is an acronym formed from the initial Hebrew letters of the Masoretic Text's three traditional subdivisions: The Torah , Nevi'im and Ketuvim —hence...

 incidents, he illustrates his contention that there would be no value in an understanding and observance of Torah that was ready-made and which one had no choice but to follow. Rather, just as practical halachah
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 is a code which one strives to follow using one's free will, so the intellectual content of Torah is presented in a cryptic and open-ended form the value of which depends on one's struggle to understand it. Talmudic analysis is accordingly the highest form of religious endeavour, and the purpose of the book is to furnish the tools for this activity.

The Shema'tata

The overall subject of the book is the way in which Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 addresses doubts, either as to the facts or as to the applicable law. The Talmud provides a series of presumptions, in favour of strictness or leniency depending on the circumstances. One series of questions concern the way in which these presumptions interact. Another is the more fundamental question of how presumptions work. That is, does a presumption have the effect of assimilating the doubtful cases to the certain cases in all respects, or are doubtful cases a third category with its own special laws, alongside the certainly included and the certainly excluded?

Although each section focuses on a specific Halachic principle, invariably other principles are brought up and discussed. These principles involve focal points that have applications throughout the entire Rabbinical corpus. Heller's method is to test each principle against a variety of Talmudic passages. If the concept would cause a difficulty in the passage (e.g. the concept should apply and doesn't), Heller resolves the difficult by demonstrating that for whatever reason this passage doesn't fit underneath the rubric of that particular concept (see Casuistry
Casuistry
In applied ethics, casuistry is case-based reasoning. Casuistry is used in juridical and ethical discussions of law and ethics, and often is a critique of principle- or rule-based reasoning...

). In this way the exact boundaries of each principle are clearly defined, thus clarifying the exact applications of each principle.

Section One

The first section analyses whether the concept of "A doubt in a biblical issue is dealt with stringently" is actually a biblical concept itself or whether it is entirely of Rabbinic origin. This section continues into a discussion of the principles that, if there is a doubt concerning a case of spiritual impurity, if this occurred in the public domain we rule leniently and in the private domain stringently (Sotah 28b). Finally, the ruling that in a case of Sefek Sefeika - a case of doubt in which one side of the question is itself subject to doubt - we rule leniently is explained. The reason is that since most sides of this question lean to the lenient side, the principle of Rov - that we follow the majority - is called in and we rule leniently.

Section Two

The second section analyses the presumption of chazakah. Chazakah is the presumption that in case of doubt one may assume that the physical or legal status of the object (or person) in question remains constant. At this point the focus is on Chezkat Ha'Guf - that the physical status of the object remains unchanged - and Chezkat Mammon - that we assume that an object belongs to its current possessor unless otherwise proven. The relative strengths of these two Chazakot are compared and contrasted. Also the importance of the strength of each parties claim is analysed - in a case where one party is doubtful of his claim then a chazakah may not decide the case.

Section Three

The third section builds on the previous section. The focal passage here is Niddah 2b - this discusses a case in which we were certain about the status of an object (in that passage a ritual bath) on day one and again on day seven but we are unsure about the time in between (days 2-6). The question is whether the certainty on day one is of primary importance in deciding the status of the next few days (Chazakah D' Me'ikara) or the certainty of day seven is more important (Chazaka D' Hashta). Heller points out (based on various Talmudic passages) that if the object is likely to change (in his example a girl who is likely to mature) then the Chazakah D'Hashta takes precedence.

Section Four

Section Four discusses the principle (Bava Batra 23b) that in case of a conflict between the principle that we follow the majority (Rov) and the presumption that if an object is found near a certain place we can assume the object originated in that place (Karov) the law of Rov has decisive power. It further discusses the power of Rov in regards to monetary cases and the power of Rov to take an object away from its present possessor.

Section Five

Section Five involves a disagreement among the Rishonim
Rishonim
"Rishon" redirects here. For the preon model in particle physics, see Harari Rishon Model. For the Israeli town, see Rishon LeZion.Rishonim were the leading Rabbis and Poskim who lived approximately during the 11th to 15th centuries, in the era before the writing of the Shulkhan Arukh and...

. This refers to case wherein a person or object is under the influence of a specific type of spiritual impurity or halachic prohibition. The subject then becomes involved with something that leaves it under a doubt of a different type of prohibition or impurity and then becomes cleared of the original impurity. The question is whether the Chazakah of the first impurity holds good to decide his status in reference to the second impurity.

Section Six

This section compares the power of a single witness (that is believed for prohibitions and to require an oath) and the power of Chazakah. The status of two sets of witnesses contradicting each other is also discussed.

Section Seven

Section Seven discusses the Halachic concept that an ordinarily unfit witness (e.g. a child) is believed if in the middle of an ordinary conversation he mentions something in passing. The belief of certain people who state that they recognize a specific object or person without mentioning specific identifying charasteristics is also elaborated.

Influence

Rabbi Aryeh Leib HaCohen Heller
Aryeh Leib HaCohen Heller
Aryeh Leib Heller-Kahane was a Rabbi, Talmudist, and Halachist in Galicia. He was known as "the Ketzos" based on his greatest work, Ketzot Hachoshen, קצות החושן.-Biography:...

's approach was influential in the nineteenth century Lithuanian
Lithuanian Jews
Lithuanian Jews or Litvaks are Jews with roots in the Grand Duchy of Lithuania:...

 school
Brisk yeshivas and methods
The Soloveitchik dynasty of rabbinic scholars and their students originated the Brisker method of Talmudic study, which is embraced by their followers in the Brisk yeshivas. It is so called because of the Soloveitchiks' origin in the town of Brisk, or Brest-Litovsk, located in what is now Belarus...

, and Shimon Shkop
Shimon Shkop
Shimon Yehuda Hakohen Shkop was a rosh yeshiva in the Yeshiva Shaar Hatorah and in the Telshe yeshiva and a renowned Talmudic scholar. He was born in Torez in 1860. At the age of twelve he went to study in the Mir yeshiva, and at fifteen he went to Volozhin yeshiva where he studied six years...

's work Sha'are Yosher is widely regarded as based on the earlier work.

Parallels in other religions

Rabbi Aryeh Leib HaCohen Heller's analysis of doubts and presumptions bears a distinct resemblance to the analysis of probability in Shi'a Islamic law
Ja'fari jurisprudence
Jaʿfarī school of thought, Ja`farite School, Jaʿfarī jurisprudence or Jaʿfarī Fiqh is the school of jurisprudence of most Shi'a Muslims, derived from the name of Jaʿfar as-Ṣādiq, the 6th Shi'a Imam...

, as developed by Muhammad Baqir Behbahani
Muhammad Baqir Behbahani
Muhammad Baqir ibn Muhammad Akmal al-Wahid Bihbahani, also Vahid Behbahani , was a Twelver Shia Islamic scholar. He is widely regarded as the founder or restorer of the Usuli school of Twelver Shi'a Islam and as playing a vital role in narrowing the field of orthodoxy in Twelver Shi'a Islam by...

 and refined by Shaykh Murtada al-Ansari. In cases where the primary sources cannot yield an unequivocal principled answer, there are still presumptions, sufficient in ordinary life, for deciding on the better view. For example, where there is doubt whether a given situation (such as ritual purity) exists but it has certainly existed in the past, one can rely on a presumption that it is more likely to have continued the same than to have changed (cf. chezkat haguf).

In Roman Catholic moral theology, a distinction is recognised between "direct principles" and "reflex principles". Reflex principles are presumptions to be applied in cases of doubt, such as the rule that where the moral right to something is unclear one favours the person in possession (cf. chezkat mamon). (See Catholic Probabilism
Catholic Probabilism
In Catholic moral theology, probabilism provides a way of answering the question about what to do when one does not know what to do. Probabilism proposes that one can follow a probable opinion regarding whether an act may be performed morally, even though the opposite opinion is more probable...

.) Such principles are widely found in Western legal systems.
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