“As almost always, there's a wink in this text. And the question is: has that wink been successful? Or have we lost track of the wink and opened ourselves up to the misinterpretation of this radical approach, for an originalist approach?” - Benay Lappe

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 week Dan & Benay continue to build on the discussion of Pikuach Nefesh – how the Rabbis established and expressed their fundamental value that one should put the preservation of life before almost any Torah law. We bring in a core text in the SVARA yeshiva which explores the case of a person who is sick and needs to eat on Yom Kippur, instead of fasting. The interplay between Torah, Mishnah, and Gemara are fabulous illustrations of their differing agendas, the rules of Talmudic debate, and a timely gateway into discussions of originalism in legal interpretation. 

Is there a time for originalist readings, whether it be the American Constitution or foundations of Halakha? What is the job of law? Is it to define the only rights that we have? Or to assume we have a complete freedom unless otherwise limited? Reading Rashi’s commentary, what guesses can we make about where the debate developed in his time by noticing what he adds to the conversation? What are the implications of using a verse from Proverbs as a proof text?

This week’s text: “Lev Yodea Marat Nafsho” (Yoma 82a & 83a)

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.