“Jewish law works like any legal system that survives for a long period of time – and it does so by the same mechanisms. And those mechanisms are the human insight that is brought to bear to modify, qualify, limit, and expand the law as one receives it.” – 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. 

Last week, Dan & Benay began to learn how the Talmud questions and defends the principle of Pikuach Nefesh, the teaching that we can and should break Shabbat and, therefore, (almost) any commandment in order to save a life. This conversation does start by getting new listeners caught up, and the previous episode is available for going deeper. This week, we learn the final proof, which, like many episodes, inspires many connections to American law; this time we get into more of the meta on why we make these connections…

As the rabbis start to put together a new system, what are some of the values that they put at the center of that system? How do they make the transition from a previous system which may not have had those radical values to one that now does? How do they kind of maintain a sense of continuity through all that change? How can we learn from their techniques as we work to insert back into the tradition the missing innovations and values that are just as radical shifts to the tradition we’ve received as breaking Shabbat to save a life was for the Rabbis? How do we extend their work to save the lives of queer people too? How do we navigate and counter slippery slope arguments?  Where do we find svara in the American legal system? Why don’t we learn these techniques for change? Is it by design, fear, incompetence? What would it be like to teach the history and role of fixing the tradition? And finally, why does the Talmud give all these proofs and make the absurd claim that the final proof is one that can’t be refuted?

This week’s text: “Pikuach Nefesh” (Yoma 83a & 85a/b)

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.