Take One Daf Yomi Zevachim 103 and 104 - Absence as Proof?
Dec 26, 2025
Rabbi Dovid Bashevkin, an expert in Talmud and contemporary halachic application, dives into the intriguing debate of whether absence can serve as proof in halacha. He asserts that this age-old question resonates from the Temple era to modern dilemmas like machine-made matzah. Bashevkin dissects various perspectives, emphasizing how tradition can both guide and limit Jewish practice. His insights highlight that the lack of precedent may indicate unique circumstances rather than prohibitions, sparking a lively conversation on evolving interpretations of Jewish law.
AI Snips
Chapters
Transcript
Episode notes
Absence As Legal Evidence
- The Mishnah's dispute hinges on whether absence of prior practice counts as proof in halakha.
- Rabbi Dovid Bashevkin explains this turns on whether never-seeing implies prohibition or mere lack of precedent.
Lo Ra'inu Eno Raya Principle
- The principle 'lo ra'inu eno raya' limits using 'we never saw it' as proof.
- Rav Yosef Karo argues absence alone can’t establish prohibition without prior explicit rejection.
Customs Reflect Context, Not Law
- The same absence-as-proof issue appears at the start of Yoreh De'ah about women as shochtim.
- Historical gender roles influenced perceptions, so lack of examples reflected context not necessarily prohibition.