Parshios Tazria & Metzorah
Valid Presumptions
All halacha, or for that matter all systems of law in the world, is based
on the concept of reasonable presumptions. In Jewish law this is called
the concept of chazaka – the presumption that what was, still is. Thus
halacha presumes that a husband to still alive even if he has somehow
disappeared from sight. It presumes that things found in a certain place
were at that place before and were not dragged there. It presumes that if
there are no known faults in a person’s pedigree then that person’s
pedigree is deemed to be faultless. There are many other examples of how
chazaka works as an operating principle in Jewish law. In fact, the Talmud
exclaims: “gedolah chazaka” – chazaka is a great and overriding principle
of law. The basis for this halachic reliance on chazaka is found in this
week’s Torah reading.
One of the negaim described in this week’s Torah reading is a type of nega
that infects one’s house. The kohein that inspects the house to determine
if the nega has spread has to decide the issue upon the inspection of the
premises. The Talmud asks that perhaps the nega spread or shrunk in the
few seconds that it took the kohein to leave the house, for only then is
he to render his opinion regarding the nega. Thus, any decision that he
may make regarding the impurity or purity of the nega is not really
provable in fact. The Talmud therefore resorts to the idea of chazaka –
the presumption that whatever size the nega was an instant ago when the
kohein inspected it is still the same size when he departs from the house.
Presumptions in life are valid. People are judged on their past behavior,
on family history, on pedigree and on past experiences. It is foolish to
ignore presumptions that are based on legitimate grounds. One cannot
ignore the realities that stare one in the face even if those realities do
not conform to one’s ideology or wishful view of life. This applies in all
areas of personal and national life. One cannot presume that one’s child
will turn out all right if he or she is not given the basis of a strong
Torah education. There is a chazaka that speaks against such wishful
thinking.
One cannot wish one’s enemies away and become convinced that the tiger is
no longer carnivorous. But the main lesson of chazaka is to be aware that
human nature does not easily change and that what was is most likely what
will be now as well. The lessons of Jewish history, of what works and what
fails, form a strong presumption - gedolah chazaka. All of the “newness”
of ideas in today’s Jewish society has, in reality, existed before and
failed to contribute to Jewish continuity and national strength and
security. The past is a hard taskmaster and a coercive instructor with
regard to current choices and where decisions are concerned. Ignoring the
past and its chazaka is a perilous course, one that certainly should be
avoided at all costs.
Shabat shalom.
Rabbi Berel Wein
Text Copyright © 2006 by Rabbi Berel Wein and Torah.org
Visit www.rabbiwein.com for a complete selection of Rabbi Wein's books and tapes.
