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Majority
Halakhic Principles
Sources
A
The Gemara questions the statement of Rabbi Ami:
And do we require two majorities
to overcome the minority?
Isn’t it taught
in a
baraita
: With regard to
nine stores
in a city,
all of which sell
kosher
meat
from
a slaughtered
animal,
and one
other store that
sells meat
from unslaughtered
animal carcasses, and
a person
bought
meat
from one of
the stores
and he does not know from which
store
he bought
the meat, in this case of
uncertainty,
the meat
is prohibited…
Ketubot 15a:7
And from where
is it derived
to bring three more
judges to the court?
From the implication of that
which
is stated: “You shall not follow a multitude to convict”
(Exodus 23:2),
I
would
derive that
I may not convict a person on the basis of a majority but
I should follow
the majority
to exonerate. If so, why is it stated
in the same verse:
“To incline after a multitude,”
from which it can be understood that the majority is followed in all cases? In order to resolve the apparent contradiction it must be explained:
Your…
Sanhedrin 2a:16
[The following rule applies when there are] ten stores, nine sell kosher meat and one sells
nevelot
. If one purchased meat from one of these stores and did not know which one he purchased from, [the meat] is forbidden. [The rationale is that] whenever [the presence of a forbidden entity] is firmly established, the situation is considered as half and half.
If, however, meat is found cast away in the street, [it is judged] according to the majority. For [we follow the assumption:] Anything that was separated, separated from the majority…
Mishneh Torah, Forbidden Foods 8:11
When a court reaches a split decision - some say that the defendant is not liable, and others say that he is liable, we follow the majority. This is a positive mitzvah of Scriptural origin, as Exodus 23:2 states: "Follow after the inclination of the majority."
When does the above apply? With regard to financial matters and with regard to laws involving questions of what is forbidden and what is permitted, what is impure and what is pure and the like. With regard to capital cases, different laws apply if there is a difference of opinion whether the transgressor should be executed or not…
Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 8:1
GEMARA:
Rabbi Ḥanina says:
When resolving an uncertainty with regard to the halakhic status of an item, e.g., a found item, if the status of the
majority
of like items indicates that it has one status
but
the item in question is
proximate
to a source that indicates otherwise, one
follows the majority. And even though
the
halakha
of
majority
applies
by Torah law and
the
halakha
of proximity
also applies
by Torah law, even so the majority is preferable.
Bava Batra 23b:2
Ravina says: You
may
even say
that Rabbi Yishmael holds in accordance with the opinion of
the Rabbis. When the Rabbis follow the majority,
it is
with regard to a majority that is not dependent upon an action
but is simply the nature of reality.
But
in the case of
a majority that is dependent upon an action,
such as the pregnancy of a young goat, which depends upon whether or not it had copulated with a male, the Rabbis do
not
follow the majority.
Bekhorot 20a:2
The Sages taught
in a
baraita
:
If one was walking outside the city, saw fire
there, and wanted to recite the blessing over it as part of
havdala
,
if
the city has a
majority of gentiles he may not recite the blessing
over the fire, but
if
the city has a
majority of Jews, he may recite the blessing.
Berakhot 53a:8
The Gemara suggests:
Let us say that
this mishna
supports Rabbi Ḥanina, as Rabbi Ḥanina said:
When resolving an uncertainty with regard to the identity of an item, if the
majority
indicates one ruling but the item in question is
proximate
to a source that indicates otherwise, one
follows the majority.
In this case, the majority of fledglings are prohibited, as they were not designated for use on the Festival. Consequently, the found fledglings are prohibited, despite the fact that the nearest fledglings are the designated ones.
Beitzah 10b:5
The Gemara clarifies the novel element of the mishna’s ruling.
Lest you say: Since most thieves [
listim
] are Jews, who would not treat
phylacteries
with contempt,
one should not be allowed to carry them because there is no danger that they will be desecrated if they are left in their place, the mishna
teaches us
that the
halakha
takes the minority of cases into account. It is therefore appropriate to don the phylacteries and bring them into the city.
Beitzah 15a:14
And if it enters your mind
that
we do not say
that one
follows the majority
in cases of capital law,
let us
then
say
that
these
witnesses
are testifying with precision, and
that
they contradict each other,
and therefore the accused should be acquitted.
Rather, is it not because we say
that one
follows the majority, and the majority of people are apt to err with regard to the addition
of an extra day
to the month?
Sanhedrin 69a:14
the mishna
teaches us that
the court
does not follow the majority with regard to monetary matters,
and in cases of uncertainty the burden of proof rests upon the claimant.
Bava Kamma 27b:1
It was taught in the mishna:
She shall not marry
any other man
and shall not enter into levirate marriage
until she knows whether her rival wife is pregnant. The Gemara asks:
Granted,
she may
not enter into levirate marriage, because perhaps
her rival wife
is pregnant, and
if so, this widow
would encounter the Torah
prohibition proscribing
a brother’s wife.
If a child is born to her late husband, levirate marriage is not required and she is prohibited from marrying her brother-in-law…
Yevamot 119a:4-8
§ The mishna teaches: If one cut
half of one
siman
in a bird
or one and a half
simanim
in an animal, his slaughter is not valid.
It was stated
that there is an amoraic dispute.
Rav said:
The halakhic status of a
siman
of which precisely
half
was cut and
half
remained uncut
is like
that of a
siman
of which the
majority
was cut.
Rav Kahana said:
The halakhic status of a
siman
of which precisely
half
was cut and
half
remained uncut
is not like
that of a
siman
of which the…
Chullin 28b:12-13
§ The Gemara resumes discussion of the inference that it drew at the outset with regard to witnesses that the bride was a virgin.
And since
the Gemara established earlier that the woman’s claim is supported by the fact
that most women are married
as
virgins, if witnesses did not come, what of it?
That majority should be sufficient to establish that she married as a virgin.
Ravina said:
It is
because there is
room
to say
that although
most women are married
as
virgins and a minority
of women marry as
widows
or non-virgins…
Ketubot 16a:14-16b:1
The Gemara asks:
And did Shmuel say that? But didn’t Rav Yosef say
that
Rav Yehuda said
that
Shmuel said: One does not follow the majority in matters
involving
saving a life?
Even if there is the slightest concern that the life of a Jew may be in danger, one takes all steps necessary to save him, even on Shabbat.
Rather, when the statement of Shmuel was stated
with regard to saving a life
it was stated concerning the first clause
of the mishna:
If
there is a
majority of gentiles
in the city the baby is deemed
a gentile…
Ketubot 15b:6
MISHNA:
In the case of
one who slaughters
by cutting
one
siman
, i.e., the windpipe or the gullet,
in a bird, and two
simanim
in an animal, his slaughter is valid, and
the halakhic status of
the majority of one
siman
is like
that of the entire
siman
.
Rabbi Yehuda says:
The slaughter is not valid
until he cuts the veins [
haveridin
],
i.e., the major blood vessels in the neck. If one cut
half of one
siman
in a bird or one and a half
simanim
in an animal…
Chullin 27a:1
New paragraph. Abba Orion from Sidon says in the name of Abba Shaul: Most donkey drivers are wicked, most camel drivers are in order, most sailors are pious, most bastards are intelligent, most slaves are beautiful, most children of reputed parents are bashful, most sons look like their mother’s brothers. The qualified physicians go to hell, the qualified among the butchers is an associate of Amaleq. Rebbi Simeon ben Ioḥai stated: Kill the best of Gentiles, smash the head of the best of snakes; the best qualified among women is a sorceress. Blessed is he who does the will of the Omnipresent.
Jerusalem Talmud Kiddushin 4:11:7
The Gemara answers: Rabba’s concern is not equivalent to a case of uncertainty, as
most
Jewish people
are experts
in the requirement that a bill of divorce must be written for the woman’s sake.
And
this is so
even according to
the opinion of
Rabbi Meir, who is
generally
concerned about a minority
in a matter of forbidden sexual relations. In this case Rabbi Meir concedes that one need not be concerned for the minority, as
ordinary judicial scribes,
who write bills of divorce,
are learned
in this
halakha
…
Gittin 2b:8
§ After discussing the role of presumptive status in determining
halakha
, the Gemara discusses the role of the majority.
From where is this matter that the Sages stated: Follow the majority,
derived? The Gemara is surprised at the question:
From where do we
derive it? Obviously, it is derived from a verse,
as it is written
explicitly:
“After the majority to incline”
(Exodus 23:2). The Gemara explains: With regard to
a majority that is
quantifiable
before us, for example,
in the case of a piece of meat that was found on the street before ten shops…
Chullin 11a:2-6
Rather,
it is referring to a case where
there are nine gentiles and one Jew.
However,
this too
is
obvious.
One saves the trapped individual because the group is in a
fixed
location,
and
there is a principle that
whenever
a group is in
a fixed
location
it is considered
as though it were evenly divided. In this case, despite the fact that the group’s majority is gentile, it is considered as though it were composed
half
of Jews and
half
of gentiles…
Yoma 84b:13-85a:1
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