Permitted Rulings

The Gemora (Daf Yomi: Gittin 41b) had stated, applying the classic principle that it is preferable to render a permissible ruling. Rashi in Beitzah (2b) explains that this means that something that is permitted indicates that the Tanna is relying on his knowledge of the subject matter, and is not afraid to rule leniently. One can be strict even if he is in doubt and it does not necessarily indicate the conclusiveness of the ruling.

Rashbam in Pesachim (102a) writes that if there is no compelling logic to rule stringently, then ruling leniently is not regarded as a more preferred option. Rather, it is the only option. The Rema in his responsa (§ 54) rules that one is not allowed to be stringent regarding an issue where there is no uncertainty.

Pischei Teshuvah (Yoreh Deah 116:10) cites a dispute amongst the Acharonim if one is permitted to be stringent for himself regarding a matter that has been permitted by the Torah, such as a prohibited matter that was nullified.

Bnei Yissachar writes that it is a mitzvah not to be stringent in such a situation.

The Tzlach writes that it is preferable to record the permitted ruling regarding a situation that may be subject to a Biblical prohibition, because if there would be uncertainty, we would be compelled to rule stringently. The Tanna would not be introducing a novel ruling if the ruling was that the matter is prohibited. Regarding a matter that may be subject to a Rabbinic prohibition, however, the reverse would be true. It is preferable to record the stringent ruling because if there would be uncertainty, we would rule leniently.

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Song by the Sea

The Gemora (Daf Yomi: Sotah 30b) cites a braisa: On that same day Rabbi Akiva expounded: At the time that the Jews ascended from the Sea, they desired to utter a song. And how did they recite the song? It was like an adult who reads the Hallel for a congregation and they respond after him with the chapter headings. (If one does not know how to recite Hallel by himself, it is preferable to have a male adult recite Hallel for him and he should respond after him the refrain of Hallelukah after the completion of every phrase.) Accordingly, Moshe said, “I will sing to Hashem,” and they responded, “I will sing to Hashem”; Moshe said, “For He is exalted above the arrogant,” and they responded, “I will sing to Hashem.” Rabbi Eliezer son of Rabbi Yosi HaGlili said: It was like a minor who reads the Hallel for a congregation and they repeat after him all that he says. Accordingly, Moshe said, “I will sing to Hashem,” and they responded, “I will sing to Hashem”; Moshe said: “For He is exalted above the arrogant,” and they responded, “For He is exalted above the arrogant.” Rabbi Nechemia said: It was like a schoolteacher who divides the Shema in the Synagogue, where he begins first and they respond after him.

The Maharsha explains the opinion of Rabbi Yosi HaGlili: Although Klal Yisroel would have discharged their obligation by merely saying the chapter headings, for who is greater than Moshe! If an adult recites it for them, they would certainly fulfill their obligation. Nevertheless, the reason they wanted to recite it themselves was because there was an element of publicizing the miracle, and that they wanted to actively participate in.

Reb Chatzkel Abramsky in the Chazon Yechezkel on the Tosefta explains differently. He says that when the listeners are not obligated in the recital, they can not be yotze with the recital of the leader. That would only be effective if they would be obligated to recite it as well. Klal Yisroel were not required to utter a song at that time, and therefore, when they did recite it, they sang it themselves.

Reb Dovid Goldberg asks: Why weren’t they obligated to praise and thank Hashem at that time? We have learned in Pesachim (117a) that the Chachamim said: The prophets among them instituted that Hallel should be recited for every season, on every special occasion and for every crisis that might come upon them, and when they are redeemed from it, they recite it over their redemption. If so, they certainly would be obligated to recite Hallel after being saved by the Sea!

He answers that it is evident from the Gemora in Pesachim that they did recite Hallel immediately after ascending from the Sea. Afterwards, they desired to recite even more, and that wasn’t an obligation.

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