Mishnah Gittin

The rabbis’ ability and willingness to adjust laws that create hardship or other negative consequences are showcased in a series of mishnayot in m. Gittin 4 and 5. These chapters list ordinances that adjust the law to prevent abuses or suffering, to ensure social harmony and the public welfare, mipne tikkun ‘olam (lit., “for the repair of the world”). Hillel’s prosbul—a legal device that allowed circumvention of the biblically prescribed release of debts in the seventh year of the sabbatical cycle—is an explicit example of a rabbinic decree that is said to “uproot” a provision of biblical law in response to a perverse consequence of the law and in order to achieve a social good.

Engage with this Source

The rabbis’ ability and willingness to adjust laws that create hardship or other negative consequences are showcased in a series of mishnayot in m. Gittin 4 and 5. These chapters list ordinances that adjust the law to prevent abuses or suffering, to ensure social harmony and the public welfare, mipne tikkun ‘olam (lit., “for the repair of the world”). Hillel’s prosbul—a legal device that allowed circumvention of the biblically prescribed release of debts in the seventh year of the sabbatical cycle—is an explicit example of a rabbinic decree that is said to “uproot” a provision of biblical law in response to a perverse consequence of the law and in order to achieve a social good.

Read more

You may also like