Breira
Encyclopedia
Breira or Bererah is a doctrine in Talmud
ic law, and its validity is the subject of dispute among Talmudic authorities. According to the doctrine of breira, subsequent decisions can under certain circumstances be retroactively applied to change or clarify the nature and Jewish-law consequences of prior events. English law has the same concept, known as "relation back".
Talmudic authorities disputed whether the doctrine of breira is a valid Jewish-law doctrine, and they also disputed its applicability to various particular circumstances. Subsequent commentators continued to dispute the doctrine's scope.
The concept has most often been found to be relevant when it is legally significant that a decision be made regarding a circumstance within a specific time period. If intent regarding the decision was not established prior to the deadline, but actions or events that occur after the expiration of the time period clarify the circumstances, the doctrine of breira would allow one to proceed as though the decision had been made in a timely manner. It has typically found to be inapplicable when the time to make the decision is infinite or indefinite.
(proxy dwelling that allows a person to walk farther than 2,000 amot outside his city of residence on Shabbat
) must be established prior to twilight on Friday. Each person is ordinarily limited to one such eruv. However, under the doctrine of Breira, a persone who is unsure of the direction of travel during a coming Shabbat may set up two eruvin in opposite directions. The next day, when it becomes clear in which direction the individual needs to travel, he may travel in that direction using that eruv, invalidating the other eruv. Under the doctrine of Breira, the intent to travel in this direction applies retroactively.
recognizes the existence of Breira as valid, while Rabbi Yosi and Rabbi Shimon do not. Whether Rabbi Yehuda recognizes Breira is the subject of a Talmudic dispute.
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ic law, and its validity is the subject of dispute among Talmudic authorities. According to the doctrine of breira, subsequent decisions can under certain circumstances be retroactively applied to change or clarify the nature and Jewish-law consequences of prior events. English law has the same concept, known as "relation back".
Talmudic authorities disputed whether the doctrine of breira is a valid Jewish-law doctrine, and they also disputed its applicability to various particular circumstances. Subsequent commentators continued to dispute the doctrine's scope.
The concept has most often been found to be relevant when it is legally significant that a decision be made regarding a circumstance within a specific time period. If intent regarding the decision was not established prior to the deadline, but actions or events that occur after the expiration of the time period clarify the circumstances, the doctrine of breira would allow one to proceed as though the decision had been made in a timely manner. It has typically found to be inapplicable when the time to make the decision is infinite or indefinite.
Creating multiple Eruvei Techumin on Shabbat
Generally, an eruv techuminEruv techumin
An eruv techumin for traveling enables a Jew to travel on Shabbat or a Jewish holiday. He prepares a food prior to Shabbat or the holiday on which he plans to travel farther than is normally allowed on such days...
(proxy dwelling that allows a person to walk farther than 2,000 amot outside his city of residence on Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
) must be established prior to twilight on Friday. Each person is ordinarily limited to one such eruv. However, under the doctrine of Breira, a persone who is unsure of the direction of travel during a coming Shabbat may set up two eruvin in opposite directions. The next day, when it becomes clear in which direction the individual needs to travel, he may travel in that direction using that eruv, invalidating the other eruv. Under the doctrine of Breira, the intent to travel in this direction applies retroactively.
Eruvin 36B
From Eruvin 36B-37A, it appears as though the Tanna Rabbi MeirRabbi Meir
Rabbi Meir or Rabbi Meir Baal Hanes was a Jewish sage who lived in the time of the Mishna. He was considered one of the greatest of the Tannaim of the fourth generation . According to legend , his father was a descendant of the Roman Emperor Nero who had converted to Judaism. His wife Bruriah is...
recognizes the existence of Breira as valid, while Rabbi Yosi and Rabbi Shimon do not. Whether Rabbi Yehuda recognizes Breira is the subject of a Talmudic dispute.