Rights and purpose

AyinBase with R' Paltiel 4/21/10 Wednesday 7 Iyar 5770

Page 18 – about 9 lines from the top of the page. Line starts, “daas shlishi”.

See sidebar on the right hand side for copy of the text. 

We are bringing an illustration for the daas shlishi, that resolves the difference of opinions between the 2 judges.

The third way does not overpower the opposition, but rather both the judges are in true agreement and unity, within the daas hamachria.

There is an apparent question - “since we said the two judges were basing their position on personal recognition, that opposed each other, how can they agree to something that is opposite to their recognition?”

This is because the daas of the machriah, is on a level that is totally beyond theirs. The machriah approaches the matter totally differently. His relationship / cognizance is beyond daas. He grasps the matter as it is beyond daas.

Because we know the ultimate of knowledge is in that level that is not knowable.

In respect to this level the judges are nullified and united in the higher opinion.

What type of knowledge is this, where the level is in the unknowable? This can be illustrated by a halacha. There is a discussion of two gardens, one above another. Some kind of growth protrudes out from the wall between the two gardens. The roots are in the one garden and the plant is in the air space of the other garden. Who owns it? Then comes a conclusive answer, “as far as the hand of the higher gardener, is his, the rest is for the lower gardener.”

The third opinion is not based on land ownership. “what was given to you? Ultimately the land was given to you by Him. It is yours for the purpose of what you can gain, not for your option to destroy the plant. True you (both) have the right to uproot/destroy the plant, but there is a higher purpose here. This focus, on who will benefit (what is the plant given for), not the possibility of destruction is an element of lo-nodah (the unknowable). The case was initially approached from the perspective of ownership – since these are the facts on the ground, and the daas hamachria comes from the perspective of “who gives the land? What is the purpose here?”