Talmud Bavli
Talmud Bavli

Musar for Chullin 181:23

רבי יעקב אומר

it follows therefore that he was certain about it.<span class="x" onmousemove="('comment',' For if R. Judah were in doubt as to which was the prohibited thigh the punishment of stripes could not be inflicted at all.');"><sup>14</sup></span>

Shenei Luchot HaBerit

We are taught in Chulin 91a that the choice of that word, i.e. אבק, dust, indicates that the dust stirred up during this struggle rose all the way to the throne of Glory -which is not complete, as we shall set out to show. The meaning of the word "he touched," is similar to the English "he touched a sore point." Samael had found something in Jacob's lifestyle which he thought he could turn into an accusation against him. This was the fact that Jacob had married two sisters while both were alive. He should not have done so, since the patriarchs had accepted for themselves the laws of the Torah which had not yet been officially formulated. Nachmanides writes about this at length in his commentary on Genesis 26, 5 where the Torah credits Abraham with having observed all of G–d's statutes. According to Nachmanides the patriarchs assumed this obligation as valid only while they resided in the land of Israel; the word מפשט used in the verse is by definition legislation that varies from country to country. G–d's משפטים apply only in G–d's country, ארץ ישראל. When Jacob married two sisters he did not live in the land of Israel. Samael's accusation was by necessity based on the yardsticks that Jacob claimed to live by. He argued that a man of Jacob's stature whose features were engraved on G–d's throne should not have taken advantage of the fact that technically he was allowed to marry two sisters, for did he not carry the atmosphere of ארץ ישראל with him wherever he went? We are familiar with such expressions as אבק רבית, something not actually an interest payment but nonetheless giving the impression that someone rendered a service for free which would have been charged for had the recipient of the service not been a lender to the person rendering the service. We have a similar expression when dealing with the laws of לשון הרע, evil gossip. The Tosephta Avodah Zarah 1, 10 describes four areas in which the term אבק is used halachically. All of them are not transgressions that are dealt with by the Courts, but are matters of individual piety. When the Talmud described the "dust" of the struggle between Jacob and the guardian angel of Esau as having risen to the throne of G–d, what is meant is that the issue was such a paralegal impropriety committed by Jacob as marrying two sisters outside the boundaries of ארץ ישראל.
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