- Breira
"Breira" or "Bererah" (translation: "clarification" or "choice") 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.
Examples
Creating multiple "Eruvei Techumin" on Shabbat
Generally, an "
eruv techumin " (proxy dwelling that allows a person to walk farther than 2,000 amot outside his city of residence onShabbat ) 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 comingShabbat 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]Talmudic disputes over Breira's validity
Eruvin 36B
From Eruvin 36B-37A, it appears as though the
Tanna Rabbi Meir recognizes the existence of Breira as valid, whileRabbi Yosi andRabbi Shimon do not. WhetherRabbi Yehuda recognizes Breira is the subject of a Talmudic dispute.References
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