09 Dec THE ABSENT-MINDED RABBIS

We tend to imagine the
great sages as flawless
in both halachic
mastery and personal
awareness. Generally,
this attitude has great
merit because these
sages rose to their
timeless prominence due not only to their
brilliance but also their sterling character and
attitudes. However, everyone has different
personalities and some people are more
observant and cognizant of their surroundings
than others. We find a number of times in the
Talmud that a rabbi who apparently acted
improperly said, “lav ada’atai, it was not on
my mind.” He hadn’t noticed the infraction.
I examine this with particular interest because
I can be quite absent-minded at times. I have,
on more than one occasion, walked into
walls. And quite frequently I fail to notice
the obvious or forget what I am doing. The
fact that great rabbis have suffered from this
gives me a little solace. Although, of course,
I strive to do better and pay more attention to
the present than to my thoughts. But before
we take this too far, let us examine the cases.
I. Missing Halachic Teachings
The first case in the Talmud is that of Mar
Bar Rav Ashi. Mar Zutra saw that Mar Bar
Rav Ashi had a Torah scroll in his bedroom
that had a partition of ten tefachim to separate

it from the beds. The partition maintains
the proper respect for the Torah scroll in a
marital bedroom. Mar Zutra said that Mar
Bar Rav Ashi must follow R. Yehoshua Ben
Levi, who said that you are allowed to keep
a Torah scroll in a marital bedroom if it is
separated by a partition but that only applies
if you have no other option. Mar Bar Rav
Ashi had another room in which to place the
Torah scroll. If so, how could he keep it in his
bedroom, even with a partition? Mar Bar Rav
Ashi answered, “lav ada’atai, it was not on
my mind,” i.e. it didn’t occur to me (Berachos
26a). Apparently, he was unaware of this
limitation. This is a lack of awareness of a
halachah (on the impossibility of knowing
everything, see the introduction to Responsa
Lev Avraham).
Similarly, Rav Pappa and Rav Huna the son
of Rav Yehoshua were prepared to permit
a widow with a newborn baby who hired a
wet nurse to remarry immediately and not
wait until the end of the nursing period.
Rav Pappi challenged them from a source
requiring women to wait at least three
months. They replied, “lav ada’atin, it was
not on our minds,” i.e. they were not aware of
this teaching (Kesubos 60b). It seems that, in
this case, they were saved before proceeding
based on their faulty understanding.
Unawareness happens to leniencies also. In
the old days when people had dirt floors, there

sometimes was a problem of dust rising into
the air. The solution was to sprinkle a little
water on the floor, which would bind the dust
to the floor and clear the air. However, on
Shabbos, you are not allowed to intentionally
sprinkle water on the floor. There is a loophole.
You are allowed to use water appropriately,
such as washing your hands, and do it in such
a way that water incidentally falls on the floor.
Mar Kashisha found Rav Ashi suffering from
dusty air on Shabbos. He asked Rav Ashi why
he didn’t wash his hands in one side of the
room, his face on another side of the room,
etc., in order to incidentally sprinkle water on
the floor. Rav Ashi replied, “lav ada’atai, it
was not on my mind,” i.e. it didn’t occur to
me (Shabbos 95a). Rashi (ad loc.) explains
that he believes Rav Ashi said that he forgot
that rule, but Rashi’s teachers said that Rav
Ashi disagreed with the leniency. According
to Rashi’s approach, Rav Ashi was not aware
of this leniency.
II. Missing Halachic Facts
There is a rule that an eruv in a normal
city that is not privately owned may not
encompass the entire city but rather must
exclude a portion of it. R. Zeira made an eruv
around an entire city and Abayei challenged
him for doing so. R. Zeira explained that the
city elders told him that in the past, Rav Chiya
Bar Assi had made an eruv around the city.
Therefore, R. Zeira did likewise, assuming
that it was a privately owned city which
became public and therefore is exempt from
this requirement. Abayei replied that the city
previously had a garbage dump blocking
one side of the public domain, allowing
greater leniency. The garbage dump had
been cleared, removing the leniency. R.
Zeira replied, “lav ada’atai, it was not on
my mind,” i.e. it didn’t occur to me (Eruvin
59b). R. Zeira knew the teaching but he was
not aware of the history which affects the
halachic application.
III. Unaware of Surroundings
Abayei once was riding a donkey along the
banks of a river. Some of his students were
sitting on the other side and did not stand up
out of respect for him. He called out to them,
“Aren’t I your rebbe?” They embarrassedly
replied, “lav ada’atin, it was not on our
minds” (Kiddushin 33a). Rashi (ad loc.)
explains that they did not remember to stand
up for him because they were busy. They
were distracted and didn’t notice.
In certain times and places where concern
for improper conduct with animals is real,
it is forbidden for an adult to be alone with
an animal. Rav Chanan once visited Rav
Kahana and found him learning alone in a
room with an animal standing next to him.
Rav Kahana replied, “lav ada’atai, it was
not on my mind,” i.e. he did not even realize
it (Kiddushin 81b). Similar to Abayei’s
students, Rav Kahana did not notice what
was going on.
Tanchum the son of R. Ami taught a law in
the town of Chatar. The people object that
his own rebbe was in the town and you
are not allowed to teach a practical law in

your mentor’s presence. Tanchum replied,
“lav ada’atai, it was not on my mind,” i.e.
he did not notice that his teacher was there
(Sanhedrin 5b).
Rav Ashi once sat with Mar Zutra when Rav
Ashi’s tefillin strap turned over so the black
side was facing inward rather than outward.
Mar Zutra asked why Rav Ashi was not
concerned about this. Rav Ashi replied, “lav
ada’atai, it was not on my mind,” i.e. he did
not notice (Menachos 35b).
R. Zeira and Rav Asi went to an inn and
were served shriveled eggs cooked in wine.
R. Zeira refused to eat it but Rav Asi did. R.
Zeira asked him why he wasn’t concerned
that the wine was demai (doubtfully tithed).
Rav Asi replied, “lav ada’atai, it was not
on my mind,” i.e. he didn’t think about the
possibility (Chullin 6a). This leads to an
important discussion about how Hashem
would not let a righteous person accidentally
eat forbidden food. R. Zeira researched the
subject and concluded that halachah would
have allowed that kind of mixture with wine.
IV. Accidental Sin
But what about the other cases? Do we not see
rabbis accidentally violating halachah? We
can answer that some cases refer to refraining
from fulfilling positive commandments rather
than violating prohibitions. That resolves
some but not all cases. Tosafos (Chullin 5b
s.v. tzadikim) adds other talmudic cases
of accidental sins. Yehudah Ben Tabbai
executed a single ed zomem (conspiring
witness), about which Shimon Ben Shetach
chastised him for shedding innocent blood
and he accepted the criticism (Makos 5b). R.
Yishmael read near a candle on Shabbos and
ended up tilting the candle, which is biblically
forbidden (Shabbos 12b). Ri (R. Yitzchak of
Dampierre) explains that this concept only
applies to forbidden food. G-d prevents the
righteous from accidentally eating forbidden
foods, which has a particularly negative
impact on the individual. Forbidden food is
absorbed directly into the body, creating a
spiritual damage that the Sages considered
categorically more severe than other
inadvertent prohibitions. It does not mean
that the righteous are protected from other
accidental sins.
Before we end, we should note what I consider
the classic case of aware absent-mindedness.
The Gemara (Berachos 44b) quotes different
opinions about whether to recite a blessing
after eating vegetables or drinking water.
Rav Ashi says: “At times when I remember,
I act in accordance with all the opinions.”
When he remembers, he is strict to recite a
blessing even after water. Indeed, today this is
the accepted practice, but Rav Ashi says that
he does this, which he considered above and
beyond, only when he remembers. Rav Ashi’s
candid admission captures the point: even the
greatest live with human forgetfulness.
Perhaps there is hope for absent-minded
people like us.