Recently was asked whether aside from Rabbinic lashes there are consequences for violating or ignoring Rabbinic halacha. For example not keeping the 2nd day of Rosh HaShanna or a gambler serving as a judge or witness
Sunday, September 19, 2021
Subscribe to:
Post Comments
(
Atom
)
https://korenpub.com/products/the-oral-law
ReplyDeletethere are a few ways of looking at it -
ReplyDeleteDayan Berkovits ztl once gave a talk on the subject, and his opening question was whether D'Rabbanan is d'rabbanan? Or is it D'oraita?
And what sources make which claims? there is a difference between the Rambam and the RambaN. in fact there are differences even within the RambaM. Lo Tasur - what does it refer to? The Torah itself is only speaking of when you have a question you cannot resolve.
And what are the consequences in the next world? Eruvin 21b? says there are severe consequences, but Yerushalmi says that what the Torah commands is strict enough, we shouldn't add to it.
There was also a talk on this subject by Rabbi Tatz, who pointed out an ineresting anomaly - if there are more issurim which are d'rabbanan, then we are at risk of doing more aveiros than if we had only Torah law- why would Hashem want us to be at greater risk of being sinners?
ReplyDeleteAlso, form my point of view, how many of the rabbinic laws are fences, as opposed to independent halachot? yom tov sheini is a fence due to uncertainty of the correct date; muktzeh is a fence to prevent us from using the object on shabbat. Are there stand alone mitsvot or issurim, which are not fences? Perhaps purim, chanukah,? Perhaps rabbinic brachos, eg shehakol .
Scientifically, one can argue against rabbinic law , in a way similar to karaites, reform, cosnervatives etc. But also, rationally, there is a positive function - and I dare say even Biblical source - for many of the d'rabbanan - it helps, ideally, to be constantly aware and have yiras shamayim. The Torah says that we should be repeating these words of Torah when we sit down, and when we walk. So perhaps having a shulchan aruch or a Rambam to fill our time helps us to fulfill the Torah law of being constantly aware and actively repeating the Torah.
The Mishna says the Rabbis are to make a fence for the Torah. Violating and ignoring D'rabbanan laws can lead to violating and ignoring D'o'rysa laws, just as once who willfully steps over the fence around the flowers in the garden may end up trampling the flowers.
ReplyDeleteThat's why to my mind the Rabbinical laws are in a sense more important than the Torah laws. Because if I'm careful with the Rabbinic laws I'm protecting myself from violating the Torah laws; but if I'm just careful with the Torah laws and ignore the Rabbinic laws, I may violate the Torah laws.
A good example is saying the Shema by midnight.
It also seems to me that Rabbinic laws help a person build and maintain their "soul-strength." Rabbinic laws "exercise" the soul so that I am "in shape" when I need to fulfill a Torah law.
And as another comment here points out, a Rabbinic law can be conceptualized as Torah law in that we are commanded to follow the Rabbis. That is why - is it not? -- that we say "Who...has commanded us" in the Brachos of Mitzvos that are Rabbinically decreed.
to declare all rabbinic laws to be Torah laws was the advice of Chasam Sofer
ReplyDeleteAgainst the advice of the rambam.
ReplyDeleteBut in any case. It was at the time of reform early days, and was a decision of the moment.
There's a story about the Chasam Sofer that always bothered me. He was debating a point of halacha with another posek who kept successfully challenging all his objections. As the story goes, the CS finally announced that the halacha followed his opinion because maybe this other guy was smart but he was the CS and he just knew he was right. Isn't that a weak way to run a legislative process?
ReplyDeleteyes and no
ReplyDeleteif the story is true, then this is the kind of thing that went on with Chazal and their controversies, eg with the oven of Akhnai, with Resh lakish and Rav Yochanan, etc. I previously brough the case of Akavy b. Mehalelel
Chatam Sofer was the posek hador , and is one of the most important poskim even for today. ther was a saying at the time that "from Moshe to Moshe there was nobody like Moshe" in this case applied to Moshe ben maimon and Moshe Sofer.
ReplyDeleteThe Modern Orthodox all have reservations about the Chatam Sofer because of his chiddush against chiddush.
But he also had reservations against Kabbalah. he also had reservations about mixing aggadah/kabbalah with Halacha. he also had reservations about exaggerated chumras eg the Chabad chumra against men shaving their beards at all.
he was such a high level Posek and gadol, that with his unique Torah knowledge of the time - he felt he could disagree with something even where the other party rbings good evidence and argumentation.