Q&A: On the Authority of the Talmud, the Medieval Authorities, and the Later Authorities
On the Authority of the Talmud, the Medieval Authorities, and the Later Authorities
Question
Hello Rabbi,
Why do you think that only the Talmud and the “accepted” medieval authorities (Rishonim) are included in the first-order process of halakhic ruling? Why not later halakhic decisors as well? Of course, they would enter not as foundational texts in their own right, but as systems, just as the Talmudic text is not a work standing on its own, but rather a system of different opinions.
Thank you in advance.
Answer
No halakhic decisor besides the Talmud enters into first-order halakhic ruling. What enters there is only that which received formal authority, and that is only the Talmud. Everything else is, in principle, subject to discretion.
Indeed, it is true that authority itself also comes in degrees; that is, the central medieval authorities carry greater weight, and therefore disagreeing with them requires a higher degree of certainty. In Jewish law there are no truly black-and-white statements.