Q&A: A Decree Whose Reason No Longer Applies
A Decree Whose Reason No Longer Applies
Question
Rabbi, why does a decree whose reason no longer applies not become void automatically? And even an ordinary religious court cannot revoke it! What is the logic behind this, ostensibly?? I’m talking about decrees where we know with certainty that the reason has ceased to apply.
Answer
First, if it is known with certainty that the reason no longer applies, there are opinions that the decree does indeed lapse. The Raavad speaks about a religious court that is not greater in wisdom and number, but in a responsum of the Rosh it is written that the decree is void. The topic is discussed at length in the third book of the trilogy.
I assume the reason is to reinforce the standing of rabbinic decrees and to ensure that people do not come to revoke them too easily.
I didn’t quite understand the question. Is there anyone who would say that if a law enacted by the Knesset has lost its rationale, it simply expires on its own? The Knesset itself would repeal the law. Without that, there would be a real concern of anarchy and disorder.
So what’s the difference?