Q&A: Acceptance by the Nation, and Rules of Halakhic Ruling
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Acceptance by the Nation, and Rules of Halakhic Ruling
Question
Hello Rabbi,
I wanted to know:
- Is there any other binding halakhic document on the level of the Talmud, besides the Talmud?
- What is the binding force of obeying the ban of Rabbenu Gershom? And is there a difference between the various communities?
- What is the binding force of obeying the will of Rabbi Judah the Pious? And who is bound by it, if anyone?
- I understood from several places in your writings that there was not really an acceptance of the Shulchan Arukh. My question is: should its rulings still be given more weight than those of other halakhic decisors?
- Following up on 4: in a topic I haven’t studied, should one, by default, follow the Shulchan Arukh, or can one rule like whichever decisor happens to come along?
- In the dozens of places where the Shulchan Arukh ruled in accordance with the Zohar and against the plain Talmudic reading (they were listed in the book Ma’aneh Rashbi, response 132, which I don’t have with me right now), is it possible / required to restore the crown of the Talmud to its former glory and rule according to the plain reading?
Thank you very much, Rabbi, for all the fascinating posts, the YouTube lectures, and all the responses on the site. It’s really not something to be taken for granted. Huge thanks
Answer
- No.
- This is a ban that was accepted, and it is binding. Communities that did not accept it, of course, are not bound by it. Moreover, its force expired after a thousand years, but the sages of this generation decided to continue it.
- It has no force whatsoever.
- Definitely yes. There is acceptance of the Shulchan Arukh not as an absolute authority, but as a significant authority. That is how one should relate to it.
- Definitely yes. If you don’t have a position, and the Shulchan Arukh has a ruling, you should follow it.
- If you think the Zohar has no authoritative status, you are entitled not to obey its instructions.
With pleasure.
6. Even someone who does give the Zohar authoritative status—how could he give it a status loftier than the Talmud and contradict the words of the Talmud (when they conflict)?