Q&A: Rabbinic Enactments
Rabbinic Enactments
Question
Hello Rabbi, who has the authority to enact rabbinic enactments? I had assumed it was obvious that only the Sanhedrin does, but a debate came up about this in the study hall (the other fellow said that every tanna has the authority, and that “the sages in the Talmud” decide whether or not to accept it) I’d be happy if you could clarify the issue for us, and if possible also point us to a source.
Answer
The authority to enact rabbinic enactments is given to anyone who has formal authority in Jewish law, meaning the Sanhedrin or the Talmud (by virtue of our acceptance of it, and not by virtue of “do not deviate”). Sometimes the Talmud transmits to us an earlier enactment or decree that was instituted by the Sanhedrin, and then its authority is by virtue of “do not deviate,” not by virtue of the authority of the Talmud.
A rabbi in his own community can also institute enactments, since the community accepted him upon themselves (and that is only in areas for which he was granted authority).
But an individual halakhic decisor or this or that religious court cannot institute enactments, and their enactments do not bind anyone. True, the Hazon Ish writes that a halakhic decisor can determine that something is rabbinically forbidden because it seems to him proper to prohibit it (even without any authorized institution having forbidden it), and he ties this to an implicit authorization from earlier Sanhedrins, but that is a puzzling and implausible thesis.
I don’t understand what source you want: some Jewish law book? And who said it has authority? Your guarantor needs a guarantor. The source is halakhic understanding and reasoning. The authority of “do not deviate” was given only to the Sanhedrin, and there is no other authoritative body. That’s all.
As for the authority of the Talmud by virtue of our acceptance of it, see for example Kesef Mishneh, beginning of chapter 2 of the Laws of Rebels.
Discussion on Answer
I think that in many cases it’s hard to tell. But you can get a sense of whether what’s presented is a tradition or a newly established ruling.
Presumably he wants a source from the Torah.
Why isn’t all of this written in the Torah?
Rabbi, doesn’t this create a problem regarding the blessings instituted over rabbinic commandments, where they explain there that everything we say in “who has sanctified us with His commandments” comes from “do not deviate”? Or should we distinguish between commandments instituted by the sages—which, apparently according to all views, were enacted by the Sanhedrin—and enactments that are not commandments?
I didn’t understand the question. Do you mean rabbinic laws in the Talmud that are not from the Sanhedrin? Good question, but there are views that one recites a blessing even over custom. So a Talmudic law is certainly no worse. Apparently “do not deviate” is an example for any source of obligation that is not the Torah. And certainly according to Nachmanides in his glosses to the first root, who argues that this is merely an asmachta even when it actually was instituted by the Sanhedrin.
Thank you very much, Rabbi. As a follow-up question: can one distinguish when a rabbinic enactment written in the Talmud is from the Sanhedrin and when it is from a tanna?