Q&A: Following the Majority
Following the Majority
Question
Is there a source in the Torah for following the majority? (Aside from the exposition of the verse “incline after the many,” which ironically seems to say precisely that one may not follow the many just because they are the many if their ruling is bad.)
At first glance, it seems that the Sages adopted the idea that one should follow the majority either on the basis of reasoning or from the prevailing practice among the sages of the time (democracy, etc.), and only afterward looked for a source for it in the Torah and inserted it there as well. But I don’t know all the sources well enough to say that with certainty.
Does that sound reasonable or correct to the Rabbi? (It doesn’t seem especially more problematic than other Torah-level laws that are derived from reasoning.)
Answer
According to the conclusion of the passage in tractate Hullin, the exposition teaches only about a majority that is present before us. As for a majority that is not present before us, there are two formulations in Rashi: either it is a law given to Moses at Sinai, or it is based on reasoning. Simply speaking, it seems that the laws of majority are grounded in reasoning, and the source is not really a genuine textual source.
A democratic majority is a different matter, and I discussed that in columns 66, 69, and 79.