Q&A: What Is This Strange Concern?
What Is This Strange Concern?
Question
What is this puzzling passage about?
Yoma 80a: “Rabbi Elazar said: One who eats forbidden fat nowadays must write down the amount, lest another court come and increase the measures.
What does ‘increase the measures’ mean? If we say that they would obligate a sacrifice for a small olive-bulk—yet it was taught: ‘From any of the things that are not to be done, and he becomes guilty’—one who repents upon becoming aware brings a sacrifice for his inadvertent sin; one who does not repent upon becoming aware does not bring a sacrifice for his inadvertent sin. Rather, it means that they would not obligate a sacrifice unless there is a large olive-bulk. And according to what was initially assumed, that one would be obligated to bring a sacrifice for a small olive-bulk, what does ‘increase the measures’ mean? Perhaps they would increase the number of sacrifices because of the measures.
Rabbi Yohanan said: Measures and punishments are a law given to Moses at Sinai. Punishments are written explicitly in Scripture! Rather, this is what he said: The measures for punishments are a law given to Moses at Sinai. It was also taught in a baraita likewise: The measures for punishments are a law given to Moses at Sinai.”
Seemingly, even if the future Sanhedrin were to decide that the olive-bulk is different, that should make no difference, because at the time he ate it, the Sanhedrin had determined that the olive-bulk was the size of what he ate, so he committed a prohibition. So what are these strange concerns? We also do not find in the Talmud concerns this remote and odd.
And maybe we should also worry that they will decree muktzeh even on utensils designated for permitted use, as was the case in the time of Nehemiah, and then he should write that down too. And maybe we should worry that they will also decree against oil of non-Jews, etc. And whoever adds, they add for him. It is truly puzzling.
Answer
Indeed, a good question. One could say that the punishment is determined according to the law at the time the punishment is imposed, not at the time of the transgression. Especially since eating less than the measure is forbidden by Torah law, so there was already a prohibition even beforehand, and as for the punishment, that depends on the time of the halakhic ruling. Especially if this is talking about a sin-offering brought for an inadvertent sin—if so, he was inadvertent, so what difference does it make whether he knew the measure or not? Moreover, that is also true regarding the measure, and yet that does not exempt him from a sin-offering.
Discussion on Answer
It may be a dispute, but that is not necessary. The law given to Moses at Sinai may be that this is the measure of normal eating, and the Sages are the ones who estimated the measure.
In any case,
indeed this passage in Yoma was not actually ruled as Jewish law. It really is a puzzling passage, also for another reason: right afterward they explicitly say that the measures are a law given to Moses at Sinai, so how could it be that the Sanhedrin would disagree with what Moses received from the Creator?
And indeed, in the Jerusalem Talmud, Chagigah 1:2, these views are treated as disputing one another, and as stated, Maimonides ruled as Jewish law that this is a law given to Moses at Sinai.