Regulations – Their Origin and Authority
Hello Rabbi,
1.
I wanted to know what is the source and authority of the Sage regulations, decrees, and restrictions? Surely you cannot deny that it is not their source, because it is completely uninterpretable. And so it is in other places.
Isn’t it absurd that the source of authority for the Sages is the Midreshet Chachamik!?
2.
Does the rabbi know of examples of ancient regulations in the Bible? That they obligated the public?
Hello Moshe.
- This is the plain meaning of the verses. See my response to igod. It is not absurd, just as in Israeli law the Supreme Court determines its own powers. At the top of each pyramid stands only one entity, and by definition it determines its own powers (because there is no one above it). And is it not absurd that God, the Holy One, determines His own powers?
- Ancient regulations are not explicitly documented, but our sages told us that there were ancient regulations, of Moses, King Solomon, and more. You can see a review at the beginning of the first volume of Y. Szczypanski’s book, Regulations in Israel.
1. I have read and I do agree that according to the plain text of the verses, it is in the hands of the supreme legislative institution to discuss new difficulties (“for it would be surprising..”).
!But! There is no connection between these verses and adding commandments – regulations and decrees.
And therefore I ask where did the Sages find the ability to amend regulations?!
If this is based on another unrelated verse and from which they took a reference, then this too is not a power given to them from the verses because it is circular.
Regarding the serious logical error in the Rabbi's words about the inference between the Holy One and the Sages.
So I just wanted to say that in contrast to the fact that the Holy One can establish commandments, etc. and it is in the hands of any person not to comply, the Sages are forbidden to do something that is not part of the Torah. It says, "Do not add."
If they have the authority to interpret, they have the authority to legislate when necessary. This is a simple explanation. Just as the Supreme Court did not receive the authority to legislate and it still does so (judicial legislation. For example, Aharon Barak's constitutional revolution). And those who criticize it for the very act of judicial legislation are wrong. There is room for criticism of the dosages, of course.
Incidentally, because Yeazel does not necessarily deal with the interpretation of the Torah, but in any case there is a law that people do not know what to do or a law between people. Therefore, it is also said there as much as is extended, and that is already regulations.
And beyond all this, the sages have the power of “in their hands” (see Rabbi 2:233, which is stronger than a migo). They can present the Devarim as an interpretation of the Torah and then it would be binding, so they also have the power to enact a new law.
As for my ”serious logical error”. First, who said that you should not add is talking about the Sages? (As is known, the Rishonim disagreed on this. See Rashba and Toss 16:22). Second, I am talking about the principled authority. You asked how they have authority without a source, not how their authority fits with the ”do not add. I answered your question by comparing it to God, who also has authority without a source.
The second question has already been asked by the aforementioned Rishonim and others (the Rambam, for example, in Hala Memariam writes that this is indeed also said about the Sages, but when they enact a new rabbinical law, they must state that it is not from the Torah, thus avoiding the prohibition of the ”do not add).
1. Did they receive permission to make regulations from the resident or was it just a guess?
[2. The power in his hand is also circular, so the question also goes back to him.]
1. I don't know. But either way they have authority.
2. You refer to ”bidu” as the sages have established, but this is not a rule but an explanation. You can of course disagree with it, but there is no circularity here.
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