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Dow and Durban

שו"תDow and Durban
שאל לפני 5 שנים

There are places where the sages changed the definitions required by Torah law, such as fearing endless waters instead of relying on a majority (I'm not sure I'm being accurate when I say that this was the reason for the permission), and more. I wanted to ask what the logic of the sages was to be strict in such cases, since for the Torah this was sufficient clarification. And vice versa in places where the sages are lenient against Torah law, why does it make sense.
I thought in several directions (I would love to hear the rabbi's opinion on them, and to hear additional suggestions), but it wasn't clear enough for me: A. Halacha speaks of standard realities, but there is an extreme case that cannot be included in it. It seems to me that this is a bad answer, firstly because Halacha goes down to the details and deals with distant cases, and secondly because the Sages have changed not only in remote and distant cases. B. There is a constant progression of reality, and things that made sense in the past cease to make sense (morally, etc.). This explains a lot of things, but to sum up the case of the referendum it does not, and certainly many more things.
In short, I would appreciate a good answer, thank you very much!


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0 Answers
מיכי צוות ענה לפני 5 שנים
peace. It is difficult to discuss without a specific example because the question is not well defined. Regarding agunah and water that has no end, this is a bad example because it all rests on the sages' ruling that it is not permissible to permit agunah to the market based on one witness (and is strongly supported by Daika and Minsaba). In general, there are situations in which there is a division of roles between the Torah and the Sages, and therefore the Halacha is from the Rabbis. For example, the regulation of the market (not to take away a stolen object from a person who bought it in good faith). If the Sages regulated this, then it must be true. But if so, then why didn't the Torah itself determine it? My answer is that the Torah says what the main law is, and from the main law a stolen object must be returned. The Sages' role is to determine what is actually done in terms of justice and social order. This is a division of roles and not a question of right or wrong.

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