Q&A: Acceptance by All Israel
Acceptance by All Israel
Question
Maimonides speaks about a decree that “was accepted by all Israel,” which therefore obligates everyone [and I’ve seen some who expanded this idea even to the source of the Talmud’s authority—because all Israel accepted the book, (and they say that Tosafot really hold that statements of tannaim that are not found in the Mishnah collections are not binding—because the book is what binds)].
And I didn’t really understand why the acceptance of all Israel is binding. (I didn’t find that Maimonides gives a source or a rationale.) After all, I am obligated to God’s will—how do we know that God wants it to be the case that whatever the Jewish people accept will obligate me? Is it by virtue of the acceptance of the Jewish people itself? On what basis is that binding?
Answer
This is discussed at length in Beit Yishai – Derashot (by Rabbi Shlomo Fischer), sec. 15. It seems to me that the foundation of the matter is that the acceptance of the Torah from the outset was communal, and our obligation stems from the acceptance of the community (a covenant). If so, it is reasonable that this acceptance was with the understanding that it follows what the representatives of the community decide. From here Maimonides founded his novel view regarding the renewal of ordination “from below.” The assumption is that if there is agreement from below, it can substitute for ordination from above. If so, regarding the Talmud there was agreement from below. By the way, he brings support for his words from the renewal of authority at the coming of the Messiah (which of course can be debated in detail).
This is with regard to the community’s acceptance. You began with a different question, about the status of the community regarding decrees. Here this is already in the Torah itself, where “do not turn aside” appears, and at least according to Maimonides this applies also to rabbinic laws. Therefore, the Torah itself already grants authority to the sages. What they added is that the authority is contingent on the consent of the community.
Discussion on Answer
A. It is generally accepted that the Talmud has the status of the Great Court (apparently because of the community’s acceptance).
B. There are two dimensions to religious obligation: 1. Because it is the truth. 2. Because we signed a covenant (a contract) with the Holy One, blessed be He. The first is individual and the second is communal.
Rabbi, thank you very much.
Two questions:
A. Regarding the status of the community in decrees, doesn’t the verse speak only about the Great Court in the Chamber of Hewn Stone? What about decrees of the Talmud? (I saw that Ran says something about the authority being connected to “follow the majority,” maybe?)
B. There’s a point here that I haven’t been able to understand for quite a while: I don’t understand the place of the collective in serving God. I do what God says because I think that’s what should be done, not because of general acceptance, and I would do it to the same extent even without that… Is this way of looking at things mistaken? Where does the collective fit in here?
Thanks.