Q&A: Changing Jewish Law Through the Sanhedrin
Changing Jewish Law Through the Sanhedrin
Question
With God’s help,
Hello Rabbi,
Maimonides’ well-known words in the Laws of Rebels state:
If the Great Court interpreted one of the hermeneutical principles as, in their view, indicating that the law is such-and-such, and they ruled accordingly, and afterward another court arose and found a different rationale to overturn that ruling, then it may overturn it and rule according to what appears correct in its own eyes, as it is said: “to the judge who will be in those days”—you are obligated to follow only the court of your own generation.
That is, if the court interpreted through one of the principles by which the Torah is expounded, then this can be changed if the second court sees it differently.
But which principles are being referred to? Specifically the thirteen principles of Rabbi Ishmael? Or also things like extra wording in the verses—for example, if it says “king,” and they derive “king and not queen”? And what about the thirty-two principles?
Answer
All of the principles, and all interpretations. In Maimonides’ language, interpretations through principles are just an example of any interpretation or exposition of the Torah. See, for example, the heading of the second root, where the thirteen principles are mentioned, as well as amplification—that is, including the expositions from the school of Rabbi Akiva.
Discussion on Answer
In my view, that’s nonsense. Lieberman, in his book Greeks and Greekness in the Land of Israel, found a few faint roots in Eastern cultures, not Greece. But if this were just ordinary inference without authorization from Sinai, then those inferences would be groundless. There is no logic to them.
I’ve dealt with these possibilities quite a bit in several places. Mainly in the second book in the Talmudic Logic series (General and Particular Principles), where we proposed a model that explains the development of exposition from its source at Sinai through influences and human development over the generations, and we showed the significance of this with various proofs for that model.
And regarding the difference between Hillel’s principles and Rabbi Ishmael’s—according to your approach, did Hillel simply not bring all of them?
Sorry, I just don’t have any way to get hold of your books on Talmudic logic.
Thank you very much 🙂
Between Hillel and Rabbi Ishmael, it’s simply a process of further specification. But beyond that, there are also principles that weren’t included.
Examples can be found in the baraita of the thirty-two principles of Rabbi Eliezer son of Rabbi Yose the Galilean. In Sefer Keritut he explains, regarding each one, why it wasn’t included by Rabbi Ishmael—either because it’s a principle of aggadic exposition, or an Akivan principle, or a disputed principle, or a principle whose status is not really exposition at all but simply ordinary interpretation of the text. And even the list of thirty-two is not complete. The overwhelming majority of expositions in rabbinic literature do not use Rabbi Ishmael’s principles, or formal principles at all.
From the phrase “principles by which the Torah is expounded,” it sounds like there is some principle that is earlier and greater than the Torah—as though God had cognitive-literary laws governing Him while He wrote the Torah.
Also, formulating such rules seems to involve “do not add.”
The “rules” by which one may expound the Torah are learned from the Torah itself. For example, in the book of Genesis there are slight variations in wording from verse to verse that hint at different ways the same things can be said, and from them one can discern what is significant and what is not significant. And that too is open to interpretation—each person according to his own understanding.
Not true. The principles can be rules of inference that accompany the Torah. Though I also see no problem even with the assumption that there is something greater that preceded it. The sages write this in several places.
There is no issue of “do not add” here. This is conceptualization and interpretation of the methods of exposition that were given at Sinai.
The overwhelming majority of the methods of exposition cannot be learned from the Torah. Keritut implies that none of them can.
What does the Rabbi think about the claim that the thirteen principles are not at all from Sinai, but rather from Greek culture, which simply taught the sages to sharpen their ability to draw conclusions and interpret?
Does this claim have any halakhic implications at all? Seemingly not.