Q&A: A Heavenly Voice as Decisive: The Value of Autonomy
A Heavenly Voice as Decisive: The Value of Autonomy
Question
As is well known, there is a dispute among the medieval authorities (Nachmanides and Rav Hai Gaon) whether, in a disagreement, we follow the number of judges or the quality of the arguments. There is also such a dispute among the halakhic decisors. Some even wrote that this is the dispute between the School of Shammai and the School of Hillel.
The Heavenly Voice decided in favor of the School of Hillel. From this it would seem that the majority does not uncover the truth, but is only a procedural rule. And you have already written about this in the past, rejecting that, etc.
Now I thought that in light of what you wrote elsewhere—that the purpose of Jewish law is twofold: (a) uncovering the truth, and (b) an autonomous value—perhaps the Heavenly Voice decided that autonomy is preferable to truth. And therefore, since most people thought like the School of Hillel (they were the majority), the Jewish law was established in accordance with them. So what is really being said here is that autonomy is preferable to truth.
Answer
In my article (and also in the third book) I brought that this is a dispute among the commentators. Rabbi Yosef Karo writes that the ruling followed them because they were more aligned with the truth (since they stated the words of the School of Shammai before their own, and that is how one comes closer to the truth).
I think that using the term “autonomy” this way somewhat empties it of content. Following the majority is not autonomy, but rather a halakhic rule of decision.