Q&A: The Limits of Authority and Its Sources
The Limits of Authority and Its Sources
Question
Hello Rabbi Michael,
I read carefully and also listened carefully to your lectures on formal and substantive authority, and regarding facts versus statements and claims in that context.
Would the Rabbi be able to provide me with sources for his views, if there are any at all, and whether according to your approach sources are even needed.
And could I also get some guidance to sources for the opposing conservative view? Even though I know it and have encountered it, I would be glad to receive its more well-founded sources.
Best regards,
Yigal
Answer
Maimonides writes in three places in his Commentary on the Mishnah that there is no halakhic ruling on matters that do not pertain to practice. But even from him it does not sound like he means what I mean; rather, for him this is simply one of the rules of Jewish law. According to my approach, a halakhic ruling in such matters is impossible. I have no sources, and no sources are needed. Why would I need a verse? It is pure reasoning! The advantage of conceptual analysis is that it is compelling on its own, and there is no need at all to resort to sources. As for the approach of those who disagree, you will have to clarify that with them.
Discussion on Answer
Indeed. See Henshke's article in Da'at on this.
Just as an aside:
In all three matters about which he wrote in the Commentary on the Mishnah that there is no ruling — in the Mishneh Torah he did rule!