Q&A: Do Not Add
Do Not Add
Question
In the new responsa of the Rashba, section 345, he wrote that the Sages can judge not according to Torah law if they see a need for it, as when Rabbi Shimon ben Shetach hanged the witches even though it is forbidden to hang a woman, and Rabbi Elazar handed over thieves and because of him they were killed even though a thief is not liable to death.
And the question is: why is there no violation here of “do not add”?
Thank you very much
Answer
First of all, why should there be a violation of “do not add” here? There is no addition here, only a change from the law. Adding means putting more strings on the tzitzit and the like, and according to some approaches, adding a new commandment. You could ask about every rabbinic law why it does not violate “do not add.” Tosafot and the Rashba discuss this in Rosh Hashanah 16b. According to Maimonides, for example, there is no violation of “do not add” as long as the religious court does not present its ruling as Torah law, but makes clear that this is a rabbinic law or punishment not in accordance with the formal law. Beyond that, if it is permitted to violate a Torah law when the times require it and to punish not in accordance with the law, then why shouldn’t they also be able to override “do not add” for that same need? And in general, straightforwardly, a temporary addition is not included in “do not add.” Even a prophet may introduce something temporarily, and the Sages can uproot something from the Torah by positive action on a temporary basis. There is much more that could be analyzed in all this.
Discussion on Answer
I didn’t understand.
When can a Sage change something from the Torah when he sees a need? Is it in a case where it is a broad phenomenon, like the witches—where Rabbi Shimon ben Shetach saw that there were many witches, so he hanged them in order to make a public impact—or even in a private case, if he sees a need, can he change it?
And from what authority is it possible at all to change something from the Torah? From Rabbi Elazar we see that he did this on a regular basis, and it wasn’t some one-time emergency ruling.
When he sees that the times require it. What kind of definition do you want to get here? Whether it is general or specific, there are no fixed rules for this. It depends on his judgment.
As for the question of where the authority to punish not according to the formal law comes from: apparently from the law of the kingdom. I assumed that when there was a king in Israel, he was responsible for punishments not according to the formal law. Search the site for “The Historical Accident.”
Every rabbinic enactment is, in a permanent way, a deviation from the law.
Excellent, thank you very much.
As for the matter itself: how could those Sages change something from the Torah? Does it require something like some broad phenomenon, as with the witches, or even in a private case—if the Sage sees a need to change it, can he override a Torah law? The question is of course when there is no danger to life.