Q&A: Definition of Rabbinic Commandments
Definition of Rabbinic Commandments
Question
How are we to understand many laws in the Talmud and in the halakhic decisors that seem more like recommendations?
For example: it is forbidden to pass in front of someone who is praying; it is forbidden to pass gas, belch, or yawn during prayer… one must answer Kaddish and stand for Kedushah, and take three steps back at the end of the prayer. Likewise the laws of what is more frequent versus less frequent, not letting commandments become delayed, and many more…
Does someone who violates these laws transgress “do not deviate”?
Answer
In recent days (and also today) I’ve been asked this question in various versions. How do you know whether a given rule is an actual law or just a proper mode of conduct? I wrote that I don’t have a sharp criterion. It depends on the wording and the context. But even if it is a law, “do not deviate” applies only to enactments of the Sanhedrin.
Discussion on Answer
There are other sources of authority as well. For example, according to Nachmanides, “do not deviate” does not apply to rabbinic enactments and decrees. So what is their source of authority? There is an accepted tradition regarding the sages of the Talmud that they have authority even without “do not deviate.” Customs also have halakhic authority. And of course, above all, it can also be an interpretation or application of an existing law—whether Torah-level or rabbinic—and then again it is binding by virtue of the existing law.
‘But even if it is a law, “do not deviate” applies only to enactments of the Sanhedrin.’
Without “do not deviate,” where does the authority of the law come from—meaning, why is it binding?