Q&A: For the Sake of Peaceful Relations
For the Sake of Peaceful Relations
Question
In Gittin 59b, in the passage about acting for the sake of peaceful relations, according to the Talmud’s conclusion — "because this can lead to quarrels" — it emerges that by Torah law a kohen precedes a Levite, but by rabbinic law the kohen could have allowed the Levite or an Israelite to go before him (as happens at a meal [what is the difference? At a meal are there fewer quarrels than in a synagogue?]). And for the sake of peaceful relations, the kohen was forbidden to waive his precedence.
A. By what principle did the rabbis uproot a Torah law?
B. Is "for the sake of peaceful relations" a moral value rather than a halakhic one? What is its relationship to rabbinic law?
Answer
A. The rabbis can uproot a Torah law through passive omission, and in certain cases even through positive action.
B. The rationales for such uprootings can be varied and diverse. Peaceful relations is one such rationale. But the fact that this is a moral value is not important, because when the Sages decide to incorporate a moral value into Jewish law, it becomes part of the Jewish law (rabbinically), like coercion against the trait of Sodom. Simply speaking, at least in this case it is a rabbinic law, since fundamentally the kohen may waive his precedence.
There are situations in which peaceful relations creates a new law rather than qualifying an existing law. There one must discuss whether this counts as a Torah-level rationale, as we find laws established in light of the principle "Her ways are ways of pleasantness."
Discussion on Answer
And what about "do not add" with respect to their enactments? See Maimonides, chapter 2 of Mamrim, and Tosafot and Rashba on Rosh Hashanah 17b and the commentators there.
Thank you very much, Rabbi, for the reply.
I found an answer to this in Maimonides.
However, I didn’t find any reference to this in the Tosafot or the Rashba mentioned. Maybe it appears somewhere else?
Maybe 16b. It’s about the shofar blasts to confuse the Satan.
Thank you very much
A. What about the prohibition of "do not subtract"? Weren’t the rabbis also commanded about that?