Q&A: The Authority of Jewish Law
The Authority of Jewish Law
Question
I heard in some podcast that the Rabbi compared observing Jewish law to obeying the law in the State of Israel—that the obligation to follow it does not stem from the fact that the law is always just, but from the need for an orderly system (that strives for justice).
Recently I’ve been thinking about this and I can’t quite sharpen my understanding of the obligation to observe Jewish law. Could you please expand a bit on the topic?
Does it stem from acceptance by the people?
Why should I adhere to the rulings of the medieval authorities, rather than follow the view that seems reasonable to me?
Thank you very much
Answer
You asked two different questions.
As for commitment to Jewish law itself, it is God's command and therefore it is binding. Especially since we obligated ourselves to it at Mount Sinai, and acceptance by the public binds the individuals.
As for the rulings of the medieval authorities, there is indeed no such obligation. The assumption is that they were closer to the source, and that gives weight to their words. Therefore the practice is to give them weight, but there is no necessity to rule like them. If something else is clear to you—do as you think.
There is discussion in Jewish law regarding the authority of an earlier religious court in relation to a later religious court. See Maimonides, beginning of chapter 2 of the Laws of Rebels. And even there, only in rabbinic matters is a court greater in wisdom and number required. But in Torah-level matters, a great court can nullify the words of a previous great court.
Discussion on Answer
Customs are binding because Jewish law determines that custom is binding. But rulings do not bind you. And even with customs, the intent is not to halakhic customs (a custom to rule one way or another). Those bind you (or guide you) only in situations where you don’t have a position of your own on the issue.
So what kind of customs exactly are binding? The symbolic foods on Rosh Hashanah, for example—are those binding?
For example.
Why does the Talmud actually make it binding? Was it a religious court?
Search the site. It’s been discussed many times.
So if, for example, I agree with Abaye, can I act accordingly even though nobody ruled like him? Or like the House of Shammai?
In principle yes, except that in disputes between Abaye and Rava there is a rule in the Talmud itself that the law follows Rava, except for the six cases indicated by the mnemonic YAL KGM. But I have already noted that the halakhic decisors did not refrain from ruling like Abaye in other passages as well.
So basically all the authority of the Sages comes from “do not deviate”?
How do you infer that from what I wrote? “Do not deviate” applies only to the Sanhedrin (aside from the view of the Sefer HaChinukh, which is puzzling and unique).
Regarding customs, as I understand it, only customs that the Sanhedrin established as binding would obligate you. But ordinary customs that Israel adopted on their own—I think they are not binding. “The custom of Israel is Torah” or “the custom of Israel is law” appear only from the medieval authorities more or less, not from the Talmud.
Correction: instead of "…that Israel adopted on their own, I think they are binding" it should say "…that Israel adopted on their own, I don’t think they are binding."
Absolutely not. See the beginning of the chapter “In a Place Where the Custom Was” in Pesachim.
In tractate Pesachim, that is not the same sense as “the custom of Israel is Torah.” There it is speaking about a custom regarding a specific law, or more generally about when or how to carry out certain laws. But in the interpretation of the medieval authorities of “the custom of Israel is Torah,” it refers to a situation in which customs that arise among the people (like the custom of singing Lekhah Dodi in the Kabbalat Shabbat service, or the custom of not eating legumes on Passover) become Torah law and binding—which cannot be possible if there is no Sanhedrin to establish it as such.
With regard to customs and rulings that were accepted among my people, why does that obligate me?