חדש באתר: מיכי-בוט. עוזר חכם על כתבי הרב מיכאל אברהם.

Authority in matters of opinion

שו"תקטגוריה: philosophyAuthority in matters of opinion
שאל לפני 6 שנים

Hello Rabbi,
I tried to find something between facts and norms. Does the Sanhedrin have authority over facts that concern a fact but are not formulated as a halachic ruling (but only in their opinion that it is appropriate/unappropriate in the eyes of God, but they do not claim that this is a halachic rule learned from poskim/midrash/the Central Board of Jewish Studies/Tekna, etc.)?
For example, if the Sanhedrin determines that in our day it is not appropriate to pray for more than 20 minutes a day (just an example), on the one hand this seems to be a factual question and then it is no longer within its authority, on the other hand if it is not appropriate then I would probably refrain from eating schnitzel and perhaps this is a mandatory norm.
To illustrate, if someone proves from the midrashim in the Gemara that it is not appropriate to do such and such (even an existential mitzvah like praying or putting on tefillin for more than a few minutes), but it is not worded exactly according to the law (forbidden!), what is the status of this?
thanks!


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0 Answers
מיכי צוות ענה לפני 6 שנים
I'm not sure I understood the question. It could be said that all halakha is a fact (the question of what God intended when giving the Torah, or the Sages when they established a regulation or decree). But this is not a fact but a norm, because in the end we are not asking the factual question of what God intended, but a normative one – what is binding from our perspective (it is not in the heavens). Any non-halakhic determination has no authority, even if it is not a factual determination. Authority was given only to halakhic determinations. There is no authority regarding facts not only because no authority was given, but because it is not defined at all.

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