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Authority of Halacha
By: Ethan Bloom, Berakhot 5a : (Berakhot 5a tells us…
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Berakhot 5a :
Berakhot 5a tells us that the role of God in determining Halacha is providing all the necessary sources to the Jews leaving them no role in changing or adapting it. The Jews only role is to follow the commandments given by God.
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Rabbi Levi said that Rabbi Shimon Lakish explains that the Jewish laws given to Moses were the ten commandments, the Chumash, the Mishnah, the Prophets and Writings and finally the Talmud.
This image represents God and the jews. God acts as the dominant party by creating the law and forcing the jewish people to obey. Similar to a dog an his/her owner, God provides all necessary rules and rewards the Jewish people if they follow.
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Shabbat 88a
Shabbat 88a implies that God’s role in Halacha is that of a forceful leader. God provided all of the sources and the Human’s must follow regardless of belief. While there is often question and protest the Humans obey diligently and follow Halacha or else suffer consequences. Eventually over time the Jews have come to accept it and have realized our role in determining Halacha is minimal.
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In the United States, the upholding force is the government. Regardless of whether its citizens want to obey their laws, they enforce them through the police, FBI, CIA and other organizations meant to enact consequences on those who don’t follow its principles. The government’s role is similar to that of God’s in forcing the law on its citizens or facing consequences. All citizens live under this rule and have come to accept it and live by it.
The first part of Shabbat 88a is when Rav Avdimi bar Chama bar Chasa explains how Jewish law was forced upon the Jews and they were threatened by God with death and that Mt. Sinai would be dropped on them if they don’t accept it. Then Rav Acha bar Yaakov explains further that it is because of the forceful submission that the jews frequently protest the Torah but Rava refutes Rav Acha’s point saying that even though Jewish law as forced upon the people of Israel they eventually learned to accept it and fulfill it’s commandments.
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Bava Metzia 59b
Bava Metzia 59b teaches us that God’s role in determining Halacha is to provide the Written Torah and that when interpreting the given texts God has no dominion. When debating the Oral Torah the concept of majority rules comes into play and humans are able to decide and determine the rules for modern society, not the all-powerful God.
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Without water a plant can’t grow but when given the necessary dose of water it can sprout and thrive. Similarly without a beginning or basis the Jewish people would have no direction but with God’s aid the religion can grow and flourish.
Rabbi Eliezer turned to four different miracles to prove his point when debating the purity of the oven of Akhnai, the first being a carob tree flying through the air, the second, changing the direction of a river, third threatening the rabbis with death by bringing down the walls of the beit midrash and finally calling out to Heaven for a response when Rabbi Joshua intelligently exclaims that that power doesn’t come from heaven. Then the rabbis collectively decide to excommunicate R. Eliezer and sent R. Akiva to inform him in order to prevent the inevitable destruction of the world.
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Seder Eliahu Zuta 2
Seder Eliahu Zuta 2 tells us that God’s role in determining Halacha is providing Chumash that makes up the Written Torah, or in the story’s case, the wheat and flax. The human’s job is to interpret and change the laws according to modern times to produce the Oral Torah, or the bread and the cloth.
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Trying to put a square peg in a circular hole will prove to be quite unsuccessful. God’s law while prevalent in older times will easily become irrelevant if not adapted. That square peg, the Written Torah, must be chiseled and carefully cut to fit the circular hole similar to how humans must interpret Halacha in order to succeed as a religion.
There was a story that a king had two servants and gave each a certain, equal amount of flax and wheat and told them to go off and do what they will with the materials. When the servants came back, one had done nothing with the given materials and he was considered a disgrace while the other baked bread and created a cloth with his ingredients and was appraised by the king.
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Eruvin 13b
God’s role in Eruvin 13b is that of judge and he decides who interprets his Written Torah to modernize it. The selected interpreters role in determining halacha is to make it compatible with everyday life and easier to understand and obey through Oral Torah.
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With the guidance of his or her parents a child has the necessary ideals to successfully branch off and live on his own. With God’s approval, and proper bringing, the humans are capable of traveling their own path and interpreting the law in a manner that they like.
The houses of Hillel and Shammai argued frequently about who’s version of Halacha was correct then a voice came out and said that the house of Hillel’s Halacha interpretations are proper and those words are straight from God. Because the house of Hillel were pleasing and humble they taught both their interpretations and the house of Shammai interpretations of Halacha.
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