How is Jewish Law Transmitted?

(13) Next day, Moses sat as magistrate among the people, while the people stood about Moses from morning until evening.

(3) מן הבקר עד הערב FROM MORNING UNTO EVENING — Is it really possible to say so — that Moses sat the whole day long? But the explanation is that any judge who gives a rightful decision as truth demands it, even though he spends but one hour on it, Scripture accounts it to him as though he had occupied himself with the Torah the whole day long, and as though he became co-partner with the Holy One, blessed be He, in the work of the Creation of which it is stated, “It was evening and it was morning” (cf. Mekhilta d'Rabbi Yishmael 18:13; Shabbat 10a).

(1) Moshe received the Torah from Sinai and transmitted it to Yehoshua, and Yehoshua to the Elders, and the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly. They said three things: Be deliberate in judgment, raise up many disciples and make a fence for the Torah.

And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure. The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him.After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream.Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning.Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion?Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

(21) And this is the intent of (Chagigah 3b): "Lest you would say: 'If these say "unclean" and these say "clean," how can I learn Torah from now on?' — the verse (Ecclesiastes 12:11) tells us: 'They [words of Torah] were all given by one shepherd' — one leader stated them at the behest of the L-rd of all creation, as it is written (Exodus 20:1): 'And the L-rd spoke all of these words.'" It is hereby affirmed that the words of those who rule "unclean" and those who rule "clean," those who rule "unfit" and those who rule "fit" were all stated by Moses at G-d's behest. Now this is impossible unless understood as we have explained it. For, in view of the fact that the words of those who rule "unclean" and those who rule "clean" are mutually contradictory, how can it be that both accord with the truth, and how can it be that both were received by Moses from the L-rd? "Can there be a doubt in the mind of G-d?" (Berachoth 3b). The idea, however, is as we have explained. The L-rd has relegated all of these decisions to the sages of the generations and has commanded us to abide by them, so that their ruling on anything represents G-d's command to Moses. And it is our conviction that if they rule against the truth — even if we know this to be the case through a heavenly voice [bath kol] or through a prophet — we are not to deviate from the ruling of the sages. This is exemplified in the episode of R. Eliezer Hagadol and the sages (Bava Metzia 59b). Although R. Eliezer gave great, formidable signs that the truth lay with him, and a bath kol came forth from heaven and said: "What business have you with R. Eliezer, with whom the halachah universally accords?" — in spite of this, they refused to concur with him and excommunicated him in convocation [for refusing to recant]. For the Blessed One did not relegate the resolution of halachic doubts to a prophet or to a heavenly voice but to the sages of the generation. This is the import of R. Yehoshua's arising and proclaiming (Deuteronomy 30:12): "It is not in the heavens!"