And know that prophecy does not help in the explanation of the Torah and in the extrapolation of its derivative commandments through the thirteen principles. [Rather,] that which Yehoshua and Pinchas would do in the matter of research and reasoning, that is [also] that which Ravina and Rav Ashi did. But the advantage of the prophet and his effect on the commandment – if you should ask; as my soul is alive – that is one of the great and powerful fundamental principles upon which religion and its foundation relies.
And only in this is the prophet distinguished from other people concerning the commandments. But regarding investigation and reasoning and discernment of the commandments, he is like the other sages who are like him, who don't have prophecy. As when a prophet follows a reasoning and one who is not a prophet, likewise, follows a reasoning; and the prophet says that the Holy One, blessed be He, told me that my reasoning is correct – do not listen to him. Rather [if there are] one thousand prophets – all of them like Eliyahu and Elisha – following one reasoning, and one thousand and one sages following the opposite of that reasoning, 'we lean towards the many.' And the law is like the words of the one thousand and one sages, not like the words of the one thousand glorious prophets. And so [too] did the sages say (Chullin 124a), "God!, If Yehoshua bin Nun had told me this with his [own] mouth, I would not have listened to him and not accepted it from him." And so also did they say (Yevamot 102a), "If Eliyahu were to come and say, 'We release [a levirate woman] with a soft sandal,' we listen to him; 'With a hard sandal,' we do not listen to him." They wanted to say [by this] that one cannot add or subtract from the commandments by way of prophecy in any fashion. And so, if the prophet testifies that the Holy One, blessed be He, said to him that the law of x commandment is like this and that reasoning y is true – that prophet is killed, as he is a false prophet, as we have established. [This is] since Torah is not given after the first prophet, and there is nothing to add and nothing to subtract, as is is stated (Deuteronomy 30:12), "'It is not in the heavens.'" And we have not been permitted to learn from the prophets, but rather from the sages, the men of reasoning and discernment. It did not say, "and you shall come to the prophet who will be at that time, but rather (Deuteronomy 17:9) "and you shall come to the Levite priests, or the judge." And the sages already spoke about this matter very much, and it is the truth.
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.
(א) דָּבָר בָּרוּר וּמְפֹרָשׁ בַּתּוֹרָה שֶׁהִיא מִצְוָה עוֹמֶדֶת לְעוֹלָם וּלְעוֹלְמֵי עוֹלָמִים אֵין לָהּ לֹא שִׁנּוּי וְלֹא גֵּרָעוֹן וְלֹא תּוֹסֶפֶת שֶׁנֶּאֱמַר אֵת כָּל הַדָּבָר אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם אֹתוֹ תִשְׁמְרוּן לַעֲשׂוֹת לֹא תֹסֵף עָלָיו וְלֹא תִגְרַע מִמֶּנּוּ. וְנֶאֱמַר (דברים כט כח) "וְהַנִּגְלֹת לָנוּ וּלְבָנֵינוּ עַד עוֹלָם לַעֲשׂוֹת אֶת כָּל דִּבְרֵי הַתּוֹרָה הַזֹּאת". הָא לָמַדְתָּ שֶׁכָּל דִּבְרֵי תּוֹרָה מְצֻוִּין אָנוּ לַעֲשׂוֹתָן עַד עוֹלָם. וְכֵן הוּא אוֹמֵר חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם. וְנֶאֱמַר (דברים ל יב) "לֹא בַשָּׁמַיִם הִיא". הָא לָמַדְתָּ שֶׁאֵין נָבִיא רַשַּׁאי לְחַדֵּשׁ דָּבָר מֵעַתָּה. לְפִיכָךְ אִם יַעֲמֹד אִישׁ בֵּין מִן הָאֻמּוֹת בֵּין מִיִּשְׂרָאֵל וְיַעֲשֶׂה אוֹת וּמוֹפֵת וְיֹאמַר שֶׁה' שְׁלָחוֹ לְהוֹסִיף מִצְוָה אוֹ לִגְרֹעַ מִצְוָה אוֹ לְפָרֵשׁ בְּמִצְוָה מִן הַמִּצְוֹת פֵּרוּשׁ שֶׁלֹּא שָׁמַעְנוּ מִמּשֶׁה. אוֹ שֶׁאָמַר שֶׁאוֹתָן הַמִּצְוֹת שֶׁנִּצְטַוּוּ בָּהֶן יִשְׂרָאֵל אֵינָן לְעוֹלָם וּלְדוֹרֵי דּוֹרוֹת אֶלָּא מִצְוֹת לְפִי זְמַן הָיוּ. הֲרֵי זֶה נְבִיא שֶׁקֶר שֶׁהֲרֵי בָּא לְהַכְחִישׁ נְבוּאָתוֹ שֶׁל משֶׁה. וּמִיתָתוֹ בְּחֶנֶק עַל שֶׁהֵזִיד לְדַבֵּר בְּשֵׁם ה' אֲשֶׁר לֹא צִוָּהוּ. שֶׁהוּא בָּרוּךְ שְׁמוֹ צִוָּה לְמשֶׁה שֶׁהַמִּצְוָה הַזֹּאת לָנוּ וּלְבָנֵינוּ עַד עוֹלָם וְ (במדבר כג יט) "לֹא אִישׁ אֵל וִיכַזֵּב":
(ב) אִם כֵּן לָמָּה נֶאֱמַר בַּתּוֹרָה (דברים יח יח) "נָבִיא אָקִים לָהֶם מִקֶּרֶב אֲחֵיהֶם כָּמוֹךָ". לֹא לַעֲשׂוֹת דָּת הוּא בָּא אֶלָּא לְצַוּוֹת עַל דִּבְרֵי הַתּוֹרָה וּלְהַזְהִיר הָעָם שֶׁלֹּא יַעַבְרוּ עָלֶיהָ. כְּמוֹ שֶׁאָמַר הָאַחֲרוֹן שֶׁבָּהֶן (מלאכי ג כב) "זִכְרוּ תּוֹרַת משֶׁה עַבְדִּי". וְכֵן אִם צִוָּנוּ בְּדִבְרֵי הָרְשׁוּת כְּגוֹן לְכוּ לְמָקוֹם פְּלוֹנִי אוֹ אַל תֵּלְכוּ. עֲשׂוּ מִלְחָמָה הַיּוֹם אוֹ אַל תַּעֲשׂוּ. בְּנוּ חוֹמָה זוֹ אוֹ אַל תִּבְנוּהָ. מִצְוָה לִשְׁמֹעַ לוֹ. וְהָעוֹבֵר עַל דְּבָרָיו חַיָּב מִיתָה בִּידֵי שָׁמַיִם שֶׁנֶּאֱמַר (דברים יח יט) "וְהָיָה הָאִישׁ אֲשֶׁר לֹא יִשְׁמַע אֶל דְּבָרַי אֲשֶׁר יְדַבֵּר בִּשְׁמִי אָנֹכִי אֶדְרשׁ מֵעִמּוֹ":
(ד) וְכֵן אִם עָקַר דָּבָר מִדְּבָרִים שֶׁלָּמַדְנוּ מִפִּי הַשְּׁמוּעָה אוֹ שֶׁאָמַר בְּדִין מִדִּינֵי תּוֹרָה שֶׁה' צִוָּה לוֹ שֶׁהַדִּין כָּךְ הוּא וַהֲלָכָה כְּדִבְרֵי פְּלוֹנִי הֲרֵי זֶה נְבִיא הַשֶּׁקֶר וְיֵחָנֵק. אַף עַל פִּי שֶׁעָשָׂה אוֹת. שֶׁהֲרֵי בָּא לְהַכְחִישׁ הַתּוֹרָה שֶׁאָמְרָה (דברים ל יב) "לֹא בַשָּׁמַיִם הִיא". אֲבָל לְפִי שָׁעָה שׁוֹמְעִין לוֹ בַּכּל:
(
(1) It is a clear and manifest principle concerning the Torah that as a Law it is permanently established forever and evermore; and that it is not subject to mutibility, nor to diminution, nor to amendment; for it is said: "All this word which I command you, that shall ye observe to do; thou shalt not add thereto, nor diminish from it" (Ibid. 13.1); and it is further said: "But the things that are revealed belong unto us and to our children forever, that we may do all the words of this law" (Ibid. 29.28). Herefrom we learn that according to all the words of the Torah we are commanded to do forever. It is, moreover, said: "a statute forever throughout your generations" (Num. 15.15); and again it is said:1See Baba Mezi’a 59. C. "It is not in heaven" (Deut. 30.12); herefrom we learn that no prophet is thereafter permitted to make any innovation. Therefore, should a man rise up, whether he be from among the Gentiles or whether from among Israel, and deliver a token and perform a miracle saying, that God hath sent him to add a commandment, or to diminish a commandment, or to interpret a certain commandment of among the commandments with such interpretation as we have not heard by tradition from Moses; or he said, that these commandments with which Israel was charged are not forever and throughout all generations, but that they were commandments in keeping with those times only, behold him, he is a false prophet, seeing that he came to deny the prophecy of Moses; and his punishment is death by strangulation, because he wilfully spoke in the name of God concerning that which He did not charge him; for He, blessed is He! commanded Moses, saying, that this enactment was "unto us and unto our children forever" (Deut. 29.28); and, "God is not a man that He should lie" (Num. 23.19).
(2) If it be so, wherefore is it said in the Torah: "I will raise them up a prophet from among their brethern, like unto thee" (Deut. 18.18)? Indeed, not to establish a religion is he to come, but to command concerning the words of the Torah and warn the people not to transgress it, as the last of among them said: "Remember ye the Torah of Moses My servant" (Mal. 3.22). Likewise if he command us concerning secular things, for example: Go ye to yon place, or do not go; join battle this day, or do not join, construct this fortress, or do not construct it, it is mandatory to hearken unto him, and whosoever deliberately disregards his words has forfeited his life to Heaven, for it is said: "And it shall come to pass that whosoever will not hearken unto My words which he shall speak in my Name, I will require it of him" (Deut. 18.19).
(4) In like manner, if he abolish aught of the things which we did learn by tradition, or if he say concerning a given law of the laws of the Torah that God charged him to interpret the law thus, and that the law should be decided in favor of that man, behold, he is a false prophet, and shall be strangled, even though he delivered a token; for, lo, he came to refute the Torah wherein it is said: "It is not in heaven" (Ibid. 30.12). Nevertheless, if his charge be of a temporary nature, we must hearken unto him in everything.
(יא) עַל־פִּ֨י הַתּוֹרָ֜ה אֲשֶׁ֣ר יוֹר֗וּךָ וְעַל־הַמִּשְׁפָּ֛ט אֲשֶׁר־יֹאמְר֥וּ לְךָ֖ תַּעֲשֶׂ֑ה לֹ֣א תָס֗וּר מִן־הַדָּבָ֛ר אֲשֶׁר־יַגִּ֥ידֽוּ לְךָ֖ יָמִ֥ין וּשְׂמֹֽאל׃
(1) Right or left: "Even if he tells you about the right that it is left or about the left that it is right" - [that is] the language of Rashi. And its matter is that even if you think in your heart that they are erring, and the thing is simple in your eyes - [just] like you know [the difference] between your right and your left - do like they command. And do not say, "How can I eat this completely forbidden fat" or "How can I kill this innocent man," but rather say, "So did the Master who commands command me to do with the commandments, that I should do His commandments, according to all that those that stand in front of Him - 'in the place that He shall choose' - instruct me; and He gave me the Torah upon the understanding of their minds, even if they err." And this is like the matter of Rabbi Yehoshua with Rabban Gamliel about Yom Kippur that fell out according to the calculation [of Rabbi Yehoshua] (Rosh Hashanah 25a). And the need for this commandment is very great, since the Torah is given to us in writing, and it is known that the opinions are not [all] the same concerning all of its implications. And [otherwise] the disagreements would grow and the Torah would become several Torahs. And the verse set forth that we should listen to the High Court that stands in front of God 'in the place that He shall choose,' about all that they tell us concerning the understanding of the Torah - whether they received its understanding, one witness from the mouth of another, and Moshe from the mouth of the Omnipotent; or they say thus according to the meaning of the Scripture. Or its intention is that in accordance with their opinion does He give them (other [variants of the text]: us) the Torah: even if it is in your eyes like the replacing of the right with the left; and all the more so, when they say about the right that is right - that you must think that the spirit of God is upon the servants of His Temple, 'and He will not leave His pious ones, they will always be protected' from erring and from stumbling. And the language of Sifrei on Shoftim 154 is "Even if they show to your eyes about the right that is the left and the left that it is the right, listen to them."
(ט) שָׁלַח לוֹ רַבָּן גַּמְלִיאֵל, גּוֹזְרַנִי עָלֶיךָ שֶׁתָּבֹא אֶצְלִי בְּמַקֶּלְךָ וּבִמְעוֹתֶיךָ בְּיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בְּחֶשְׁבּוֹנְךָ. הָלַךְ וּמְצָאוֹ רַבִּי עֲקִיבָא מֵצֵר, אָמַר לוֹ, יֶשׁ לִי לִלְמוֹד שֶׁכָּל מַה שֶּׁעָשָׂה רַבָּן גַּמְלִיאֵל עָשׂוּי, שֶׁנֶּאֱמַר (ויקרא כג), אֵלֶּה מוֹעֲדֵי יְיָ מִקְרָאֵי קֹדֶשׁ, אֲשֶׁר תִּקְרְאוּ אֹתָם, בֵּין בִּזְמַנָּן בֵּין שֶׁלֹּא בִזְמַנָּן, אֵין לִי מוֹעֲדוֹת אֶלָּא אֵלּוּ. בָּא לוֹ אֵצֶל רַבִּי דוֹסָא בֶּן הַרְכִּינָס, אָמַר לוֹ, אִם בָּאִין אָנוּ לָדוּן אַחַר בֵּית דִּינוֹ שֶׁל רַבָּן גַּמְלִיאֵל, צְרִיכִין אָנוּ לָדוּן אַחַר כָּל בֵּית דִּין וּבֵית דִּין שֶׁעָמַד מִימוֹת משֶׁה וְעַד עַכְשָׁיו, שֶׁנֶּאֱמַר (שמות כד), וַיַּעַל משֶׁה וְאַהֲרֹן נָדָב וַאֲבִיהוּא וְשִׁבְעִים מִזִּקְנֵי יִשְׂרָאֵל. וְלָמָּה לֹא נִתְפָּרְשׁוּ שְׁמוֹתָן שֶׁל זְקֵנִים, אֶלָּא לְלַמֵּד, שֶׁכָּל שְׁלשָׁה וּשְׁלשָׁה שֶׁעָמְדוּ בֵית דִּין עַל יִשְׂרָאֵל, הֲרֵי הוּא כְבֵית דִּינוֹ שֶׁל משֶׁה. נָטַל מַקְלוֹ וּמְעוֹתָיו בְּיָדוֹ, וְהָלַךְ לְיַבְנֶה אֵצֶל רַבָּן גַּמְלִיאֵל בְּיוֹם שֶׁחָל יוֹם הַכִּפּוּרִים לִהְיוֹת בְּחֶשְׁבּוֹנוֹ. עָמַד רַבָּן גַּמְלִיאֵל וּנְשָׁקוֹ עַל רֹאשׁוֹ, אָמַר לוֹ, בֹּא בְשָׁלוֹם, רַבִּי וְתַלְמִידִי, רַבִּי בְחָכְמָה, וְתַלְמִידִי שֶׁקִּבַּלְתָּ דְּבָרָי:
(9) [Upon hearing this,] Rabban Gamliel sent [Rabbi Yehoshua] word, saying, "I decree upon you to come to me with your staff and your money on the day that comes out to be Yom Kippur, according to your calculation." Rabbi Akiva went to [Rabbi Yehoshua], and found him grieving; he said to him, "I have with what to teach, that all that Rabban Gamliel has done is [bindingly] done, as it is stated (Leveticus 23:4), 'These are the feasts of the Lord, holy convocations which you shall proclaim;' whether at their [proper] time, or whether not at their [proper] time, I have no holy convocations except [for the ones proclaimed by the court." When Rabbi Yehoshua] came to Rabbi Dosa ben Harkinus, [the latter] said to him, "If we are to [question the decisions] of the court of Rabban Gamliel, we must [also question the decisions] of all the courts which have stood, from the days of Moshe until [today]; as it is stated, (Exodus 24:2), 'Moshe, Aharon, Nadav, Avihu, and seventy of the elders of Israel went up.' Why were the names of the elders not specified? Rather [it was] to teach, that every three men that form a court [to be responsible] over Israel, behold [that court] is to be [considered] like the court of Moshe." [After this], Rabbi Yehoshua took his staff and his money in his hand, and went to Yavneh to Rabban Gamliel on the day that came out to be Yom Kippur, according to his calculation. [At that point], Rabban Gamliel stood up, and kissed him on his head, [and] he said to him, "Come in peace, my teacher and my disciple! My teacher — in wisdom; and my disciple — in that you accepted my words."