Halacha

What is more, if one hears (words of Torah) from a sage, it is as if he hears them from Sanhedrin, it being written (Ibid.) "the man of the gatherings," "gatherings" alluding to Sanhedrin, viz. (Bamidbar 11:16) "Gather unto Me seventy men from the elders of Israel."

And if one hears from Sanhedrin, it is as if he hears from Moses, viz. (Koheleth, Ibid.) "given by one shepherd (Moses)." And (Isaiah 63:11) "And they remembered the days of old, Moses and his people. Where is he who brought them up from the Sea? the shepherd of His flock? who placed in their midst His holy spirit?"

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.

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.

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). If it be so, wherefore is it said in the Torah: "I will raise them up a prophet from among their brethren, 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).²Sanhedrin, 89. C. Likewise, a prophet who violates his own words, or who witholds his prophecy forfeits his life to Heaven, and of the three it is said: "I will require it of him" (Ibid.). Moreover, should a prophet, who is known to us as a prophet, charge us to violate one of all the commandments spoken of in the Torah, or many commandments, whether minor or major, it is mandatory to hearken unto him, if it be a need of the time. Thus did we learn traditionally from the early sages: "In all matters, if the prophet tell thee to forego the words of the Torah, even as Elijah on Mount Carmel did, hearken unto him, save only in idolatry".³Yebamot, 90; Sifre, Deut. 18. C. Provided, however, that the violation be temporary as, for example, Elijah on Mount Carmel, who sacrificed a burnt-offering without, whereas Jerusalem was chosen the only place therefor, and whosoever sacrifices without is guilty and suffers excision. And, because he is a prophet, it is mandatory to hearken unto him, for even in this it is said: "Unto him ye shall hearken" (Deut. 18.15). Had they at that time asked Elijah, and said unto him: How can we abolish that which it is written in the Torah: "Take heed to thyself that thou offer not thy burnt-offerings in every place that thou seest" (Ibid. 12.13)? He would have replied: "This is not spoken of save against the one who sacrifices without continuously who is guilty and suffers excision, even as Moses hath commanded; but I am sacrificing this day without, because God wills it, so as to deny the prophets of Baal." In such manner, if all the prophets command to violate aught temporary, it is mandatory to hearken to them; but if they say that the matter be abolished forever, the one saying so is punished with death by strangulation, for the Torah said: "Unto us and to our children forever" (Ibid. 29.28). 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. All these matters were said only concerning the rest of the commandments, but concerning idolatry he must not be listened to, even it be temporary, and even if he delivered great tokens and performed great miracles and said that God commanded him that idolatry should be worshipped this day only, or this hour only; for, lo, this one spoke perversion against God, and concerning such one Holy Writ commanded, saying: "And the sign and the wonder come to pass…Thou shalt not hearken unto the words of that prophet…Because he hath spoken perversion against the Lord your God" (Ibid. 13. 2.4.6); and, lo, he came to refute the prophecy of Moses, we therefore know of a certainty that he is a false prophet, and all that which he did was done by enchantment and witchcraft, and he shall be strangled.

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."

Rabban Gamaliel sent to him: I order you to appear before me with your staff and your money on the day which according to your count should be Yom Hakippurim. Rabbi Akiva went and found him in distress. He said to him: I can teach that whatever Rabban Gamaliel has done is valid, because it says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim at their appointed times” (Leviticus 23:4), whether they are [proclaimed] at their proper time or not at their proper time, I have no other appointed times save these. He [Rabbi Joshua] then went to Rabbi Dosa ben Harkinas. He said to him: if we call in question the court of Rabban Gamaliel we must call in question the decisions of every court which has existed since the days of Moses until now. As it says, “Then Moses and Aaron, Nadav and Avihu and seventy of the elders of Israel went up” (Exodus 24:9). Why were the names of the elders not mentioned? To teach that every group of three which has acted as a court over Israel, behold it is like the court of Moses. He [Rabbi Joshua] took his staff and his money and went to Yavneh to Rabban Gamaliel on the day which according to his count should be Yom Hakippurim. Rabban Gamaliel rose and kissed him on his head and said to him: Come in peace, my teacher and my student my teacher in wisdom and my student because you have accepted my decision.

Rabbi Zeira said to himself: Is it possible that the Sages issued a decree on a mixture containing demai and the matter eventuated that Rav Asi ate forbidden food? Now, since even with regard to the animals of the righteous, the Holy One, Blessed be He, does not generate mishaps through them, is it not all the more so true that the righteous themselves would not experience mishaps?

They said to Hillel: Our teacher, if one forgot and did not bring a knife on the eve of Shabbat and cannot slaughter his Paschal lamb, what is the law? Since he could have brought the knife before Shabbat, he cannot bring it on Shabbat; but what should he do in this situation? He said to them: I once heard this halakha from my teachers but I have forgotten it. But leave it to the Jewish people; if they are not prophets to whom God has revealed His secrets, they are the sons of prophets, and will certainly do the right thing on their own.

These two scholars, however, began to dispute every decision Ḥanina rendered in response to questions raised in the study hall. He ruled it impure and they ruled it pure; he prohibited it and they permitted it. Eventually, he proclaimed about them: These people are worthless. They are good for nothing and they know nothing. They said to him: You have already built up our names and glorified us; you cannot now demolish. You have already built a fence and you cannot break through it.

The poor of among the idolaters are supported alike with the poor of Israel as a peaceful measure. The idolatrous poor should not be disturbed when gathering the gleanings, or a forgotten sheaf from, or the corners of the field, also as a peaceful measure.. It is also proper to greet them, even on their holiday, as a measure of peace, Never should the greetings be repeated twice, or call in the house of an idolater on his holiday to extend greetings to him. When meeting him on the street, greetings should be extended to him softly and seriously.

These two scholars, however, began to dispute every decision Ḥanina rendered in response to questions raised in the study hall. He ruled it impure and they ruled it pure; he prohibited it and they permitted it. Eventually, he proclaimed about them: These people are worthless. They are good for nothing and they know nothing. They said to him: You have already built up our names and glorified us; you cannot now demolish. You have already built a fence and you cannot break through it.

He said to them: Didn’t Rabbi Akiva ben Yosef also intercalate years and establish months outside of Eretz Yisrael? They replied to him: Leave the case of Rabbi Akiva, as, when he left, he did not leave behind anyone as great in Torah as he in Eretz Yisrael. Rabbi Ḥanina said to them: I also did not leave behind anyone as great as me in Eretz Yisrael. They said to him: The kids who you left behind have grown into goats with horns; they are greater than you are. And they sent us to you, and this is what they said to us: Go and tell him in our name: If he obeys, fine; and if he does not obey, he will be ostracized.

And in order to underscore this, tell our brethren in exile: If they obey the Sages of Eretz Yisrael to excommunicate Ḥanina, fine; and if they do not obey us, it is as if they are seceding from the Jewish people. They should climb a mountain; Aḥiya, one of the leaders of the Babylonian Jewish community, will build an altar, Ḥananya, son of Rabbi Yehoshua’s brother, who was a Levite, will play the lute, and all will proclaim heresy and say that they have no portion in the God of Israel.

This message had a profound impact on the people, and immediately the entire nation burst into tears, saying: God forbid. We do have a portion in the God of Israel. They reconsidered their plans to establish Babylonia as the center of the Jewish people.

The Gemara asks: Why did the Sages of Eretz Yisrael go to that extent to stop Ḥanina? The Gemara answers: Because it is stated: “For out of Zion shall go forth the Torah, and the word of the Lord from Jerusalem” (Isaiah 2:3).

The Gemara considers the details of this event: Granted, Ḥanina would rule an item pure and the Sages from Eretz Yisrael would rule it impure; they ruled stringently. But in a case where he ruled an item impure and they ruled it pure, what are the circumstances? How could they rule pure that which he ruled impure? Was it not taught in a baraita: If a Sage ruled an item impure, his colleague is not permitted to rule it pure; if he prohibited it, his colleague may not permit it? The Gemara explains: They held that they must do so in this case, so that people would not be drawn after him; due to the exigencies of the time they overturned his rulings.

(2)...As long as he needs treatment in the presence of danger or possible danger, we should desecrate the Sabbath for his sake by lighting or extinguishing a lamp, by slaughtering, baking, cooking, heating water for drinking or bathing. The gist of it all is: in consideration of a person who is seriously ill, the Sabbath is like a weekday regarding every thing he needs.

(3) These things should not be performed by non-Jews, minors, servants or women, lest they consider the Sabbath a light matter; instead, scholars and sages of Israel are to carry them out. One must not put off the desecration of the Sabbath in treating a serious patient, as it is written: "If a man obeys them he shall live by them" (Leviticus 18:5), but he must not die by them. From this you may infer that the laws of the Torah are not meant to wreak vengeance upon the world, but to bestow on it mercy, kindliness, and peace.