Swimming in the Sea of Talmud: 8. Following Orders

(8) If a case is too baffling for you to rule on, whether between blood and blood, between rule and rule, between affliction and affliction — matters of controversy in your gates — rise and go to the place that Hashem your God will choose, (9) and appear before the Levite priests or the judge who will be at the time, and ask, and they will tell you the ruling. (10) And you will act according to the verdict they tell you from that place that Hashem will choose and take care to do all that they instruct you. (11) According to their instructions (torah) and the ruling they tell you, so you will act. Do not deviate from the verdict they tell you to the right or to the left.

MATTERS OF CONTROVERSY — that the scholars of the city be of different opinions in the particular matter, this one declaring it ritually impure and this one ritually pure, this one convicting and this one acquitting.

ואל השפט אשר יהיה בימים ההם [AND THOU SHALT COME UNTO THE PRIESTS …] AND UNTO THE JUDGE THAT SHALL BE IN THOSE DAYS — The last apparently redundant words suggest: and even though he is not as eminent as other judges that have been before him, you must obey him — you have none else but the judge that lives in your days (i.e. you are only concerned with him) (Rosh Hashanah 25b).

TO THE RIGHT OR TO THE LEFT — even if he tells you that right is left and left is right, and all the more so if he says to you that right is right and left is left (cf. Sifrei Devarim 154:5).

(1) The Supreme Court in Jerusalem represents the essence of the Oral Torah. Its members are the pillars of direction; law and order emanate from them to all of Israel. Concerning them the Torah promises as it is said: "...according to their instructions (torah) " (Deuteronomy 17:11)— this is a positive mitzvah. Anyone who believes in Moses, our rabbi, and in his Torah, must relate religious practice to them and lean upon them.

(2) Anyone who does not act according to their instructions violates a negative mitzvah, as it is said, "Do not deviate from the verdict they tell you to the right or to the left." (ibid.) ... Whether they learned the matters from tradition and they are Oral Torah or they learned the matters through their intellect, from the principles through which Torah is expounded and they believe that the matter is so. Whether these are matters through which they made a fence for the Torah according to the needs of the time, which are decrees (gezerot), ordinances (takkanot), and customs (minhagot). All of these three matters (categories) — it is a positive mitzvah to heed them. And one violates one of them violates a negative [mitzvah]. Behold it says, "...according to their instructions (torah) " (ibid.) — these are the ordinances (takkanot) and decrees (gezerot) and customs (minhagot) that they will publicly instruct you in order to strengthen religion (or: law) and repair the world. "...and the ruling they tell you" (ibid.) — these are the matters they will learn from logic according to one of the principles through which Torah is expounded. From all "the verdict they tell you" — this is the tradition that the received one from another.

What does one bless? One blesses: "Who has sanctified us through his commandments (mitzvot) and commanded us to kindle the Hanukkah light." And where did He command us? Rav Avya said: From “Do not deviate..." (Deuteronomy 17:11).Rav Neḥemya said: “Ask your father and he will tell you, your Elders and they will say to you” (Deuteronomy 32:7).

Rava said: A hint at the secondary [forbidden relationships] in the Torah is from where? As it is said, “For all these abominations have the people of the land done” (Leviticus 18:27). “These” (ha-el) are harsh ones. By inference there are soft ones. And what are thy? The secondary [forbidden relationships]. What teaches that “these” [ha-el] is an expression for harsh? As it is written: “And the mighty (elei) of the land he took away” (Ezekiel 17:13).

Rav Kahana said: From here - “You shall guard (ushmartem) My prized possession (mishmarti)" (Leviticus 18:30). Establish a safeguard (mishmeret) for My prized possession (mishmarti).

- Abaye said to Rav Yosef: Behold it is biblical [then]!

- It is biblical and the rabbis interpreted it.

- All of the Torah is also interpreted by the rabbis! Rather, it is rabbinic and the verse is a mere support (askmakhta).

The residents of Beit She-an were accustomed not to go from Tyre to Sidon on Shabbat eve. Their children came before Rabbi Yoḥanan. They said to him: Our ancestors - it was possible for them. Us - it is not possible for us. He said to them: Your fathers already accepted this upon themselves, as it is said, “My child, hear your father’s discipline and do not abandon your mother’s teaching (torah)” (Proverbs 1:8).

The Rabbis taught: A case of a non-Jew who came before Shammai. He said to him: How many Torahs do you have? He said to him: Two, the Written Torah and the Oral Torah. He said to him: The Written - I believe you. And the Oral - I do not believe you. Convert me on condition that you will teach me the Written Torah. He scolded him and cast him out with reprimand. He came before Hillel. He converted him. On the first day, he said to him: Alef, bet, gimmel, dalet. The next day he reversed it. He said to him: But yesterday you did not tell me that. He said to him: Didn’t you rely on me myself? Regarding the Oral also rely on me!