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September 9, 2024 12:22 am at 12:22 am #2312702Always_Ask_QuestionsParticipant
This is not about politics, but about Devarim 17:11 and Rashi that quotes Sifre that you should listen to judges even when they tell you that yamina is smala. This seems like a good point to anchor opinions on when and how to listen to rabbinical opinions – to whom? to what opinions? under what conditions? We discuss it often, but maybe someone can help me to go through related commentary, we can better ground our opinions in sources.
I perused Nehama Leibowitz on this parsha and she mentions that Rashi omits several words from Sifre – “you should listen if IT SEEMS TO YOU that you call right left” and there is also a Yerushalmi that suggests the opposite. So some meforshim seem to create a diyuk between cases where you are not fully sure of your opinion and you then should follow the opposing psak and cases where you are 100% knowledgeable and then do not have to. I am sure, there is more here, would appreciate additional material.
September 9, 2024 10:39 am at 10:39 am #2313040ShazsheriParticipantExcellent, excellent, excellent questions.
goneSeptember 9, 2024 4:28 pm at 4:28 pm #2313286ParticipantParticipantHello, Rabbi Shazsheri. Did a yeshiva bochur bully you when you were a kid?
September 9, 2024 7:29 pm at 7:29 pm #2313316Menachem ShmeiParticipantThe Rebbe spoke about this and brought many sources on the matter in Likkutei Sichos vol. 5 pg. 127 fn. 25-26.
See footnotes 25-26 here: https://hebrewbooks.org/pdfpager.aspx?req=14928&st=&pgnum=139&hilite=
Some points mentioned there (I didn’t get to look up all the sources yet, so I’ll just quote as they’re written there):
1. Many Rishonim (רשב”א, רא”ש, ספר החינוך, ספר זכרונות) hold that the mitzvah of לא תסור applies in all generations, not just the Beis Din Hagadol.
ספר יראים argues.2. Many meforshei Rashi explain Rashi like the sifre – “only if it SEEMS.” However, from the fact that Rashi omits these words it seems like he doesn’t want to be mefaresh that way.
3. Indeed, the Gur Aryeh understands Rashi literally, ימין ושמאל כמשמעו, דאף אם הם טועים בדין – “literally left or right, even if they ERR in judgment.”
See the above link for more sources and discussion on the matter.
September 9, 2024 7:29 pm at 7:29 pm #2313325Always_Ask_QuestionsParticipantInteresting about sifre versions. As Rashi is not quoting be eine einecha, maybe he also had a different girsa? But such important methodological question can’t hang on a girsa of one sifre, thanks for bringing additional sources.
September 10, 2024 10:01 am at 10:01 am #2313362Always_Ask_QuestionsParticipantMenachem, thanks. Having authorities on both sides seems to be not helpful when the issue is … should we follow them. So far, we got several ways to split the difference:
– yor own clear knowledge v. some sofek
– beit din hagadol v our times
– being able to present the case to the judge
– did Rashi have a different girsa or on purpose omitting words from SifreSeptember 10, 2024 10:01 am at 10:01 am #2313371Always_Ask_QuestionsParticipantNehama Leibowitz brings Haketav Vehakabbalah: but if you are absolutely certain tha they are mistaken, the Talmud has already instructed you not to listen to them in the event of them calling the right, left etc – Rashi’s words needs amending.
I also see someone musing on the Ramban’s position that one can have his own opinion until he presented his argument to BDG, that the goal is unity. So, the one who disagrees should go and make his argument. A relevant case that also talks about unity – Mishna Rosh Hashona where R Gamliel forces R Yehoshua to violate – arguably – Yom Kippur.
So, if we apply unity criterion – it may not be appropriate to Jewry in general with such large division on many social issues, but it can apply to a specific community. If you are member of a homogeneous kehilah, you need to be mindful of the unity.
September 10, 2024 10:01 am at 10:01 am #2313389ShazsheriParticipant@menachem-shmei There is no such רשב״א, there is no such רא״ש, and there is no ראשון by the name of ספר זכרונות.
September 10, 2024 2:49 pm at 2:49 pm #2313783Menachem ShmeiParticipant@menachem-shmei There is no such רשב״א, there is no such רא”ש
How are you so sure? Did you check up the sources in the link I posted?
My earlier post was written quickly, without checking anything up.
Now I looked into this a little.The Rashba writes clearly that לא תסור applies to chachomim of all times:
https://hebrewbooks.org/pdfpager.aspx?req=19563&st=&pgnum=171&hilite=
(שכב)There is no specific source for תשובות הרא”ש, so it was hard to find, but maybe it was referring to here:
https://www.hebrewbooks.org/pdfpager.aspx?req=1961&st=&pgnum=64
(סי’ ח-ט)
[Happens to be FIERY teshuvos!]and there is no ראשון by the name of ספר זכרונות.
Correct, I shouldn’t have written “many Rishonim”. That was my mistake (not from the sicha I was quoting).
Sefer Zichronos is by R’ Shmuel Abuhav (1600s). Here’s what it says:
https://beta.hebrewbooks.org/reader/reader.aspx?sfid=32266#p=5&fitMode=fitwidth&hlts=&ocr=September 10, 2024 4:04 pm at 4:04 pm #2313832ShazsheriParticipant@menachem-shmei Thanks for the links. I’ll repeat myself. There’s no such רשב״א, there’s no such רא״ש, and the ספר הזכרונות is an obscure אחרון who brings ראיות קלושות to his opinion on לא תסור. If you scour hebrewbooks, you can find an obscure אחרון to back up any opinion you may have on anything.
September 10, 2024 4:04 pm at 4:04 pm #2313814DaMosheParticipantI’d posted this a while back on a separate thread:
The Riva says the left/right mentioned in the pasuk refers to Rabbonim telling us not to do a mitzvah such as Shofar on Shabbos, or Arba Minim on Shabbos. It only refers to a mitzvah that they are telling us NOT to do.The Yerushalmi says in Horios that the pasuk means only if they say right is right and left is left. If they say otherwise, you do not listen.
There are many shitos against Rashi. Indeed, both Rambam and Ramban do not pasken like Rashi in this regard. There is a Sifre which Rashi bases it on, but again, many question the Sifre, and there are Gemoros in both bavli and Yerushalmi that say otherwise. R’ Ovadia Yosef reconciles the two views as I mentioned above – you have to confront the Rav if you think he erred. Until you confront him, you do not listen. The Yad HaMelech states that if you listen when you think he erred just because you think you have to listen, you are required to bring a korbon chatas. Only after confronting the Rav with the opposing view, and he stands by what he said, are you required to listen.
September 10, 2024 6:14 pm at 6:14 pm #2313861Menachem ShmeiParticipant@menachem-shmei Thanks for the links. I’ll repeat myself. There’s no such רשב״א, there’s no such רא״ש
You’re welcome.
How does repeating yourself help? Don’t those links (especially the Rashba) clearly hold that לא תסור is not only referring to בית דין?
Or maybe you can just claim that there is no such Rashba/Rosh and I’m obligated to believe you, because אפילו שיאמרו לך על הימין שהוא שמאל? 😀
September 10, 2024 6:14 pm at 6:14 pm #2313872Always_Ask_QuestionsParticipantA question – so what if I do not confront the Rav?
It could be that I am just full of myself in certain area of halakha or chochma and I don’t think Rav feels the same or I have more serious reasons. Let’s say I respect him in many aspects and his deep Torah learning, but I recognize his limitations? For example, he would not pasken against his roshei yeshovos directly even as his learnign in general is wider than theirs; or he will be in a difficult social position if the psak goes against community parnasim; or the psak will cause mahlokes if publicized – and he may not trust me to keep the secret psak…
So, in the case where I am able to confront but do not – do I still have a license to carry my own opinion?
September 11, 2024 10:26 am at 10:26 am #2313907ShazsheriParticipant@menachem-shmei The links don’t mention one word about לא תסור. A) They are discussing how to pasken for the public (כללי הוראה), not how to act personally. B) The רשב״א says להדיא that one may be חולק on a greater חכם if he has a ראיה. That’s מפורש. And the פוסקים extend this even further. See שאילת דוד.
@always_ask_questions Again, as long as you’re not ruling for others, you always have a right to follow your own opinion if you are confident you are right. The only exception is if you or you קהילה have universally accepted all of this Rabbi’s פסקים or if you actually went to the Rabbi and asked him for a פסק, which constitutes a commitment to follow his פסק. Confronting is only applicable when there is a ב״ד הגדול whom there is an obligation to follow blindly.September 11, 2024 10:27 am at 10:27 am #2314026smerelParticipantThe issue is a machlokes. The Chinuch on the posuk very clearly says to listen to them even you KNOW -not just think- they are wrong. Reason being better to follow them in this one mistake than risk the many mistakes if everyone did what they thought was right. Halacha L’maaseh it is also a common shaalo .e.g If you know a piece of meat is kosher or non-kosher but a Rav or Beis Din ruled otherwise are you allowed to eat it. The Minchas Elozar even goes so far as to discuss if someone knew he was innocent but Sanhedrin paskened he is chayiv misah is he allowed to run away (he says yes due to Pikuach Nefesh) Seems to me like those who say either way have legitimate sources. But perhaps this is just another area that I’m totally mistaken for not listening to people who know a lot more than me that take a clear position on this.
September 11, 2024 3:46 pm at 3:46 pm #2314145Menachem ShmeiParticipantThe links don’t mention one word about לא תסור.
Rashba:
אל החכמים שומעין בכל זמן שהרי כתוב ואל השופט אשר יהיה בימים ההם ואפילו אומרין על הימין שהוא שמאלSeptember 12, 2024 8:40 am at 8:40 am #2314224Always_Ask_QuestionsParticipantMenachem, this seems to be saying – also listen to a shofet, even if he is not so much chacham? Yiftah?
Smerel, it is a good point about machlokes. Maybe, this is what Rashi and others presume without saying so explicitly – that we are discussing open communal behaviors, not private matters (as is the overall theme of the psukim around this).
Even in public matters, there might be ways to hold your own, without causing a machlokes. I once heard a Talmid Chacham talking at a conference for a certain social problem. He described what he does and then pointed to the head of a bigger organization sitting on the panel and said – Rav suggested that we join our efforts, but I prefer to run my own for which I can be fully responsible. That is, he clearly disagreed on something, but did not want to publicize the disagreement, just the fact that his group is doing things the way he thinks is kosher.
September 12, 2024 8:40 am at 8:40 am #2314240smerelParticipantTo clarify my comment above. The question of listening to Gedoley Torah even when they are wrong is about halacha or Torah haskafa issues .There would be very few sources if any to listen to contemporary gedolim in the non halachic or haskfic political or social context that listening to gedolim is sometimes used these days. Let alone when you KNOW they are wrong.
September 15, 2024 7:56 am at 7:56 am #2314579Always_Ask_QuestionsParticipantsmerel, this is another good hiluk, thanks – in which topics to listen. While, as I mentioned before, my daas Torah paskens that there is no daas Torah, I still think that we should not limit which topics are of interest to Torah. Tzedek Tzedek tirdof alone would include anything that affects social issues. As another example, a group of Rabbonim offer job search advise at the end of Kiddushin (not just the often repeated last one that one should only learn Torah).
September 15, 2024 7:57 am at 7:57 am #2314693IshpurimParticipantRabbi YZM who was the chief Rabbi of Koenigsberg was a talmid of RAE. He was zoche to see the SA wandering and actually smacked him in mistaken identity. His Haksav Vehakabala created a new genre in parshanut connecting the 2 Torahs.
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