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In this week’s portion, we are told to appoint judges. This harks back to the very first court system proposed by Moses’ father-in-law, Jethro, who created a series of courts to adjudicate disputes, with Moses serving as the “chief justice.”
In this week’s reading, portion Shoftim, the corollary to this is expressed: judicial verdicts have absolute religious validity, and must be fully accepted. The Torah states, “You shall act in accordance with the instructions given you and the ruling handed down; you must not deviate from the verdict that they announce to you either to the right or to the left.” (Deuteronomy 17:11)
But why, one may ask, should these decisions be accepted? Does anyone really claim to know, with absolute certainty, how the laws of the Torah should be applied? Absent a prophetic vision, we must rely on reason alone. And in contrast to direct revelation of the Torah, this seems like pretty weak tea (or perhaps chicory coffee).
The Talmudic rabbis of the second through sixth century CE believed – and we accept – that their words have as much validity as those of the Torah itself. Indeed, the Talmud uses several different expressions to convey this idea, such as “the Talmudic Sages strengthened their decrees as forcefully as those of the Torah.”
Let’s take a well-known example: the Chanukkah blessings. These include the phrase “Blessed are You, O G-d, king of the Universe, who sanctified us and commanded us to light the menorah.” Now, Chanukkah isn’t mentioned in the Bible anywhere – it’s a creation of the Talmudic Sages. So how can we say that G-d commanded us, when G-d didn’t directly do so?
The Sages give the following answer (Babylonian Talmud, Shabbat 23a)
Rav Avya said: The obligation to recite the Chanukkah blessing is derived from the verse: “You shall not turn aside from the sentence which they shall declare unto you, to the right, nor to the left” (Deuteronomy 17:11). From this verse, the mitzva incumbent upon all of Israel to heed the statements and decrees of the Sages is derived. Therefore, one who fulfills their directives fulfills a divine commandment.
Interpreting the Torah is a challenge for rabbis and leaders in every generation. It was, and is, an awesome responsibility. Acceptance of rabbinic decisions is as crucial today as acceptance of the Torah on Sinai was thousands of years ago.
- Rabbi Scott Hoffman
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