Sunday, July 12, 2015

Daat Torah; The Mind (or Opinion) of Torah part 5


A crucial idea in the debate over Daat Torah is a Talmudic statement that in order to truly understand the Torah, we must inculcate "Emunat Chachamim". This is usually translated as "Faith in the Sages". How is this to be understood? The Torah commands us (Deuteronomy 17:8-13) to follow the instructions of the sages of the Sanhedrin. The Torah even stipulates a death penalty for those who do not accept their rulings. But what happens after the demise of the Sanhedrin, which occurred around the year 400?? RAMBAM rules that, after that, there is no universal rabbinic authority, other than a rabbi chosen by a community, for that community only. Other than that, we listen to what rabbis have to say, and hold their words up to the scrutiny of earlier sources, as well as logic. Rashi, expressing the view of most Ashkenazi rabbis at that time (11th century) posits that all great sages in a generation together form a sort of Sanhedrin. Their words are to be seen as binding according to Torah law. Moreover, there is a Talmudic concept of "halachah k'batrai" (the law follows the later authority). The idea here is that the later scholar has seen the words of the earlier scholars. If he has ruled against them, he surely had a good reason, even if that is not readily apparent to us. Therefore, according to this, a rabbi in 2022 can overrule a rabbi from a thousand years ago. This is a very strong concept in most Orthodox communities. Of course, this would not mean EVERY rabbi, but those who are noted for their vast knowledge and piety; the Gedolim. RAMBAM, on the other hand, states that the principle of "halachah k'batrai" only applies until about the year 400, as long as there was a Sanhedrin. After that, we go by who is most logical, and whose views conform with sources. This view is upheld in most Sepharadic communities and some Modern Orthodox. So what about "faith in the Sages"?
The fact is that the phrase probably doesn't mean that! Faith in the Sages would be translated into Hebrew as "Emunah BaChachamim". "Emunat Chachamim actually means "Faith OF the Sages"! That is, Judaism must be understood in terms of the Oral Tradition, as transmitted to us from Moses, through all the Sanhedrins and ultimately through their heirs, the Rabbis of the Talmud. It is saying that there is no other way to understand the Torah, except through the Oral Tradition The statement is NOT an automatic endorsement of the views of rabbis yet to be born. We are not to negate them, but Torah resides in sources, not personalities. A modern sage, according to this approach, is NOT an authority figure, but rather a repository of ancient treasure. We must learn, be inspired, and absorb the light of the millennia. We are not to close our minds, but open them.

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