samet@sfmag.UUCP (A.I.Samet) (06/06/85)
> The Talmud was written by men and is the discussion of men. The > Rabbis were empowered to interpret the Torah following a set of guidelines, > known as the 'Middot sheHatorah nidreshet bahem', the rules by which the > Torah is interpreted. The Talmud has different lists of rules ranging from > 13 rules to 42 rules ( as I remember; I might be wrong ). The rabbis in > the time of the Talmud knew how to apply these rules and therefore how to > interpret the Torah. We today do not know how to use these rules; we simply > know of their existence. If we could somehow find out how to properly use > these rules we could, theoretically, disagree with the Talmud. However, since > we do not know how to implement the rules we must abide by the Talmud. > [Eliyahu Teitz] The above does not mention certain halachic limitations on our ability to disagree with the Talmud/poskim. After a private correspondance with Eliyahu I am posting the following clarifications at his suggestion. He stated that he agrees with these points, adding however, that there are cases where the amoraim disagree with the mishna. (I am unaware of these.) 1)The rulings of the talmud were accepted by all of klal yisroel (the Jewish people) after the close of the Talmud. They are halachically binding for that reason. 2) A bes din (rabbinical court) cannot override the ruling of an earlier one unless it is greater in both scholarship and in numerical support from the scholarly community (godol b'chochmah ub'minyan). The rishonim did not consider themselves great enough to argue with the amoraim. The same is true of the achronim with respect to rishonim and of the amoraim with respect to the mishna. (The amoraim are the rabbis of the Talmud. The Rishonin and achronim are rabbis of later historical periods.) 3) The idea of smicha (ordination) is that one generally needs permission from his rebbe (teacher) or from the local halachic authority, to rule on halachic matters while in the jurisdictional domain of that person/authority. 4) If a bes din is established in a city, setting up a second bes din violates the din of "lo tisgodadu", which proscribes invasion of jurisdiction. 5) A rav cannot override a chezkas issur (halachic status quo created when something is ruled as forbiden) created by a psak of another rav who is greater than he. Their are undoubtedly several more points of this type. Yitzchok Samet