A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Sefer Hachinuch

Misva #495: Obeying the Rulings of the Sanhedrin

Lectured by Rabbi Eli Mansour

Published
June 26, 2023
Duration
04:05

Lecture Text

Today's Lesson is Sponsored
in loving memory of Yona bat Ester A"H
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The Torah commands in Parashat Shoftim (Debarim 17:10) that after the Bet Din Ha’gadol – the highest Rabbinic court – issues a ruling, “Ve’asita Al Pi Ha’dabar Asher Yagidu Lecha” – one is required to abide by the ruling. This verse introduces an affirmative command to obey the rulings of the Sanhedrin.

This Misva applies regardless of whether the scholars arrived at their ruling based on deductive reasoning, or by applying the thirteen “Middot She’ha’Torah Nidreshet Bahen” (methods by which Halachot are extracted from the text of the Humash). Likewise, if the judges on the court unanimously agreed on a certain matter for reasons which are not known, everyone is obliged to abide by the decision.

The Sefer Ha’hinuch writes that nowadays, in the absence of the Sanhedrin, we have certain guidelines for how to act when the leading scholars disagree on a Halachic issue. If the Rabbis are equal in their level of scholarship, then we should follow the stringent position when matters of Torah law are concerned, whereas regarding matters involving laws enacted by the Sages, we may rely on the lenient view.

The Sefer Ha’hinuch also addresses in this context the question of whether a court can reverse decisions made by a court in an earlier generation. He writes that a court may not reverse an earlier court’s decision that has gained widespread acceptance among the Jewish People, even if they have determined that the previous court’s ruling was erroneous. They may reverse an earlier court’s decision only if they are greater than that earlier court both in “Hochma” (scholarship) and “Minyan” (numbers). And even then, they may reverse only a Halachic ruling; they may not repeal an edict issued by an earlier court for the purpose of safeguarding a Torah law. The Sefer Ha’hinuch in this instance does not follow the view presented by the Rambam in the second chapter of Hilchot Mamrim. The Rambam there writes that a court’s rulings are authoritative for that generation even if it reverses the ruling of the court in an earlier generation.

This command applies whenever there is a Sanhedrin, and is binding upon both men and women alike.

The Sefer Ha’hinuch concludes by noting that even nowadays, when we do not have a Sanhedrin, we are to obey the “Hacham Ha’gadol Asher Yiheyeh Bi’zmanenu” – the leading scholar of our generation. His rulings are to be seen as binding and authoritative, and must be obeyed.

Furthermore, the Sefer Ha’hinuch writes, although one who transgresses this command is not liable to punishment by the court (as the court does not punish for violations of affirmative commands), nevertheless, violators of this command will be severely punished. The Sefer Ha’hinuch explains that this Misva is “the strong pillar upon which the Torah leans,” and one who disobeys the Sanhedrin is thus considered to undermine the very foundations of Judaism. Therefore, he is deserving of harsh punishment.