Studies in Judaism, First SeriesSchechter, S. (Solomon)
Religion
Studies in Judaism, First Series
Schechter, S. (Solomon)
Jews
of the community. The relaxation of certain traditional laws was also
permitted when they involved a serious loss of property, or the sacrifice
of a man’s dignity. Some old decrees were even permitted to fall into
oblivion when public opinion was too strong against them, the Rabbis
holding that it was often better for Israelites to be unconscious sinners
than wilful transgressors. The _Minhag_, or religious custom, also played
an important part, it being assumed that it must have been first
introduced by some eminent authority; but, if there was reason to believe
that the custom owed its origin to some fancy of the populace, and that it
had a pernicious effect on the multitude, no compunction was felt in
abolishing it.
Very important it is to note that the Oral Law had not at this period
assumed a character of such rigidity that all its ordinances, etc., had to
be looked upon as irremovable for all times. With those who think
otherwise, a favourite quotation is the administratory measure laid dawn
in Tractate _Evidences_,(150) I. 5, where we read that no _Beth Din_ has
the right of annulling the dicta of another _Beth Din_, unless it is
stronger in numbers (having a larger majority) and greater in wisdom than
its fellow tribunal. Confess with becoming modesty that the world is
always going downhill, decreasing both in numbers and in wisdom, and the
result follows that any decision by the earlier Rabbis is fixed law for
all eternity. Weiss refutes such an idea not only as inconsistent with the
nature of Tradition, but also as contradictory to the facts. He proves by
numerous instances that the Rabbis did abolish ordinances and decrees
introduced by preceding authorities, and that the whole conception is
based on a misunderstanding. For the rule in question, as Weiss clearly
points out, originally only meant that a _Beth Din_ has no right to undo
the decrees of another _contemporary Beth Din_, unless it was justified in
doing so by the weight of its greater authority. This was necessary if a
central authority was to exist at all. Weiss is indeed of opinion that the
whole passage is a later interpolation from the age of R. Simeon b.
Gamaliel II., when certain Rabbis tried to emancipate themselves from the
authority of the Patriarch. But it was not meant that the decision of a
_Beth Din_ should have perpetual binding power for all posterity. This was
left to the discretion of the legislature of each generation, who had to
examine whether the original cause for maintaining such decision still
existed.
The rest of this volume is for the greater part taken up with complete
monographs of the Patriarchs and the heads of the schools of that age,
whilst the concluding chapters give us the history of the literature, the
Midrash, Mechilta, Siphra, Siphré, Mishnah, etc., which contain both the
Halachic and the Agadic sayings emanating from these authorities.
Public-domain text, read in full here on John Shaqi.
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