Parenting from the Parsha- Parshat Shoftim-Understanding and Respecting Rabbinic Authority

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August 31 2022
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From my experience in the world of rabbinics and education, I have learned that many kids (particularly teenagers) struggle with the concept of Rabbinic authority. While many young men and women are able to accept the existence of G-d and the veracity of the Torah, they have trouble with the wide-ranging authority given to the Rabbis, and with the many Rabbinic expansions of Jewish law. Many get the sense that the Rabbis have over-extended the law through their various rules, causing Yahadut to feel very constricting.


The truth is that these questions and frustrations are not limited to teens. Many adults express them as well. Who are the “Rabbis”, and what gives them the authority to establish these rules and laws?


The initial answer is that Rabbinic Authority comes from G-d Himself- as Hashem declares in this week’s parsha (17:11), “According to the Torah that they will teach you and according to the judgement that they will say to you, shall you do; you shall not turn from the word that they tell you, right or left.”


While the exact parameters of this authority- who it applies to, what exactly the authority entails- are the subject of debate, what is clear from these pesukim is that G-d gives tremendous power to the Rabbis and involves them in the halachic process- to the point that the concept of Rabbinic Authority is itself Biblical in nature.


This fact has a few practical ramifications- one of which is expressed in a Gemara (Shabbos 23a) discussion concerning the bracha recited prior to the performance of a Rabbinic mitzva. The gemara asks: How can we recite the standard birkat mitzvah on Rabbinic mitzvot? The standard text includes the phrase “You (Hashem) have sanctified us with Your Mitzvot and commanded us…” These mitzvot, however, were not commanded to us by G-d, but rather by the Rabbis?  The gemara answers by quoting our parsha. G-d commands us to listen to the Rabbis- and therefore, it is wholly appropriate to use the term “that You commanded us” in the bracha on Rabbinic mitzvot as well.


Why does G-d give so much import and power to the Rabbis?


A full discussion and history of Rabbinic Authority is beyond our purview, but I think it would be valuable for us to identify and understand and a few foundational points. The concept of Rabbinic Authority is the bedrock of the Oral Law. In contrast to the Written Torah, the Oral law was passed down orally for generations, which inherently created a reliance on the authority of our great leaders to accurately pass down its contents. Additionally, and perhaps more fundamentally, built into the Halachic system is the need for the Rabbis to carry out two very important functions within the system.


The first function is Rabbinic interpretation. The written Torah contains many commandments and laws that are not fully explicated in the text itself- and the Rabbis are tasked with the interpretation of the Torah’s meaning, through the use of tools transmitted to Moshe. For example, the Torah repeatedly states that on Shabbat it is forbidden to perform “melocho”. The Torah, however, does not explain what “melocho” means. The all-important interpretation and definition of this term is left to the Rabbis.


The second function is Rabbinic legislation. This refers to the ability of the Rabbis to establish new laws as a way of protecting and safeguarding the laws of the Torah. The imagery often given is that of a fence that is build around a dangerous location, to ensure that people do not come too close. Based on their unique intuition regarding the nature of people, and out of a deep desire to ensure the commitment of Am Yisrael to the commandments of the Torah, the Rabbis create a “fence” around the mitzvot through Rabbinic laws. Such laws are not created arbitrarily- they are developed with tremendous thought and consideration.


Although the initial, and fundamental, level of Rabbinic interpretation and legislation was established by the time of the Mishna and Gemara, Rabbinic interpretation has continued throughout the centuries until today. As new realities, circumstances, and technologies present themselves in each generation, Rabbinic leaders are tasked with the interpretation and application of the Halacha to the contemporary issues of their day. 


With that in mind, we can better understand the crucial role that Rabbinic Authority plays in the world of Halacha. Absent G-d Himself appearing to interpret and apply the Torah to our modern realities, the halachic system itself requires that authority be given to the Rabbis to play that role. They must guide us in applying the Torah to our world. Such Rabbinic Authority enables Halacha to continue to be both timeless and timely, eternal and continually relevant to all generations. 


Of course, this does not mean that every person who gets semicha has the right to establish whatever laws he wants, nor does it mean that all Rabbis are infallible. Originally, the Rabbis who were given such authority were those who populated the pages of the Mishna, Gemara, Midrash, early Rishonim- and then the authority was passed to the few Torah giants of each generation who amassed enough Torah knowledge and mastery to make such important decisions. All other Rabbinic figures in our communities are simply sources of information regarding the law, not arbiters of the laws themselves. 


Given all of this, part and parcel of the tradition that we pass down to our children as parents must include a recognition and respect for Rabbinic Authority, and its place within our tradition. As always, much of what our children will learn about this topic will depend on what we model for them.


1)      What is our attitude towards Rabbinic commandments in general? How do we approach Rabbinic law? Do we work hard to find loopholes around these laws, or do we make negative comments regarding their importance, relevance and legitimacy? As we have clearly seen, the Torah expects complete fealty to Rabbinic law, even at times where a particular Halacha may be challenging or inconvenient.  


 


2)      How do we relate to Rabbis in our shuls and schools- and what do we model concerning those relationships to our kids? While, as we mentioned, most of the Rabbis and educators in our shuls and schools are not those who are given the far-reaching authority by the Torah, our shul Rabbis and school Rebbeim are the people who represent Judaism to ourselves and our kids. When we speak derisively or condescendingly about our community Rabbi or our children’s Rebbe- it inevitably changes the way that we look at our Judaism, and certainly has an impact upon our children’s view of the Torah that these Rabbis represent. While we should always encourage our children (and ourselves) to be respectful to people in authority, it is even more crucial that this respect be shown when the authority figures involved represent our Torah.  


In this week’s parsha, Hashem introduces us to the world of Rabbinic Authority- a concept crucial to the Oral Law and to the development and application of Halacha over the generations. Although this topic can sometimes be a source of frustration and resentment for ourselves and our children, we must strive to gain a better understanding regarding the importance of Rabbinic Authority within Judaism, and properly pass that knowledge and respect down to our children.


Wishing everyone a Shabbat Shalom!


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While many men and women are able to accept the existence of G-d and the veracity of the Torah, they have trouble with the wide-ranging authority given to the Rabbis, and with the many Rabbinic expansions of Jewish law. Many get the sense that the Rabbis have over-extended the law through their various rules, causing Yahadut to feel very constricting. Who are the “Rabbis”, and what gives them the authority to establish these rules and laws? What are the foundational points of Rabbinic Authority that we must understand and pass down to our children?

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