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Horayot 10 (עשה דהשלמה 2, צדוקין מודים בו, בטול וקיים מקצת)

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Date:
Jul 18, 2019
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1 hr 55 min 9 sec
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    1. Title: Davar Shehatziddukim Modi Bo
      Author: Menachem Hojda ,

      Shalom aleichem,I am currently learning Horayos and was struck by this term in the Gemara and how historically limited it is. I found your shiur on the topic and truly enjoyed it, but I had a thought and I wonder if you would be kind enough to share if this may make sense. Perhaps it lies in a fundamental difference between the Saducees and Pharasees regarding the role of Sanhedrin. The Saducess see the Torah as static. Torah as it was written (and understood) at Sinai is controlling and therefore the role of Sanhedrin is to interpret and apply the Torah. But the Pharasees see Torah as universal and therefore necessarily dynamic, therefore the Sanhedrin's role is to use the tools of Torah shebe'al peh to apply the Torah to a dynamic world. When they issue a ruling that condradicts a davar mephurash this is outside their authority as a Sanhedrin and this is either karov lemeizid and/or not a horaah me'alyah. However when they make a mistake in the application of a drasha this is a shogeg that requires a korban. Additionally applying the dynamic Torah Shebe'al Peh requires mesorah and being rauy lehora'ah. This is why the Gemara requires this in Horayot for a par he'elam davar shel tzibbur, but in Sanhedrin it is not the Sanhedrin, but rather a bes din shel chof gimmel. Therefore their role is simply to apply the Torah not to interpret it, and the requirements and qualifications are different. This could also explain the stirah in Rashi.Kol tuv,Menachem HojdaOak Park, MI

    2. Title: Davar Shehatziddukim Modi Bo
      Author: Menachem Hojda ,

      Shalom aleichem,I am currently learning Horayos and was struck by this term in the Gemara and how historically limited it is. I found your shiur on the topic and truly enjoyed it, but I had a thought and I wonder if you would be kind enough to share if this may make sense. Perhaps it lies in a fundamental difference between the Saducees and Pharasees regarding the role of Sanhedrin. The Saducess see the Torah as static. Torah as it was written (and understood) at Sinai is controlling and therefore the role of Sanhedrin is to interpret and apply the Torah. But the Pharasees see Torah as universal and therefore necessarily dynamic, therefore the Sanhedrin's role is to use the tools of Torah shebe'al peh to apply the Torah to a dynamic world. When they issue a ruling that condradicts a davar mephurash this is outside their authority as a Sanhedrin and this is either karov lemeizid and/or not a horaah me'alyah. However when they make a mistake in the application of a drasha this is a shogeg that requires a korban. Additionally applying the dynamic Torah Shebe'al Peh requires mesorah and being rauy lehora'ah. This is why the Gemara requires this in Horayot for a par he'elam davar shel tzibbur, but in Sanhedrin it is not the Sanhedrin, but rather a bes din shel chof gimmel. Therefore their role is simply to apply the Torah not to interpret it, and the requirements and qualifications are different. This could also explain the stirah in Rashi.Kol tuv,Menachem HojdaOak Park, MI

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