Rabbinic law refers to the body of legal rulings, interpretations, and enactments that were formulated by the rabbis throughout history, though even the use of ‘rabbi’ here can be misleading. These laws are based on the authority granted to the Rabbinic Sages (Chazal) to interpret and apply the principles and commandments found in the Torah, but different bodies at different time periods had far more gravity than individuals who came later. While the core of Jewish law, known as halacha, originates from the Torah itself (Deoreita), the rabbinic laws provide guidance and understanding to be able to apply those usually vague mitzvot in specific situations.
Types of Mitzvot:
Some people may wish to undermine or devalue the significance of the rabbinic laws, but it is often from a misunderstanding of their nature and ability ot be authoritative. The thinking goes as follows:
- Deoreita (From the Torah): These are commandments explicitly mentioned in the Chumash (the Five Books of Moses). They are regarded as directly ordained by God and carry the highest level of authority in Jewish law. Examples include the prohibition against murder, observing Shabbat, and the laws of kashrut (kosher dietary laws).
- Derabbanan (Rabbinic Laws): Derabbanan refers to laws that the rabbis enacted as extensions or safeguards of the Torah’s commandments. They are derived from the rabbinic interpretation of the Torah and aim to preserve the integrity and observance of the core mitzvot. Rabbinic laws have the force of religious obligation but are of a lower legal status than Deoreita commandments. Examples include the lighting of Hanukkah candles but also core tenets like the form and content of tefilin, only mentioned in the Written Torah as a sign between one’s eyes and on his arm, which absent any context is incomprehensible.
- On its surface, the notions are correct, but without as it neglects a few crucial points, people will think that the Rabbinic ideas are based on opinion, as if anyone’s interpretation is just as authoritative as any other. It also makes the line between the two too strong. For instance, lighting a fire on Shabbat is prohibited Deoreita, as is dying wool or cutting hair, but only one of these, the fire, is mentioned explicitly in the Chumash. The other 38 categories of forbidden work are all considered being from the Written Torah, but these are understood by analysis. One might have incorrectly assumed this would be Derabbanan, but a law derived solely from interpretation of Torah verses is still Deoreita even if those communicating said laws are the Sages.
Earlier Rabbinic Bodies
During the times of the Tana’im and Amora’im, the Sanhedrin (Jewish Supreme Court) held significant authority to enact laws and make legal decisions, and only a greater Sanhedrin could overrule such decisions. In fact, it is a commandment in the Torah to listen to this body, so in a sense every rabbinic mitzvah is supported by a Deoreita mitzvah. The rulings of the Sanhedrin were binding and considered authoritative. However, since the dissolution of the Sanhedrin and the absence of a central governing body, the authority to legislate new laws on the same level as those enacted by the Tana’im and Amora’im no longer exists.
Moreover, since each generation is further from the delivery of the Torah at Mt. Sinai than the next, no generation can be more authoritative than the previous ones. Even in the case of the Tana’im and Amora’im, the latter could not override the former, but both are still incomparably more versed in Torah than anyone now. When people talk about a “rabbinic law”, this is extremely vague since it can apply to a span of thousands of years, with extremely different levels of authority.
Different Forms of Rabbinic Legislation:
- Laws Derived from the Mishnah: The Mishnah serves as the primary source of Jewish law from the Tanaitic period. It contains legal teachings and sometimes discussions of the Tanaim. This is viewed as the highest form of the Oral Torah because it was also given to Moshe when he recieved the Written Torah. While this is still technically viewed as a ‘rabbinic law’ it did not actually come from any rabbi as such.
- Gezeira (Decree): A gezeira refers to a rabbinic decree instituted to protect people from accidentally transgressing Torah laws. It may involve prohibitions or restrictions added to prevent situations that could lead to violating a Deoreita commandment. For instance, the prohibition against handling certain objects on Shabbat associated with forbidden work, like say a pen or a hammer, was enacted as a gezeira to safeguard the sanctity of the day.
- Takana (Enactment): A takana refers to a rabbinic enactment that addresses communal needs, alters existing practices, or introduces new customs. These enactments serve to adapt Jewish law to changing circumstances and promote the welfare and spiritual growth of the community. Examples of takanot include establishing the prayers of the Amidah and instituting the recitation of blessings over various mitzvot.
In contemporary times, while Sages have the authority to interpret and apply existing Jewish laws, they do not possess the same level of authority as the Tana’im and Amora’im for instance. Rabbinic decrees and enactments today are generally regarded at most as binding within specific communities but are subject to debate and varying interpretations among different rabbinic authorities.
Rabbinic law encompasses the body of legal rulings and enactments formulated by Chazal throughout history. While Deoreita commandments originate from the Torah itself, rabbinic laws provide additional guidance and regulations to ensure their preservation. Understanding the distinctions between Deoreita, Derabbanan, gezeirot, takanot, and so many other layers helps to clarify the structures and sources of authority within Jewish law. While the Tana’im and Amora’im held unique authority during their time, contemporary rabbis have the responsibility to interpret and apply existing laws while considering the evolving needs and circumstances of the Jewish community, while not undermining what came before.
