SHALOM HARTMAN INSTITUTE Elu v'Elu: Two Schools of Halakha Face Off On Issues of Human Autonomy, Majority Rule And Divine Voice of Authority By Noam Zion Contents Copyright © 2008 Shalom Hartman Institute, Jerusalem, Israel 1 hartman.org.il |
[email protected] Elu v'Elu: Two Schools of Halakha Face Off On Issues of Human Autonomy, Majority Rule And Divine Voice of Authority1 By: Noam Zion Table of Contents Introduction – the Rabbinic Revolution – the Rule of the Interpreters 3 A. Two Great Debates of the Schools of Hillel / Shammai and the Bat Kol: Comparing TB Eruvin 13b and TB Baba Metzia 59a-b 7 B. Can Later Rabbinic Creativity Transcend Its Origins? Moshe Struggles to Understand his Spiritual Heir, Akiva (TB Menachot 29b) 16 C. The Power to Exclude from the Debate: Why Do the Rabbis Excommunicate Eliezer? 20 D. What is the Divine Perspective on the Eliezer / Yehoshua Debate? 21 E. Bat Kol: What is the Relationship between God’s Revelation and Halachic Decision-making? (TB Baba Metzia 59 and Eruvin 13b) 24 F. What is the Significance of Hillel’s Moral Virtues? Granting Priority to Hillel’s School over Shammai’s (TB Eruvin 13a) 26 G. Pluralism versus Monism in the Search for Truth and the Relationship to the Other’s View 29 H. Eliezer’s Crisis of Conscience: How Can We Be Obligated to Follow a “Wrong” Decision Made by the Rabbis because They Constitute the Majority? 40 I. Living with Disagreement: The Culture of Controversy – What are the Limits of Unity and of Diversity within a Common Community? Three Theories of Tolerance 43 1 Summarized based on Moshe Halbertal lectures to TICHON on Interpretation, Avi Sagi’s Elu vElu, and on Aviezer Ravitsky, “The Question of Toleration in Jewish Tradition: Between Pluralism and Paternalism” in Bein Samchut l’Autonomia, edited by Avi Sagi, Zeev Safrai p.