Rav Kook on Ha'azinu: The Source of Rabbinical Authority

Ha'azinu: The Source of Rabbinical Authority

Numerous rabbinical decrees were designed to protect Torah laws. For example, the Sages extended the Torah's prohibition of eating milk and meat together to include fowl, since it confused people who did not distinguish between fowl and 'real' meat.

There are, however, a few cases in which the Sages went even further, and created totally new mitzvot. The rabbinical mitzvot of lighting Sabbath candles, reading the Purim megilah, and lighting Chanuka lights, have no direct basis in Torah law. They are not extensions or protective measures. They are brand-new mitzvot, unrelated to any Torah law. By what right could the Sages create them?

Even more audacious, the rabbis decreed that over these rabbinical commandments we make the blessing, "Blessed are You ... Who has commanded us to ..." When did God command us to light Sabbath candles and read the megilah?

The Talmud (Shabbat 23) gives two sources in the Torah itself for the rabbinical authority to establish new mitzvot:

"Do not stray to the right or left from the word that (the high court) will declare to you." (Deut. 17:10)

"Ask your father and he will tell you; question your elders, and they will respond." (Deut. 32:7)

Why two sources?

Rav Kook explained that God-given commandments naturally lead towards the goal of absolute good. This is understandable, as God knows the future and is aware of all implications of any decree. A human-made law, on the other hand, even those designed by the best and the brightest, will never be able to achieve the same exact effect as a Divine decree.

Of course, the Talmudic Sages were blessed with divine inspiration ("ruach hakodesh"), in addition to the logic and reasoning that are an integral aspect of the Oral Law. They used these gifts in order to attain results similar to God-given mitzvot, to further the cause of the people's spiritual and material perfection.

The Sages examined two aspects when creating a new law:

Current religious and physical needs;
Maintaining cultural and spiritual ties to the people's sublime heritage.

It is not sufficient to consider only current benefits. If the people becomes estranged from its spiritual foundation, it has become a different nation. Its unity and continuity are no longer assured.

Regarding the examination of current and future needs, the Torah writes, "Do not stray". This verse refers to the high court, which passes legislation and decrees relevant to the present situation.

Regarding the need for rabbinical decrees to maintain ties with the spiritual past, the Torah says, "Ask your father ... question your elders". For your past was elevated and divine, and is the source of your success. "For His people is God's portion; Jacob is God's inheritance."

(adapted from Ein Eyah vol. III, p. 73)