[Avodah] Lo Ra'inu Eino Raya ==> Blanket Heter

[kennethgmiller at juno.com]

R' Rich Wolpoe asked me if he is summarizing my understanding accurately:

> Correct me if necessary but as I understand you:
> No halachic issur can be issued after Shas
> But a minhag or a gezeira a hanhagah or a harchaka or a policy MAY be enacted after shas. Correct?

Yes, that's pretty much what I've been taught. Except for the "after Shas" part. I think it would be more accurate to say that new issurim (and new chiyuvim) stopped at the closing of the Sanhedrin - or the Beis Din Hagadol, or however you want to refer to the Halachic Legislature.

After that point, I'm really not sure what "enacted" means. "Lo sasur yamin o smol" obviously applies to decisions of the Sanhedrin itself. I'm pretty sure that it also applied to those who still had Real Semicha in the post-Sanhedrin era, but that might be a machlokes. But if we're talking about people who *don't* have Real Semicha, then what can "enacting a hanhaga" or "enacting a policy" possibly mean? If a leader of a community says, "We ought to be doing ABC", and an individual ignores him, what has he violated? I don't know. Maybe he has failed to give kavod to a talmid chacham?

Another clarification: I'm talking specifically about the enactment itself. If someone more recent than the Sanhedrin claimed that "I have a mesora that the Sanhedrin legislated XYZ to be assur", then I'd have no logical problem with that statement, even if XYZ was never mentioned in Shas. We would then go into a discussion over this person's reliability to make such a claim. We would not discuss his authority to create the issur, because he is not claiming to create any new issur. But we could certainly discuss where he got this information about an issur that Shas didn't mention.

> If so you can explain the Agur/Rema/Shach vs. BY
> BY is correct WRT the Halachah
> But Rema-Shach can still keep women from shechita as a matter of "policy".

Nope, sorry. I have not learned these topics well enough to offer anything meaningful. I don't even know which siman to look in. Even saying "Yoreh Deah Chelek Alef" is just a wild guess.

Akiva Miller

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