[Avodah] two fictional sects

kennethgmiller at juno.com kennethgmiller at juno.com
Tue Apr 3 10:30:35 PDT 2012


R' David Riceman asked about:

> Sect number one argues as follows:
> ...
> Furthermore, they argue that the issur of being makriv korban
> Pesah on a bamah applies only to a bamas yahid, and since
> theirs is the only valid bamah in the world, it is the bamas
> tzibbur.
>
> It follows that they sacrifice korban Pesah every year.

I know close to nothing about the halachos of bamos, but in your scenario, is there anything to stop someone from building a second bamah, so that the first will no longer be the bamas tzibur?

> Sect number two argues as follows:
>
> The authority of the kehillah comes either top down, from a
> grant of authority from the king, or bottom up, from a grant
> of authority from its inhabitants.  The authority of previous
> generations to bind later generations is mediated by the kehillah:
> if someone moves to a town with a different custom he is not
> bound by his old town's customs, and, ...
>
> They establish a new town where only dinim d'orayysa apply,
> arguing that the whole authority of derabbanans disappear
> without consent. ...

To me, this sounds like a reasonable way of disposing of all minhagim, but I don't see how it works for d'rabanans. The authority for d'rabanans comes neither from the king nor the populace, but from the Torah itself, via its duly authorized semuchim. The line between d'rabanan and minhag may get fuzzy in places, but it does exist.

And even if we are talking about minhagim, I really don't know what the king has to do with anything. If the king puts a rav in power who the populace does not accept, then they might have to follow his rulings as a matter of practicality, but I don't see how that would make it binding on future generations.

Akiva Miller

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