[Avodah] The Avos Kept the Torah

[Prof. L. Levine]

Yesterday in shul this topic came up.

From

https://www.aishdas.org/asp/the-avos-kept-the-torah

The Avos Kept the Torah >> Aspaqlaria - The AishDas Society
<https://www.aishdas.org/asp/the-avos-kept-the-torah>
There is a 3 way dispute on Yuma 28b about whether the avos kept all
of halakhah, or just those mitzvos already given:. Rav: The avos kept
the entire Torah; R' Ashi:... even the rabbinic enactments! R Shimi bar
Chiya: Avraham only kept the 7 mitzvos benei Noach and beris Milah. (If
we're talking all three avos, presumably the only variation is Yaaqov
and his sons keeping gid hanasheh.)

There is a 3 way dispute on Yuma 28b about whether the avos kept all of
halakhah, or just those mitzvos already given:

  * Rav: The avos kept the entire Torah
  * R' Ashi:... even the rabbinic enactments!
  * R Shimi bar Chiya: Avraham only kept the 7 mitzvos benei Noach
    and beris Milah. (If we're talking all three avos, presumably the
    only variation is Yaaqov and his sons keeping gid hanasheh.)

The discussion amongst rishonim is generally found surrounding the verse
Bereishis 26:5.

Famously, Rashi holds like Rav Ashi. And this maximalist position
has grown to be considered "normative" in many circles. It requires
explaining -- how did the avos know the Torah's mitzvos before Sinai
and rabbinic rulings and legislation years before the sages who made
these decisions did? Did they hold like Rav Moshe Feinstein or Rav SZ
Aurbach? Did they say "morid hatal" in Shemoneh Esrei? (And what does
that say, if anything, about the free will of the rabbinate? Or, for
that matter, of the notion that both sides of a true halachic dispute
are right, each in their own way?)

However, it should be noted that among rishonim, asserting Rav or Rav
Ashi's position as literally true was in the minority. Most rishonim (see
discussions on Bereishis 26:5) hold like Rav Shimi bar Chiya. Including:
the Rambam (Melachim 9:1), his son R' Avraham, the Me'iri (intro to Avos),
the Ramban, Seforno, Ibn Ezra, Radaq, Chizquni and the Rama (okay, not
a rishon). Note the inclusion of the Ramban and Rama in that list --
it's not just the usual list of names of staunch rationalists rejecting
the maximalist position.

See the above URL for more.

Anyone want to guess which approach I am in consonance with?

YL