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Provisional Legal Decision
Laws of Government
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A
The Gemara asks:
And there, was
that bullock prohibited
merely
as
set-aside? It was also
actually
worshipped. Rav Aḥa bar Ya’akov says:
This bullock
was set aside to
be
worshipped, but
in practice,
they did not worship it. Rava says: Actually, they did worship it,
and therefore it should have been prohibited as idolatry.
But
this case
is a novelty, in accordance with
a statement of
Rabbi Abba bar Kahana. As Rabbi Abba bar Kahana says: Eight
prohibited
matters were permitted
to Gideon
on that night
when he…
Temurah 28b:22
“On the seventh day, prince of the children of Ephraim, Elishama son of Amihud” (Numbers 7:48).
“On the seventh day, prince of the children of Ephraim, Elishama son of Amihud” – that is what is written: “Gilead is mine, and Manasseh is mine, and Ephraim is my stronghold, Judah my lawgiver” (Psalms 60:9). We learned there: Three kings and four commoners do not have a share in the World to Come. Three kings: Yerovam, Ahab, and Menashe. Rabbi Yehuda says: Menashe has a share in the World to Come, as it is stated: “He prayed to Him, and He acceded to his entreaty…
Bamidbar Rabbah 14:1
The Gemara asks:
But didn’t
those who engaged in idol worship in the era of Zedekiah do so
intentionally?
Sin-offerings are brought for unwitting, not intentional sins. The Gemara answers:
It was a provisional edict
issued in exigent circumstances to enable them to sacrifice a sin-offering to atone for an intentional sin. The Gemara comments:
So too it is reasonable, as if you do not say so,
then with regard to these
“ninety-six rams, seventy-seven lambs,”
to
what
do they
correspond? Rather…
Horayot 6a:10
But according to the one,
i.e., the school of Rabbi Yishmael,
who says
that
this and that
are references to
Shiloh, and
private
altars were forbidden
during this period,
what
is the meaning of:
“So Manoah took,”
as it was forbidden to sacrifice offerings outside the Temple? The Gemara answers: Permitting this sacrifice
was a provisional edict
issued in exigent circumstances.
Zevachim 119b:5
Based on the statement of Rabbi Yehuda, it may be inferred that according to the first
tanna
, although they must inform him that he is liable to be executed, they are not required to inform him of the specific mode of execution. The Gemara explains the basis for the dispute between the first
tanna
and Rabbi Yehuda:
The first
tanna
derived
forewarning
from
the incident of the
wood gatherer
(see Numbers 15:32–36), who was executed even though even Moses did not know with which death penalty he was to be executed…
Sanhedrin 80b:5
A court may, however, suspend the application of such decrees temporarily, even if it is of lesser stature than the original court. The rationale is that these decrees should not be considered as more severe than the words of the Torah itself, and any court has the authority to abrogate the words of the Torah as a temporary measure.
What is implied? If a court sees that it is necessary to strengthen the faith and create a safeguard so that the people will not violate Torah law, they may apply beatings and punishments that are not sanctioned by Torah…
Mishneh Torah, Rebels 2:4
The Gemara
raises an objection
to the opinion of Rabbi Eliezer. After the Philistines returned the Ark of the Covenant to the Israelites upon a cart drawn by cattle, the verse states:
“And they sacrificed the cattle as a burnt-offering unto the Lord”
(I Samuel 6:14). Evidently, the Jews did not hesitate to sacrifice the Philistines’ animals. The Gemara explains: There,
it was a provisional edict
issued in extraordinary circumstances, and their actions are not representative of the general
halakha
…
Avodah Zarah 24b:6-9
The Sifri quotes Rabbi Nehorai as saying that the people's request for a king was only a pretext to enable them to worship idols. The author based his theory on the words (Samuel I 8,20): "and we shall then become like all the nations." Rabbi Abravanel challenges this statement saying that if this were true how could G–d possibly have concurred in providing a king for the people when He said to Samuel: (Samuel I 8,22) "Accede to their request and crown a king for them?" Why did G–d not at least warn the people not to make the incidence of monarchy a pretext for idol-worship? I believe that…
Shenei Luchot HaBerit, Torah Shebikhtav, Shoftim, Torah Ohr 11
Abaye said to Rav Dimi:
Why does Rav Giddel interpret it this way?
Perhaps
the meaning of “great” is
that he ascribed greatness to Him by
enunciating God’s
explicit name?
Rav Dimi
said to him: The explicit name may not be enunciated in the provinces,
i.e., outside the Temple courtyard. The Gemara asks:
And
is this really
not
permitted?
Isn’t it written: “And Ezra the Scribe stood upon a pulpit of wood, which they had made for the purpose...
and Ezra blessed the Lord, the great God” (Nehemiah 8:4-6)…
Yoma 69b:4-5
Similarly, a prophet who violated his own prophetic instructions, and one who refrains from prophesying, are liable for death at the hand of God, since concerning the three of them, it is said, "I will seek [retribution] from him."
When a prophet - who has already proven himself to be a prophet - instructs us to violate one of the mitzvot of the Torah or many mitzvot, whether they be of a severe or light nature, for a limited amount of time, it is a mitzvah to listen to him.
The Sages of the early generation taught as part of the oral tradition: If a prophet tells you to violate the…
Mishneh Torah, Foundations of the Torah 9:3
A court has the authority to issue a decree and forbid something which is permitted and have its decree perpetuated for generations to come. Similarly, it has the authority - as a temporary measure - to release the Torah's prohibitions. What then is the meaning of the Scriptural prohibitions Deuteronomy 13:1: "Do not add to it and do not detract from it"?
The intent is that they do not have the authority to add to the words of the Torah or to detract from them, establishing a matter forever as part of Scriptural Law. This applies both to the Written Law and the Oral Law…
Mishneh Torah, Rebels 2:9
GEMARA:
The Sages taught: Three of the first pairs who say not to place hands and two of the last pairs who say to place hands served as
Nasi
, and their counterparts
served as
deputy
Nasi
;
this is
the statement of Rabbi Meir. And the Rabbis say
the opposite:
Yehuda ben Tabbai
was
deputy
Nasi
and Shimon ben Shataḥ
was the
Nasi
.
Chagigah 16b:2
It is for this reason that the chief and most select of the judges would stand in the place where the Divine Immanence manifested itself, this being the idea behind the presiding of the Men of the Great Assembly in the chamber of hewn stone [lishkath hagazith]. And it is for this reason that our sages of blessed memory said (Avodah Zarah 8b): "When they [the members of Sanhedrin] saw that murderers had multiplied, they said: 'Let us exile ourselves from our place, so as to put into effect (Deuteronomy 17:10): "And you shall do according to the thing that they tell you from that place" — this…
Derashot HaRan 11:7-9
Since the mishna’s intention is uncertain, it cannot provide a clear proof for the dilemma of whether it is permitted to derive benefit from priestly vestments. The Gemara therefore suggests another proof:
Come
and
hear
an explicit
baraita
concerning this issue: With regard to
priestly vestments, it is prohibited to go out to the country,
i.e., outside the Temple, while
wearing them, but in the Temple it is permitted
for the priests to wear them,
whether during the
Temple
service or not during the service…
Yoma 69a:8-14
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