1742 —ביאור הירושלמי על הליכה אחרי סמכות רבנית ופסוקי המקרא

B"H, Rosh Chodesh Menachem Av, 5712.

Brooklyn.

Shalom u'Vrachah!

In response to your letter from Monday, 2 Tammuz, in which you raise a question about the beraita in Yerushalmi at the beginning of Horayos: 'Could it be that if they tell you right is left...' etc., as it says 'to go right or left,' that they tell you right is right... etc. You wish to explain: (a) that the intent is to the verse Devarim 28:14: 'Do not turn aside from any of the words I command you today, right or left, to go after other gods to serve them.' And that the Yerushalmi reversed the order of the verse based on Tosafot's comment (Shabbat 128a) that it is common for the Talmud to abbreviate and use different language. In my opinion, this cannot be said: (a) In this verse, what is negated is in the word 'to go,' and its meaning is: 'Do not turn aside...'—whereas in Yerushalmi it emphasizes 'to go' as an obligation. (b) This verse speaks of G‑d's commandment, not a ruling by Beit Din. (c) This verse and its entire section are a promise to Israel and a narrative, not a commandment.

It seems clear (and so appears in Mareh HaPanim on Yerushalmi, Torah Temimah and others) that Yerushalmi also intends—as does Sifri—the verse Devarim (17:11): 'According to the Torah... you shall do; do not turn aside from what they tell you right or left.' And according to Tosafot's principle above that it is common for the Talmud to use different language. The Yerushalmi adds 'to go' because all learning depends on it. The words 'right and left' in this verse can be interpreted three ways: (a) Do not turn right or left from what they tell you—as stated elsewhere (Devarim 5:29; 17:20; see Torah Temimah). (b) As in Sifri—they tell you what is right and left (even if your opinion differs). (c) According to the Torah... you shall do (do not turn aside from what they tell you) (to go) specifically right or left. The words 'do not...you' are parenthetical—as if 'to go' was written explicitly. It may be that Yerushalmi did not want to interpret according to option one—otherwise, 'right and left' should have been adjacent to 'turn aside,' as is usually found in verses even though there are exceptions such as Devarim 28:14 (but there it's impossible to err unlike here). Nor according to option two—which is Sifri's foundation that even if they say right is left etc.—otherwise it should have simply said: do not turn aside from what they tell you; why limit the command? Understood.

(b) That Yerushalmi and Sifra do not agree. The view of Yerushalmi is only that one need not accept Beit Din's opinion without challenging them—and on the contrary! But if after debate his colleagues outnumber him—then he must follow 'do not turn aside...' even if they say left is right. See Sefer HaChinuch at end of mitzvah 492; Ramban's notes on Sefer HaMitzvot Shoresh Aleph; Tosafot HaRosh; Beer Sheva; Rashash; Mahartz Chayes; Yafeh Einayim on Horayot 2b; Rashi commentators on Devarim 17:11; and others. But this explanation is difficult because then something essential would be missing from Yerushalmi (also—as above—it would be a major novelty here—to learn two opposite things from one verse).

(c) In Shdei Chemed Klalim Lamed it brings from Petach Einayim by Chida (Rosh Hashanah 25a) that if one knows with certainty Beit Din erred, he should not act according to them. Torah Temimah rules similarly—that this is what Yerushalmi refers to, unlike Sifri whose language is 'even if it appears otherwise to you.' This too is difficult—who can determine with certainty? See Ramban Shoftim there. Even more so—follow reasoning so there will not be excessive dispute among Israel—so what's the practical difference? (With difficulty one could answer that extreme disagreement rarely occurs—as with opposite views in Tosafot Shabbat Berachot 39b—and we needn't worry about recurrence.) In my opinion, it's clear as per the plain meaning of Sifri and Yerushalmi—that they disagree as above—as also written by Mareh HaPanim on Yerushalmi there.

Summary

The Rebbe explores how different sources interpret following rabbinic rulings even when personal logic differs, emphasizing careful textual analysis and highlighting fundamental differences between Sifri and Yerushalmi regarding obedience versus critical engagement with rabbinic authority.