Aggadot from Hamivtar

by
Rabbi Yitzchak Blau

Halakha and Gemara

It was taught: "The Tannaim (scholars from the mishnah) destroy the world" Could one truly think they destroy the world? Ravina explains that the above source refers to those who make halakhic decisions based on mishnayot. We also learned this in a Beraita:R. Yehoshua said "Are they destroyers of the world? Do they not build the world....? Rather, we are talking about those that decide halakha straight out of mishnayot." (Sotah 22a)

What is the problem with making halakhic decisions based solely on mishnayot? Rashi explains that such a methodology invariably leads to mistakes. A scholar who does not know the gemara's rationale for a mishnaic ruling could not possibly apply that ruling correctly. The ability to extend or limit the scope of a particular halakha depends on knowledge of the talmudic argumentation that led to that halakha. Furthrermore, we do not always decide in accordance with the mishnah as there may be other tannaitic evidence that overrides a particular mishnah. Thus, those that derive pesak from mishnayot lead their adherents astray with erroneous halakhic rulings.

Maharal offers a quite striking alternative explanantion. According to Maharal, the gemara expresses negativity about those that pasken out of the mishnah even if they get all their rulings right. The problem is not just about correct pesak but rather about the entire endeavor of Talmud Torah. Authentic Torah mens not just a fixed set of rulings but a whole system of learning. Apparently, we are not meant to expereience halakha as a set of arbitrary commandments and prohibitions. Learning the full depth of a talmudic topic enables us to see that halakha emerges from a rigorous, serious and profound system of analysis and is not arbitrary at all.

The constant quest for growth in learning should combine the ideas of Rashi and Maharal. We learn both in order to know what to do in a particular case and so that we can arrive at an understanding of the profound nature of Torat Hashem.