DEUT874 If this subject [the duties of the heart] were something that you could not fathom intellectually, such as the reasons for the commandments which have their origin in revelation alone, then you would have good reason not to investigate the subject. Or if you were too limited and slow of mind to understand the subject, you would not be punished for negligence. Rather, you would then be like the women and children, who accept what they receive from tradition. If, however, you possess intelligence and insight, and through these [faculties] you are capable of verifying the fundamentals of the religion and the foundations of the commandments which you have received from the Sages in the name of the prophets, and then it is your duty to use these [faculties] until you understand the subject, so that you are certain of it-- both by tradition and by force of reasoning. If you disregard and neglect this duty, you fall short in the fulfillment of what you owe your Creator. This can be demonstrated in two ways. First, from the verse: (Devarim 17:8, 10). When you look at the cases cited in the first verse, you will find that they are of the type that must be broken down to its details, categorized, and analyzed in the method of tradition, not by logical demonstration. Notice that, among the cases cited, no mention is made of any matter that could have been discovered by way of the intellect. The verse does not say: If you have questions on the subject of God's unity, about His Names and attributes, or on any of the fundamentals of the religion-- such as the service of God, trust in Him, humility before Him, devoting to Him all that one does, refining good deeds from any detrimental defects, turning from sin, fear of God, love of God, diffidence before Him, self- accounting which is purely motivated, and similar matters which one can discover through the intellect-- then simply accept them on the authority of the Torah Sages, the bearers of tradition, and rely exclusively on their tradition. Rather, [Scripture] says that you should reflect in your own mind and use your intellect in these matters. First learn them from tradition-- which covers all the commandments in the Torah, their principles and details-- and then examine them with your mind, understanding, and judgment, until the truth becomes clear to you, and falsehood rejected, as it is written: Hashem is the God in the heavens above and on the earth below, there is no other” (ibid. 4:39). This [is an obligation of which] applies [not only to knowledge of the subject of God's unity but] to everything that can be verified by the intellect, as our Masters have stated: “If anything was included in a general statement, and was then specified in order to teach [something], it was specified not to teach about itself but to teach about everything included in the general statement” (Yevamos 7a). Knowledge of the subject of God's unity is but one example of the class of things which can be understood by way of the intellect. Whatever is obligatory in its regard is obligatory in regard to the entire class. (Continued at [[DEUT1681]] Deuteronomy 10:7 ask DUTIES 29-31).

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DEUT873 If the tradition had not clarified for us the way [Scripture] should be read, the meaning of its language, an explication of its themes and their implications, we could not have grasped this from Scripture alone. As our Masters, of blessed memory, said: “The Torah is interpreted by means of thirteen principles” (Baraysa D’Rabbi Yishmael); “The Mesorah (oral tradition) is a fence for the Torah” (Avos 3:13). Moreover, the Torah itself refers us to the oral tradition, for [and understanding of] the details [in the application] of its laws, as it is written: “If a case should prove too difficult for you in judgment...matters of dispute in your courts, [then you should arise and go up .... And you should come to the Levitical Kohanim and to the judge that will be in those days] and submit an inquiry; and they will tell you the legal decision.... The man who acts brazenly and does not listen to the Kohen... that man shall die” (Devarim 17:8-12).

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DEUT875 We have already noted that the codes of law found in the Torah were primarily designed not as broad principles to be interpreted by judges but as practical rules of behavior to be studied and applied by ordinary men and women in the normal course of their everyday lives (See the comment of Rashi on Exodus 21:1). Only when the law as written does not give clear guidance in the particular case in question or when rival claims raise issues of interpretation should we go to court [Deuteronomy 17:8–10].

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DEUT876 See [[DEUT45]] Deuteronomy 4:2 add LEHRMAN 181

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DEUT877 See [[DEUT6]] Deuteronomy 1:13 pick OXFORD 485

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DEUT878 Hearken to the Jewish courts and to the acknowledged Torah authorities of your generation. Regarding all matters of the Torah, listen to the Bes Din Hagadol and obey their rulings. This applies to decisions that they reach through their own reasoning or through applying the rules that Hashem gave us for deriving information from the Torah text. So, too, if the Bes Din Hagadol teaches us something that involves the secret wisdom of the Torah, we are obligated to accept it and act accordingly. Included in this precept is the obligation on each individual to hearken to the acknowledged Torah authorities of his day. He who fails to do so violates a positive commandment of the Torah and his punishment is very great, for this requirement is a central pillar upon which the Torah depends in every generation. See [[EXOD778]] Exodus 23:2 majority CHINUCH 52-3.

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DEUT880 How can the Torah's apparent stress upon conformity remain congruent with sources stressing Jewish individuality? Is it possible for the Jew to conform and yet remain an individualist? One possible solution lay in distinguishing between Jewish action and Jewish thought. While traditional Jews did conform to basic Jewish practice, individual opinion was never stifled. The Shulchan Aruch codified Jewish practice for all Jews, but the Talmud and its varied opinions continues to be studied and debated. This distinction between thought and action can readily be seen in the procedures of the Sanhedrin, the body of rabbis who decided in Temple times new questions of Jewish law that arose. The seventy-one Sanhedrin members debated at length any particular law in question. In the debate, individuality of thought was not only tolerated but was encouraged as part of procedure. The Mishnah (Sanhedrin 36b) tells us that the Sanhedrin was organized in a semicircle (as is the Knesset today), and any debate involving life and death issues started from the side (Sanhedrin 32a). This meant that the youngest and most inexperienced Sanhedrin members would have to express their opinions first. This was mandated by law, so that the more respected elders could not stifle individual and different opinion by speaking earlier in the debate and causing the younger members to be intimidated from disagreeing. Thus, individuality in thought was certainly encouraged. However, once the Sanhedrin voted and the law was decided by a majority of members, the law was adopted and applied equally to all of Israel and to all Sanhedrin members. Everyone had to conform. If a member of the Sanhedrin did not conform after the law was decided, but, rather, insisted on putting his original opinion into practice, he was known as Zaken Mamre (this and following verses), a rebellious elder, and would be put to death (Maimonides, Hilchot Mamrim 1:1-2). Therefore, while individual thought was tolerated and certainly encouraged, conformity of action was also demanded. Within this framework, it can be shown that traditional Judaism even "tolerates" a total questioning of God, mitzvot, and religion, as long as the person continues to conform and perform the commandments while questioning. This unique religious concept, that is, the primacy of the individual's right to think and question as long as conformity to general practice continues, can be seen in a unique passage (Jerusalem Talmud, Chagigah 6b) that says God prefers that Jews totally abandon him as long as they do not abandon observance of the Torah. The implication is that Jewish belief and Jewish thought is secondary to Jewish practice and that what one thinks and questions is tolerated as long as practice continues. (Of course, the ideal is that both thought and action should coincide. For a fuller development of this idea, see the chapter "Mitzvot-Commandments.")

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DEUT879 Do not deviate from the words of the Torah authorities of your generation. People's ideas, outlooks and ways of thinking differ greatly, and the areas of disagreement are countless. Regarding many matters, never will there be a meeting of the minds. Hashem knew that if each individual would be allowed to interpret the Torah according to his way of thinking, the number of disputes would be so great, it would create an impossible situation. For this reason, He commands us to listen to and not swerve from the teachings of our Sages, for they received the true interpretation of the Torah orally and passed it onwards to the next generation, so that it would be preserved. Similarly, He commands us to not swerve from the teachings of the greatest Torah luminaries of each generation, for they possess the true tradition as to what the Torah means, having learned it from their predecessors. When new issues arise and it is necessary to determine the Torah ruling on the matter, these luminaries toil over the questions day and night, drawing upon their deep and expansive knowledge of the Torah and the teachings of their predecessors. Thereby, they arrive at the truth. By accepting their decisions, we will understand and fulfill the Torah properly. If we do otherwise, following our own weak minds and relying upon our sparse knowledge of the Torah, we will dismally fail on every front. In fact, say our Sages, even if the leading Torah scholars of the generation say that left is right and right is left, we are forbidden to deviate from their teachings, or even if they are mistaken about any particular issue, it is counter-productive to dispute them. Better to adhere to their mistaken ruling in one matter and leave the entire Torah to them to interpret as they see it. Better that than to leave each individual to interpret the Torah as he sees it, for that scenario would spell immediate ruin for our whole way of life. The task of determining the true meaning of the Torah must be left to our nation's wise men. In addition, when they meet to decide such matters, they are commanded to follow the decision of the majority.

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DEUT882 See [[DEUT668]] Deuteronomy 14:1 shattered DORFFDRAG 37-39

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DEUT883 See [[DEUT44]] Deuteronomy 4:2 add DORFFWITO 52-3

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