Monday, October 16, 2006

Daf Yomi - Sukkah 44 - Halachos from Heaven

The Gemora cites an argument between Rabbi Yochanan and Rabbi Yehoshua ben Levi regarding the mitzva of taking the arovos on Sukkos if it is just a custom from the Prophets or was it instituted as an obligation from the Prophets. Rabbi Yochanan maintains that it is an obligation instituted by the Prophets. The Gemora asks a contradiction regarding Rabbi Yochanan's view since we find elsewhere that he stated the mitzva of arovos if learned from a halacha l'moshe misinai and not from the prophets? The Gemora answers that this halacha was forgotten in Bavel and was later reestablished by the Prophets.

Rashi explains that the Prophets learned this from a divine spirit. The Commentators ask that this is inconsistent with the Gemora in Temurah 16 which states that the Prophets cannot teach a halacha which they have learned through their divine spirit and this is true even if it is only to reveal a forgotten halacha.

Sheorim Mitzuyanim B'halacha answers that the principle of 'Torah not being in the heavens' only applies when we are asking from above, however where it was revealed to us without our inquiry, the halacha can be received.

This is the explanation in the words of the Raavad where he states that the halacha was revealed to him as a secret from Hashem for those that fear him.

This can also explain the Gemora in Eruvin where it was revealed to them from heaven that the halacha is in accordance with Beis Hillel since they are a majority even though Beis Shamai was regarded as being sharper.

If someone can explain the reasoning for this distiction, I would appreciate it.


Yaniv said...

Rav Moshe Solovetchik answers this question differently. He states that a novi can't say "I was told through nevuah that this is the halacha and you must listen to me," and ha can be chayav misah for that, however for the novi to say that he happens to know through nevuah that the halacha is according to this opinion, beis din can utilyze that information to help them paskin the halacha.

Avromi said...

Sounds similar to the Chasam Sofer that Eliyohu can pasken when he appears with his guf, but not when he comes without his guf.

David said...

In Sotah, according to one opinion, Ben Azai gave a defination for the amount of time necessary for a woman to go into seclusion with another man to effect the Sotah test, and taht was also based upon " sod hashem liyareiv".

Reb Avrom - Derashos Haran makes a similar distinction regarding bowing to angels. He says you can bow to angels when they appear in a human body, as Joshua did, but not otherwise.