We Have to Follow the Sanhedrin…Right?
I’ve written extensively about how it can be that so many rabbis would get something wrong, and the responsibility we have to recognize when this happens. One does not need to be an “expert” to observe a fundamental error, even by someone with superior knowledge and credentials. Expertise merely grants the presumption of an opinion worth considering; it does not ensure against laziness, sloppiness, human error, ignorance of relevant information, or corruption. No one gets a blank check.
Nevertheless, some fearful Jews continue to deny their responsibility to recognize falsehood and break from authority figures who make erroneous pronouncements. “Don’t we have to listen to the Sanhedrin?” they argue. “The rabbis have ruled that we must follow the Ministry of Health recommendations. Case closed.”
Or is it? This week’s parsha begs to differ.
We learn of the various types of korbanos [sacrificial offerings] as part of the atonement process (they have no effect if they are not accompanied by actual repentance, a common failing in ancient times). There are special korbanos for three categories of leaders who sin: the Kohen Gadol, the king, and the Sanhedrin. Unlike other systems, which pay lip service to the fanciful notion that “we are all equal under the law” (LOL), the Torah has an openly inequal system. Those with greater power are held to a higher standard, for their sins lead others astray and cause more damage to the nation. Their korbanos are more severe, and a complete atonement for their sin cannot be guaranteed.
The Torah refers to the Sanhedrin as “כל עדת ישראל”, the entire assembly of Israel (4:13). They wield even greater power than the king and the Kohen Gadol, for they determine Jewish law for the entire nation. Their authority transcends the political power of the king and the spiritual supremacy of the Kohen Gadol. A king’s decrees are in force only during his reign; the Sanhedrin’s rulings outlive those who issued them.
If the Sanhedrin issues an erroneous ruling, and the masses sin because of it, they must bring a special korban, as outlined in the following pesukim. The masses who follow this ruling are exempt from bringing a korban, as they otherwise would. An entire tractate of Gemara, Horayos, is devoted to the halachos pertaining to this section. This section of the Torah and the teachings of Chazal shed great light on the times in which we are living, despite the absence of a Sanhedrin and korbanos.
- The possibility of the Sanhedrin getting something wrong is real, and the Torah takes it very seriously. The Torah gives no one a blank check, not even the greatest sages, not even a confirmed prophet. Those who argue that we have to blindly follow the so-called “leading rabbis” of today, who themselves are telling us to blindly follow so-called “leading experts”, are making a fundamental mistake. We don’t blindly follow anyone, certainly not when they tell us to blindly follow godless people with conflicts of interest and serious integrity issues. The Torah doesn’t write about this as a theoretical exercise. It’s practical Jewish law.
- Lower courts are pointedly excluded from these halachos. Only the Sanhedrin is liable to bring this special korban for an erroneous ruling (Horayos 5A). Not only are they not presumed to be infallible, they are singled out for the greatest accountability in the event of a mistake. This is clearly intended to warn us against blindly trusting those who deserve our trust more than anyone else.
- The entire Sanhedrin must be qualified to give rulings. If even one judge was unqualified, they do not have to bring the special korban (Horayos 4B).
Nowadays, there is no Sanhedrin and no facsimile thereof. The argument that we must blindly follow the declarations of so-called “leading rabbis”, who lack the authority of a Sanhedrin both individually and collectively, and whose qualifications to be judges on a future Sanhedrin are far from certain, is a non-starter. Nowadays one can find a rabbi, or a collection of rabbis, to sign off on virtually anything. Conferring Sanhedrin status on rulings today is an insult to the institution.
- Only the details of a mitzvah* *can be hidden from the eyes of the Sanhedrin, not the entire mitzvah. If the Sanhedrin rules to uproot an entire mitzvah, they do not bring the special korban (Horayos 4A).
It is noteworthy that Chazal entertained the possibility of a Sanhedrin being so ignorant or corrupt that they would rule to uproot an entire mitzvah. This is not science fiction or a “conspiracy theory”; it’s an actual Gemara, derived from a pasuk, that is consecrated in Jewish law. Furthermore, Chazal also discussed a situation in which the Sanhedrin ruled to permit avoda zara, or declared that one type of avoda zara is not actually forbidden, and this is also concretized in Jewish law.
Those who say it can’t happen or won’t happen are dismissing Jewish law and our greatest sages, who took this eventuality very seriously.
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