5783/2023

Chazal Add to and Subtract from the Torah!

Hashem forbids us (Devarim 4:2 and 13:1) to add or subtract from the Torah (referred to in the Gemara as Bal Tosif and Bal Tigra). Yet Chazal seem to violate this prohibition on a grand scale. How do we explain this glaring contradiction?

Rashi (to Devarim 4:2) defines Bal Tosif as changing the nature of a Mitzvah, such as adding a fifth Parashah to Tefillin or a fifth corner to Tzitzit (Bal Tigra would subtract a Parashah or a corner ). Ramban (to Devarim 4:2) adds that if one devises a new “Mitzva,” he violates Bal Tosif. His example is Yeravam Ben Nevat’s adding a new holiday on the fifteenth of Marcheshvan (Melachim I 12:33).

Chazal seem to violate both aspects of Bal Tosif. For example, they add an extra day of Yom Tov even when we are certain of the calendar date (Beitza 4a, thereby changing the nature of Pesach, Shavuot, and Shemini Atzeret into an eight-day or two-day holiday). They also made a new holiday – Chanukah. Bal Tigra is not missed either, as Chazal forbid blowing Shofar when Rosh Hashana falls on Shabbat and taking the Arba Minim when Sukkot falls on Shabbat. The Rishonim build different layers of explanation to account for this phenomenon.

Ramban - Chazal’s Mandate

Ramban (ibid.) clarifies that Chazal are not only permitted to add to the Torah, but the Torah mandates them to do so. This is why before lighting Chanukah candles, we say, “Asher Kideshanu B’Mitzvotav V’Tzivanu.” How can we say Hashem commanded us to kindle Chanukah lights if the Rabbis instituted it? The Gemara (Shabbat 23a) explains that Hashem commanded us to light Ner Chanukah because He commanded us to listen to Chazal. One source cited by the Gemara is the command to obey the Chachamim’s instructions (Devarim 17:8-11).

Ibn Ezra, Kuzari, and Rashba – Bal Tosif Applies to the Individual

The Ibn Ezra (to Devarim 4:2), the Sefer HaKuzari (3:40-41), and the Rashba (Rosh Hashana 16) clarify that Bal Tosif and Bal Tigra only apply to an individual. Chazal, however, are permitted and mandated to make additions.

Tosafot (Rosh Hashana 16b s.v. V’Tokim) clarify that even when Chazal add to the Torah, they must not change a Mitzva’s fundamental character. Repeating a Mitzvah (such as the additional Shofar blasts instituted by Chazal) does not violate Bal Tosif since it does not change the basic nature of the Mitzvah. Chazal, for example, do not add a fifth species to the Arba Minim or a fourth blessing to Birkat Kohanim. Tosafot would consider Yom Tov Sheni a repetition of a Mitzvah rather than changing its character.

Rambam and Ramban

The Rambam (Hilchot Mamrim 2:9) and Ramban (to Devarim 4:2) emphasize that when the Rabbanan add to the Torah, they must distinguish between Hashem's word and what they are adding. AdamHaRishonmadethismistakewhenheinstructed Chava to not only refrain from eating from the Etz Hadaat but also not to touch it (see Sanhedrin 29a). Adam failed to distinguish between Hashem’s command and his addition. The Nachash exploited this misunderstanding and pushed Chava into the Etz HaDaat. The Nachash told Chava that just as she did not die from touching the tree, she would be fine even if she ate from the tree (Rashi to Bereishit 3:4).

Fitting with the Torah

Although Chazal are mandated to add to the Torah (as long as they distinguish between their command and the Torah law), anything that the Rabbanan add must be “K’ein D’orayta”- compatible with the Torah (Pesachim 30b, Gittin 64b, and Bechorot 54a). Chazal may not add “foreign” elements to Torah. It all must fit with the Torah.

For example, Megillah 14a teaches that Purim is based on Pesach - “If we thank Hashem for taking us from slavery to freedom, how much more so we must thank Hashem for taking us from death to life.” Rav Yosef Dov Soloveitchik explains that the Rambam places Hilchot Chanukah after Hilchot Purim in his Mishneh Torah since Chanuka is based on Purim. Hashem took us from spiritual death (the Greeks sought to eviscerate Torah observance) to spiritual life on Chanukah.

By contrast, Yeravam ben Nevat’s new holiday had no basis in the Torah (and he was not authorized to institute a new holiday). Therefore his addition was illegitimate (and ultimately failed to stand the test of time).

The Unfinished Mansion

I heard a parable cited from the Maharal of Prague. The Maharal likens the Chachamim and Torah's relationship to someone assigned to complete an unfinished mansion. When completing the mansion, all added components must perfectly match the original.

Accordingly, Hashem deliberately chose not to complete the Torah. Our job is to complete the Torah. However, it must be thoroughly compatible with the original to be a legitimate extension. The same applies to post-Talmudic rabbinic rulings. They constitute an authentic addition to Torah only if it is completely compatible with Torah. Hashem will not permit it to stand the test of time if it is not.

Similarly, Hashem deliberately did not complete the world. Instead, he tasked us with completing the world (as expressed in the Midrash Tanchuma to Parashat Tazria regarding Brit Milah). Of course, any additions we make to the world must fully comply with the laws of nature. Otherwise, it will fail. Hashem expects us to complete His world and His Torah in similar ways.

Conclusion

Chazal are not decidedly not wholesale violators of Bal Tosif and Bal Tigra. Their activities are an integral and indispensable component of the Torah. Moreover, Chazal must hew to a structure for their enactments to constitute a legitimate Torah extension. The endurance of Chazal’s legislation through the millennia (contrasted with the Karaitic failure to last) is a testament to their legitimacy and even the divine support of their efforts.