Advice to Dissent

Haim Watzman

Israelis often wail that the country lacks unity. But when most Israelis say “We need more unity,” what they really mean is “More people should agree with me.” Dissent can be a pain, but it’s essential—as is recognized by the Sages of the Talmud in the Horayot Tractate (4b). The Beit Midrash run for the last two years by Kehilat Yedidya last week finished its study of this tractate with just this insight.

Horayot deals with the issue of what happens when a court—a rabbinic court, which served as the chief legislative and moral authority of Jewish communities in Talmudic times—makes a ruling mistakenly. To do this, it reads Torah passages in Leviticus 4 and Numbers 16. These passages deal with a sacrifice called the korban shogeg, to be offered by a person or group of people who has violated a Torah precept without intention. While the Sages of the Talmud lived long after the Temple was destroyed and the sacrificial service ceased, they continue to use this language. Assignment of responsibility for the error is designated by the assignment of the requirement to bring this sacrifice.

The question is: if a court makes a ruling that violates the Torah, does the ultimate responsibility fall on the court, or on the individual who obeyed the court’s instruction?

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