this post was submitted on 06 May 2024
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Except... that rule is actually an extremely liberal interpretation of the original scripture. "It is not in heaven" refers to Deuteronomy 30:
Which is basically a lot of words to say "what I'm asking of you is not impossible". Rabbi Yehoshua quoted that verse as kind of a wordplay (since Rabbi Eliezer made a voice appear from heaven), and Rabbi Yirmeya twisted that to say "it no longer belongs to God, he can no longer decide".
BTW - if you read the original text in the Talmud, and ignore Rabbi Yirmeya's interpretation and Rabbi Natan's supernatural story about God proclaiming "My children have triumphed over Me" (we can determine that these two are later additions because the Talmud makes sure to give credit to the tannaim that added them - unlike the original tale which is uncredited) you get a whole different story about how Rabbi Eliezer is doing all sorts of "miracles" trying to prove his authority while the rest of the Sanhedrin standing there unimpressed because unlike the unwashed masses this kind of performance usually works on - they know how these magic tricks work, and would very like to get over that part and continue with their halachic discussion.
At any rate, the twisting of the scriptures is very very common in the halacha. The very "rule" that presumably allows them to twist the scriptures is also a twist of the scriptures. Deuteronomy 17 says:
Which basically says, again in so many words (I think God knew his words were going to get twisted, so he took the extra effort to be very very clear and precise. It didn't work), "if there is a dispute go to these people who have the authority to judge, and act according to what they rule". Which is pretty much how a judicial system operates. But they took this passage and said "see! it says right there - 'they shall tell thee, thou shalt do'. This means you have to do e-v-e-r-y-t-h-i-n-g we say! No questions asked!"
And to this day, Jewish people would still quote that part to prove that the Talmud's authority is legitimate while completely ignoring the context it was taken out of.