Despite the vast body of rabbinic literature, the process of interpreting the Torah continues. The Oral Torah is unfinished. And this process does not depend on new divine revelations. Now, trying to understand God’s will must be carried out in another way: by applying human intelligence to the commandments given to us at Sinai. This process can go as far as making decisions democratically by a majority of duly accredited scholars.

In the Talmudic tractate Bava Metzia (59 a-b) a discussion is recounted between R. Eliezer and a group of sages. The issue was whether the oven of Aknai was pure or impure. R. Eliezer said yes and the sages said no. On that day, R. Eliezer brought all the arguments imaginable, but the sages did not accept them. Then he said to them: “If the Halacha agrees with me, let the carob tree prove it!” So ​​the tree was uprooted 100 cubits from its place (others say 400 cubits). No proof can be derived from the carob tree, the sages answered. Again R. Eliezer said to them: If the Halacha agrees with me, let the stream of water prove it! Then the stream of water began to run backwards. No proof can be derived from a stream of water, they answered again. Again R. Eliezer said to them: If the Halacha agrees with me, let the walls of this school prove it. Then the walls leaned as if they were going to fall down. At that R. Joshua said to the walls: When scholars are engaged in a halachic discussion, why do you have to intervene? And the walls did not fall, in honor of R. Joshua, but neither did they straighten up in honor of R. Eliezer and remained bowed. Again R. Eliezer said to them: If the Halacha agrees with me, let the proof come from Heaven. Then a heavenly voice was heard saying: Why do you argue with R. Eliezer, who does not see that on all points the Halacha agrees with him? But R. Joshua stood up and exclaimed: (The Torah) is not in heaven! What did he mean by this? R. Jeremiah explains: The Torah was already given to us on Mount Sinai. We will not listen to any heavenly voice. Therefore the opinion of the majority prevails.”

There is something else that is added below to this legend. The day after the argument, Rabbi Nathan meets the Prophet Elijah. Rabbi Nathan asks him: “What was Ha Kadosh Baruch Hu (God) doing at that time?” Elias answers: “He was smiling and saying, My sons have defeated me, My sons have defeated me.”

By Marcos Gojman

Bibliography: The Jewish People, their history and their religion, by David J. Goldberg and John D. Rayner.