Authority of the High Court
What happened if the local courts where unable to decide a case? In such cases, the Torah gives ultimate authority to the high court of 71 elders in Jerusalem:


"If you are unable to reach a decision in a case.... Then you must set out and go up to the place that God will choose. You must approach the Levitical priest and the judge who will be at that time... and you must do as they tell you. You must keep the Torah as they interpret it for you and follow the laws that they legislate for you." (Deuteronomy 17:8-11)

Is there complete intellectual freedom in thought and ideas?



In what areas did the high court have jurisdiction? Was it only in legal, Halachic matters, or also in beliefs and principles of faith?


In other words, is there complete intellectual freedom in thought and ideas, as long as we accept and follow the codes of practical Halachah? Or are there principles of faith that are incumbent upon all to believe?


Prophetic Influence
The two Talmuds appear to disagree about this point. The Babylonian Talmud (Sanhedrin 87a) explains that the cases brought to the high court were legal in nature: "davar - this is Halachah." The Jerusalem Talmud, on the other hand, explains that the cases also included Aggadah, the non-legal side of Torah. What is the basis for this disagreement?


In a letter from 1908, Rabbi Avraham Yitzchak Kook explained that this is the core difference between Torah from Eretz Yisrael and Torah from outside the Land.


The divergent approach of the two Talmuds stems from the fact that prophecy is limited to the Land of Israel (see Mo'ed Katan 25a). The prophetic influence enjoyed by the Torah of Eretz Yisrael affects both its style and basic nature.


Since the Torah of the Land of Israel is rooted in the wisdom of prophesy, elaborate discussions are unnecessary. Legal analysis and the interpolation of laws are accomplished through broad overview and prophetic insight. This explains the terse style of the Jerusalem Talmud, where subtle hints are sufficient to decide the Halachah.


The Babylonian Talmud, lacking this prophetic input, required lengthy discussions to clarify and determine the Halachah, using complex legal reasoning. Thus, unlike the expression commonly found in the Jerusalem Talmud - ta chazi ("come and see"), the Babylonian Talmud uses the expression ta shema ("come and hear"). Ta shema indicates a greater distance from the source, similar to the difference between the clarity of sight versus that which is only heard.


Unity of Halachah and Aggadah
But the difference between the two Talmuds is not limited to style. The author of Chovat HaLevavot wrote in his introduction that matters of faith and belief - the foundations of Aggadic teachings - are not under the jurisdiction of the high court. This, he explained, is because these teachings are not a matter of tradition, but rather the fruit of our intellectual efforts.


This position, however, is not universal. We find other opinions, such as that expressed by Rabbi Hai Gaon in a responsum regarding the study of intellectual pursuits, that also Aggadic teachings are authoritative.


The opinion of the Chovat HaLevavot is suitable to the form that Torah takes outside the Land of Israel. There, without prophetic influence, beliefs and opinions are based solely on the powers of logic and reason. Since interpretation and innovation in Torah are a

The Torah of the Land of Israel is rooted in the wisdom of prophesy.

matter of intellectual effort, it is natural to distinguish between the detailed study of Halachah, requiring meticulous legal analysis, and the expansive, sublime study of Aggadah. For this reason, the Babylonian Talmud distinguishes between Aggadah and Halachah, stating that the prohibition of lo tasur (disobeying the high court) only applies to legal matters.


In Eretz Yisrael, however, where Torah is rooted in prophetic influences, the legal and non-legal areas of Torah share a common basis. Tradition and authority exist in beliefs as well as in deeds. Thus, the Jerusalem Talmud rules that the high court's authority also extends to Aggadah.


The Kohen and the Judge
This distinction allows us to understand the wording of the text: "You must approach the Levitical priest and the judge who will be at that time." Why mention both the kohen (priest) and the judge?


These two officials represent two forms of Torah authority. The kohen represents the Torah that uses prophetic means to ascertain the Halachah. His Torah stems from his status as a messenger of God: "From the kohen's lips they will guard knowledge... because he is an angel of the God of Hosts." (Malachi 2:7) This is particularly true of the High Priest, who required Divine inspiration in order to consult with the Urim and Thummim (Yoma 73).


The judge, on the other hand, represents that form of Torah adjudicated according to logic and legal reasoning. The verse mentions both the kohen and the judge in order to stress that both approaches are valid and binding. If the Torah had only mentioned the kohen, one might think that only a Torah based on prophetic inspiration would retain this authority. And if the Torah had only mentioned the judge, one might have thought that there is no place for Divine inspiration in the Halachic process.


Future Light
It is natural to distinguish between the expansive study of Aggadah and Divine ideals, as opposed to the technical mindset required for intricate Halachic analysis. In the depths of the soul, however, lies an inner aspiration to combine these two areas.


With the revelation of the Messianic light and increased greatness in the roots of souls,

The revealed part of Torah will become more transcendent.

the divide between these two sides of Torah will lessen. The esoteric part of Torah will become more revealed, and the revealed part of Torah will become more transcendent and closer to the mystical side. The Zohar expresses the special connection of the Torah of Eretz Yisrael to the Messianic period with the statement that the Babylonian Talmud is the Temurah, "the exchange," while the Jerusalem Talmud is the Geulah, "the redemption" (Zohar Chadash on Ruth).


"In the end of days, the Divine light will be revealed, and the style of well-founded Halachot will approach that of the Aggadot of the mystical 'orchard of holy apples.'" (Orot pp. 89-90)


[Adapted from Igrot HaRe'iyah vol. I pp. 123-124, letter 103 (Tevet 5668)]