Halacha Date: 2 Tammuz 5774 June 30 2014
Question: When we refer to a disagreement among the Poskim, we commonly exclaim “both of these are the words of the living G-d.” How can this be? The Torah was given from Heaven and thus, Hashem could have only told Moshe Rabbeinu that either one way is the proper way to behave or the other way is. How can both conflicting opinions be correct and true in the same Torah?
Answer: The Gemara (Eruvin 13b) states: “Rabbi Abba said in the name of Shmuel: Bet Shammai and Bet Hillel disagreed for three years, each claiming that the Halacha followed their opinion, until a Heavenly voice exclaimed, ‘Both of these are the words of the living G-d, however, the Halacha follows Bet Hillel.’”
The Ritba writes: “The French Sages asked how it can be that both opinions are the words of the living G-d if one permits and one prohibits? The answered that when Moshe Rabbeinu ascended to the Heavens to receive the Torah, they showed him (for every matter about which a disagreement among the Sages would later ensue) forty-nine reasons to prohibit and forty-nine reasons to permit the matter. Moshe then asked Hashem, ‘How then should the Halacha be decided?’ Hashem replied, ‘This will be transferred to the Sages of each generation and the Halacha shall follow whatever they decide.’” The Ritba concludes, “Although the explanation we have written is correct, there is a deeper understanding of this matter based on the hidden, mystical portion of Torah.”
Similarly, we find in a different Gemara (Gittin 6b) that Rabbi Yonatan and Rabbi Evyatar disagreed about a certain issue. Rabbi Evyatar met Eliyahu Ha’Navi and asked him, “What does Hashem say?” Eliyahu Ha’Navi replied, “Hashem says, ‘My son Yonatan says such-and-such and my son Evyatar says such-and-such.’” The Gemara then proceeds to explain how both opinions can be correct in the context of what they disagreed about and that it is as if Hashem enjoys delving in the words of Torah offered by his children, the Sages of Israel.
Nevertheless, the rule our Sages instituted that “both of these are the words of the living G-d” does not apply to Halacha, for regarding Halacha, the specific laws of making a halachic decision must be followed. For instance, we have another great rule that “one must lean towards the majority.” Thus, if an overwhelming majority of the Poskim lean one way and one or few Poskim lean the other way, the opinion of the scholar who is the clear minority opinion does not bear as much weight. This follows the direction of the greatest Poskim who knew well how to decide Halacha matters according to the true Torah path.
Clearly, the rule that “both of these are the words of the living G-d” applies only to a disagreement between true Torah scholars who have not erred as a result of an y reason, for if not, it is possible that one of the scholars made a mistake since error is a trap every human being falls into, without fail.
Similarly, this rule only applies to great Torah scholars who disagree in Torah. However, we cannot attribute this rule to anyone who calls himself a “rabbi” and says things in contrast to the opinion of the great Poskim, G-d-forbid. Whoever says so is actually insulting the honor of the true Torah.
An incident once occurred where Maran Rabbeinu Ovadia Yosef zt”l came to a certain synagogue in the Har Nof neighborhood of Jerusalem. There he saw a sign posted at the entrance to the Bet Midrash which announced a full day of Torah study in which several well-known rabbis would be participating. Before one of the rabbi’s names was the title “the great Gaon.” When Maran zt”l saw this he exclaimed in a puzzled tone, “the great Gaon?” After he left, he explained, “When one writes ‘the great Gaon’ for every rabbi, one is insulting the honor of true Geonim.’”
