Adding and Subtracting from Torah/2

Adding and Detracting from Torah

Exegetical Approaches

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Limited to Specific Mitzvot

The prohibition is relevant only in the realm of religious worship and refers to adopting Canaanite practices into one's worship of Hashem.

Sources:R. Yosef KaraDevarim 13:1About R. Yosef Kara, ChizkuniDevarim 4:2Devarim 13:1About R. Chizkiyah b. Manoach #2,

The exact prohibition – These sources offer two variations of the specific actions which are being forbidden:

• Idolatry – Chizkuni on Devarim 2 asserts that the prohibitions pertain to idolatry, warning both against worshiping additional gods and detracting from the worship of Hashem.¹
• Sacrifices – R"Y Kara (and Chizkuni on Devarim 13),² instead, suggest that the prohibitions relate to the sacrificial service, and that they mandate that one bring sacrifices only from animals or birds, rather than from humans or from nothing at all.  One should not "add" and sacrifice also children, or "detract" and spare the animals.

Context – The two readings are supported by the context of the prohibition:

• Chizkuni notes that the command appears twice in Torah, both times in the context of idolatry. Devarim 4 connects the prohibition with the sin of Baal Peor, while Devarim 13:1 follows a warning against imitating Canaanite idolatrous practices and precedes laws regarding those who incite to idolatry.³
• R"Y Kara looks to the broader context of Devarim 13:1, to Chapter 12 as a whole,⁴ which discusses centralization of worship and proper sacrifices. The last verse of the chapter warns specifically against adopting cultic practices of surrounding nations such as child immolation.  This leads directly into the prohibition of not adding humans to the list of allowed sacrifices.

Purpose and necessity of law – Considering that warnings against both idolatry in general and child sacrifice in particular exist elsewhere, one might question what is added by this prohibition.  These sources might agree that there is no new content being introduced and suggest that the verse simply provides yet another warning due to the severity of the crime.

Biblical cases – Given the limited parameters of the law,  none of the Biblical characters who enacted their own decrees,⁵ temporarily suspended⁶ or adjusted existing laws,⁷ were in violation of "לֹא תֹסֵף".

What about rabbinic laws? As the prohibition of adding / detracting is limited to the realm of cultic practice, it does not forbid adding to other existing laws or even instituting an entirely new one. Chizkuni, thus, emphasizes that Hashem never prohibited adding safeguards to ensure proper observance of His laws. Though he does not say so, according to his reading, it would appear that even those without rabbinic authority should be allowed to do so.

Other potential cases of "לֹא תֹסֵף" – According to this approach, observing a mitzvah outside of its mandated time, performing it multiple times, or voluntarily taking on a mitzvah from which one is exempt would not be a violation of "לֹא תֹסֵף".

Polemics – Chizkuni is explicitly polemical in his comments, opening by saying, "תשובה למיני ישראל שפקרו על התלמוד".  He might be referring to the Karaites who reject the Oral law and Rabbinic decrees, pointing to the prohibition of "do not add" as proof that these are invalid.⁸  In limiting the scope of the law, Chizkuni renders their arguments baseless.

Relationship between "לֹא תֹסֵף" and "לֹא תִגְרַע" – According to this approach, the two statements constitute two distinct prohibitions, each the flip side of the other.

Relationship between Devarim 4 and 13 – This approach could say that each verse prohibits additions to a distinct mitzvah, one warns against worshiping additional gods and the other against adding to the list of permitted sacrificial items.

Limited to Mitzvah Details

The prohibition refers only to adding to or subtracting from the form or details of an already existing mitzvah, not to instituting new commands.

Sources:Sifre Devarim13:1About Sifre Devarim, RashiDevarim 4:2Eiruvin 96bRosh HaShanah 33aAbout R. Shelomo Yitzchaki, R. Yosef Bekhor ShorDevarim 4:2About R. Yosef Bekhor Shor, RaavadHilkhot Mamrim 2:9About R. Avraham b. David, ?MeiriBavli Rosh HaShanah 28bAbout R. Menachem HaMeiri?, perhaps Sefer HaChinukh454About Sefer HaChinukh,⁹ R"Y Albo3:14About R. Yosef Albo, perhaps ShadalDevarim 4:2Devarim 13:1About R. Shemuel David Luzzatto

Specifics of prohibition – Raavad asserts that the prohibition of "לֹא תֹסֵף" refers only to adding to existing positive commands: one may not add or detract from the proscribed method of performing any positive directive.  He cites examples from the Sifre such as not adding or subtracting from the four species of the lulav,¹⁰ four strands of tzitzit, or three priestly blessings.

Purpose of the law – Sefer HaChinukh asserts that one cannot change the form of Hashem's laws since they are complete and perfect as commanded.  Shadal adds that just because someone thinks an action will be pleasing to Hashem does not make it so, and thus one cannot decide on one's own to add to Hashem's command.  Moreover, innocent additions often unintentionally lead to problematic ones.¹¹

Relationship between "לֹא תֹסֵף" and "לֹא תִגְרַע"

• Elaboration – It is possible that these are not two distinct prohibitions but rather that the second phrase (לֹא תִגְרַע) comes to explain the first:
• R"Y Bekhor Shor asserts that the words "לֹא תִגְרַע" teach that it is prohibited to add to a law only if doing so will detract from its intended observance.¹²
• Sefer HaChinukh,, in contrast, implies that the verse is saying that due to the perfection of Hashem's laws' all additions to a mitzvah are by definition a detraction.¹³ [See below for the legal ramifications of the different readings.]
• Distinct prohibitions – This position could alternatively explain that each prohibition is distinct and simply the inverse of the other.  Just as one cannot add details, one cannot omit or lessen them.

What about rabbinic laws? As "לֹא תֹסֵף" does not relate to enacting new laws and prohibitions, only to changing existing ones, rabbinic decrees are not problematic. Adding prohibitions to safeguard the Torah is permitted¹⁴ and even instituting new laws such as washing hands or making the holiday of Purim would not constitute a violation.

Potential cases of "bal tosif"

• Performing a mitzvah multiple times – As repeatedly performing a mitzvah does not alter Hashem's original command, this is not problematic.¹⁵
• Extending the time frame of a mitzvah – According to R"Y Bekhor, since observing a mitzvah not in its proper time has no effect on and does not nullify the original observance, this would not be problematic.¹⁶  According to Sefer HaChinukh, in contrast, any change to the mitzvah lessens it and so this, too, would be problematic.¹⁷
• Voluntary performance of a mitzvah – Since observing a command from which one is exempt does not change the nature of the law, this would not be a violation.

Biblical Cases – ‏This position must explain several cases in Tanakh in which Biblical figures appear to add to or detract from existing positive commandments:¹⁸

• Ezra's 1/3 shekel – This position might explain, as does Ralbag, that due to changes in currency, in Ezra's time a third of a shekel was equivalent in value to a Biblical half shekel and thus there was no change at all in the law.
• Shelomo's 14 day holiday – Rashi notes that from Divrei HaYamim it is clear that Shelomo did not celebrate Sukkot for two weeks, but celebrated the dedication of the Mikdash for seven days and the festival for seven says.
• Extra lamps and tables in Mikdash – These sources might suggest that Torah speaks only of the vessels of the Tabernacle and nowhere mandates that the vessels of the Mikdash need be the same number or size.

Context – R"Y Albo suggests that, in context (Devarim 12-13), the prohibition constituted a warning against adopting and adding Canaanite practices to one's worship of Hashem.¹⁹ This, though, is simply a prototype laying out the nature of the law, which is understood to also apply to any similar case of adding to an existing practice.²⁰

Relationship between Devarim 4 and 13 – This position does not distinguish between the two and assumes that the difference between the singular and plural formulation is insignificant.

Fluidity of Torah

Applicable Only to the Masses

The directive is aimed only at the masses.  Leaders such as prophets or judges are given the right to add to the Torah's commandments.

Sources:Kuzari3:39-41About R. Yehuda HaLevi, Hoil MosheVayikra 16:8Bemidbar 15:23About R. Moshe Yitzchak Ashkenazi

"אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם" – The Kuzari explains that these words include not only commands that were relayed to the nation via Moshe, but those relayed by any valid prophet, priest or judge from the Temple. The verse is saying that the masses can't add or detract from laws relayed by their leaders, not that the leaders themselves cannot enact laws and safeguards.

Evidence that leaders may "add" and "detract"

• The Kuzari points to verses such as Devarim 17:9-11 or Devarim 18:18-19 which dictate that one must act according to what is directed by the priest, prophet or judge.  
• Hoil Moshe also points to Bemibdar 15:22 "אֵת כׇּל אֲשֶׁר צִוָּה י״י אֲלֵיכֶם בְּיַד מֹשֶׁה מִן הַיּוֹם אֲשֶׁר צִוָּה י״י וָהָלְאָה לְדֹרֹתֵיכֶם" as proof that even after Moshe, laws can change, based on what Hashem commands his prophets.

Why are leaders exempt? R. Yehuda HaLevi  explains that since these leaders are close to the Shekhinah, are blessed in natural and acquired wisdom, often have some prophetic ability, and are checked by their peers, they are very unlikely to err.

Purpose of the law

Includes Also Adding Mitzvot

The prohibition includes both adding to the details of a mitzvah and creating an entirely new one.

Sources:RambamMishneh Torah Minyan HaMitzvot ConclusionHilkhot Yesodei HaTorah 9:1-2Hilkhot Tefillah uBirkat Kohanim 14:12Hilkhot Mamrim 2:9About R. Moshe b. Maimon, RambanDevarim 4:2About R. Moshe b. Nachman, RalbagDevarim 4:2Melakhim I 8:65Devarim Toalot 4:2About R. Levi b. Gershom, Vilna GaonDevarim 13:1About R. Eliyahu of Vilna,  HaKetav VeHaKabbalahDevarim 4:2Devarim 13:1About R. Yaakov Mecklenburg, R. HIrsch (like Rambam), MalbimDevarim 4:2Esther 9:31About R. Meir Leibush Weiser, R. David Zvi HoffmannDevarim 4:2Devarim 13:1About R. David Zvi Hoffmann

¹ Chizkuni does not elaborate upon what this would entail, writing only, "לא לגרוע מיראתו".  Today one might suggest that the verse warns against both polytheism and atheism, but it is doubtful whether atheism existed in the time of Tanakh.

² Cf. the commentary Keter Torah by the Karaite, Aharon b. Eliyahu, who explains that the prohibition of Devarim 13:1 relates to adding or detracting from any aspect of the sacrificial service (and not simply what one may offer as a sacrifice). He points to the nation's not lighting the lamps or offering incense in the time of Achaz (as described in Divrei HaYamim II 29:7) as an example of transgressing "do not detract".

³ Chizkuni only mentions the context of Devarim 12, likely viewing 13:1 as forming a conclusion to that chapter.

⁴ He, too, views the verse as the conclusion to that chapter rather than an opening to Chapter 13.

⁵ An example would be Esther's creating of a new holiday.

⁶

Thus, Eliyahu making an altar on Mt. Carmel in the period in which individual altars are forbidden would not be seen as an example of "do not detract".

⁷ See, for example, Ezra who appears to change the directive to give a half shekel donation, reducing the amount to 1/3.  [According to Ibn Ezra, in contrast, he actually increases the amount, mandating that the nation bring 1/3 a shekel in addition to the normal 1/2.].

⁸ See the Karaite, Aharon b. Eliyahu's Keter Torah on Devarim 4:2.

⁹ Sefer HaChinukh also brings Rambam's understanding of the mitzvah that it is prohibited to present a Rabbinic decree as if it  is mandated from the Torah, or to present a Torah law as if it is only rabbinic in nature.  It seems, however, that his preferred understanding is that it relates only to adding to the details of already existing mitzvot.

¹⁰ There is a dispute regarding whether this includes only adding a totally different species, or also adding more of each  (using 2 palm fronds rather than one).

¹¹ As an example he notes that if one person thinks there is no problem in offering a deer to God, someone else might suggest that a human, too, is fine. Many of the abominations of idolaters stemmed from customs which were themselves upright, but were eventually twisted into something else.

¹² Thus, he suggests that as adding a fifth species to to a lulav effectively nullifies the entire mitzvah, it is prohibited. Celebrating a seven day holiday for eight days, on the other hand, would not be included in the prohibition, as the extra time does not detract from the original holiday.

¹³ Despite this reading of the verse, he nonetheless does count "לֹא תִגְרַע" and "לֹא תֹסֵף" as distinct commands.

¹⁴ In fact, if the purpose of the original prohibition is to maintain the perfection of Hashem's laws, adding such safeguards should even be encouraged.

¹⁵ Thus, if one were to blow shofar numerous times on Rosh HaShanah it would not be considered "adding" to the mitzvah.

¹⁶ If one sits in a Sukkah after the holiday, it does not affect the observance of the original seven days which were done properly, so there is no "detraction".

¹⁷ This is on condition that the individual was doing the action intending it to be a mitzvah. According to Sefer HaChinukh, a person who intends to celebrate an eighth day of a seven day festival is changing the nature of the mitzvah, as the holiday was meant to be observed for only seven days.

¹⁸ Cases where an entire mitzvah is added (Esther) or temporarily suspended (Eliyahu's altar) are not problematic as such actions are not included in the prohibition of "do not add" according to this approach.

¹⁹ See the opinion of R"Y Kara above.

²⁰ See Shadal similarly.