Adding and Subtracting from Torah/2
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Adding and Detracting from Torah
Exegetical Approaches
Limited to Specific Mitzvot
The prohibition is limited in scope and is relevant only in the realm of religious worship.
The exact prohibition – Though both sources agree that the prohibition forbids adopting Canaanite practices into one's worship of Hashem, they 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 warning3 against imitating Canaanite idolatrous practices and precedes laws4 regarding those who incite to idolatry.5
- R"Y Kara looks to the broader context of Devarim 13:1, to Chapter 12 as a whole,6 which discusses centralization of worship and proper sacrifices.7
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,8 temporarily suspended9 or adjusted existing laws,10 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 Chizkuni 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.11 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 say12 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 Devarim, Rashi, R. Yosef Bekhor Shor, Raavad, ?Meiri?, perhaps Sefer HaChinukh,13 R"Y Albo, R. Shemuel Eidels, R. Yosef Babad, Shadal
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,14 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 elaborates 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.15
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 detract16 from its intended observance.17
- 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.18 [See below for the legal ramifications of these 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 permitted19 and even instituting new laws such as washing hands or making the holiday of Purim would not constitute a violation.20
Potential cases of "לֹא תֹסֵף"
- Performing a mitzvah multiple times – As repeatedly performing a mitzvah does not alter Hashem's original command, this would not be considered problematic.21
- 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 manner of the original observance, this would not be problematic.22 According to Sefer HaChinukh, in contrast, any change to the mitzvah lessens it and so this, too, would be problematic.23
- 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.24
- Implying that a Rabbinic law is of Torah origin (or vice versa) – Raavad explicitly states that this is allowed.25
Biblical Cases – This position must explain several cases in Tanakh in which Biblical figures appear to add to or detract from existing positive commandments:26
- 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 asserts 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. This is supported by the description in Divrei HaYamim II 7:8 which mentions that the festival was observed for just seven days.27
- 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),28 the prohibition constitutes a warning against adding Canaanite practices to one's worship of Hashem.29 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.30
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 – R"Y Albo asserts that Hashem sometimes changes laws in accordance with the nation's needs, as evidenced within Torah itself. However, once the Torah was given through Moshe it has and will remain static, unless there is another Divine revelation as great as that at Mt. Sinai.
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.
Textual evidence that leaders may "add" and "detract" – These sources bring several verses as proof that leaders have the right to enact new laws (and, thus, that "לֹא תֹסֵף" does not apply to them):
- The Kuzari points to 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, implying that they have the authority to make new decrees.31
- Hoil Moshe also points to Bemidbar 15:23 "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 (in accordance with what Hashem commands his prophets).
Which leaders? The Kuzari
Why are leaders exempt from "לֹא תֹסֵף"?
- Unlikely to err – R. Yehuda HaLevi explains that since these leaders are close to the Divine Presence, are blessed in both natural and acquired wisdom, often have some prophetic ability, and are checked by their peers, they are very unlikely to err.32 One cannot say the same about the masses.
- Oral tradition – Hoil Moshe suggests that already when given, many laws might have been accompanied by conditions and secret instructions which allowed for adaptation.33 These were relayed to the leaders of the time so that laws could be changed later when a future era necessitated or allowed for it.34 In other words, many later changes might be rooted in an oral tradition going back all the way to Moshe.
Limits to leaders' authority – Hoil Moshe places one limit on the ability of prophets and sages to innovate laws – that such laws do not affect the principles of faith or fundamentals of Torah. [However, he does not explain how one is to know what is included in such "principles" or who has the right to determine this, leaving room for one to nullify or change almost any law.]
Purpose of the law – These sources imply that the purpose of the law is to ensure that those who do not have sufficient knowledge do not make changes to the Torah which are not in line with Hashem's wishes.
Expansion of "לֹא תֹסֵף" – Although the Kuzari limits the audience addressed by the prohibition of "do not add" to the masses, he simultaneously expands the scope of the laws covered, suggesting that the prohibition applies not only to laws relayed by Hashem, but also to laws relayed by any of their leaders.35 A layman cannot add or detract from even Rabbinic law.
Biblical cases – The Kuzari points to adjustments and new laws made by David, Shelomo and Ezra as evidence that such changes are permitted.
Potential cases of "לֹא תֹסֵף"
- Rabbinic law – This approach clearly allows for rabbinic decrees, and does not limit these to those which are meant to safeguard existing commandments. Any innovation which accords with the fundamentals of Torah is allowed.
- Adding to existing laws – This approach might suggest that leaders are even allowed to change the form of a law (like adding a species to lulav) or to extend the time frame in which a law is observed (taking a lulav on the eighth day).36
- Voluntary performance of a mitzvah – According to this approach, it would seem that if a layman on his/her own decides to take upon themselves an extra obligation, this might be considered a violation of "do not add".37 However, if the Sages allow for such voluntary performance, it would be permissible.
Fluidity of Torah – Hoil Moshe views Torah law as fluid and open to change, as long as such changes are made by Sages who ensure that Torah's foundations remain intact. He notes that as people and times change, adaptations to the law become necessary. One generation might need a harsher penal code, while another might find certain laws too difficult.38
Polemics – The Kuzari refers to the Karaites explicitly and most of his comments appear to be directed at them. He, thus, goes out of his way to both validate Rabbinic authority (which they reject) and to invalidate individual innovations or interpretations (like those of the Karaites)39 which affect the law.40
Theological questions – This approach raises important theological questions:
- Prophetic authority – How is one to know who has prophetic (or leadership status)? If prophets are allowed to make news laws and suspend old ones, what is to stop an individual claiming prophetic authority in the future from simply doing away with all of Torah?41 This question might be what leads the Kuzari to consistently refer to those leaders who are centered "בַּמָּקוֹם אֲשֶׁר יִבְחַר ה"
- Can prophets and judges err? If one assumes that they can, how is one to trust their innovations?42
- Is not Torah eternal? Claiming that the Torah is somewhat fluid and that changes are allowed seems to imply that the Torah is neither eternal nor perfect. Hoil Moshe might respond that additions to or detraction from Torah do not imply a lack of perfection in the Torah but rather in people. Hashem Himself does not change, but people do.43
Context – The law is found both at the beginning of Moshe' legal speech, an appropriate place to discuss who and who does not have the authority to make or change laws, and at the conclusion to Devarim 12, which speaks of the laws of "the place which Hashem shall choose". As the Kuzari views this as the center of the nation's leadership, emphaisizing that specifically those whose authority stems from there alone have the ability to enact laws, it is a fitting place to remind the rest of the nation that they, in contrast, do not share the same privilege.
Includes Also Adding Mitzvot
The prohibition includes both adding to the details of a mitzvah and creating an entirely new one.
Sources:Rambam, Ramban, Ralbag, Vilna Gaon, HaKetav VeHaKabbalah, R. HIrsch, Malbim, R. David Zvi Hoffmann
Under what circumstances may one not add laws?
Relationship between Devarim 4 and 13
לשמר את מצות ה׳ – R. Hirsch asserts that these words betray the goal of the law - that mitzvot be kept as give. as such, it is implied that any decrees made by the sages in an effort safeguard Torah, or from a pace of doubt, are permitted.