The Rambam[ה' ממרים] holds there is a difference between (1) גזרות תקנות ומנהגים [decrees and laws that were instituted by the sages] and (2) laws made as a fence for Torah. The prime example of the later are the 18 laws brought in the first chapter of Shabat. But the Rambam extends that to anything made as a fence.
Thus for the Rambam: laws judged by the 13 principles can be changed by a later court of law even a small one.
Things that are תקנות גזירות ומנהגים ([decrees and laws that were instituted by the sages]) can be changed by a later court if that later court is greater in number and wisdom. Laws made for a fence can not be changed by any court of law- ever. [The Rambam is obviously getting this last category from the first chapter of Shabat concerning the 18 decrees.]
The issue here is the Raavad who makes only two distinctions -if the law דרבנן is accepted by all Israel. If so no one can nullify it. If not, then even a small court can nullify it. So when does the גדול בחכמה ומניין become relevant to the Raavad?
The question here is אבות דר' נתן The commentary on Pirkei Avot from the amoraim [sages of the Talmud]. There it is clear that no one has the authority to make a law as a fence for the Torah since it says doing so is like what Adam HaRishon [the first man] did in adding to the command of God not to eat from the tree of knowledge. So what does this mean? Perhaps the Rambam saw this midrash and decided that we see from it a difference between decrees and laws that were instituted by the sages and things instituted for a fence. However the Rambam is saying the opposite of that braita [teaching] in so far as the laws made for a fence are more strict.
The teaching in אבות דר' נתן is very explicit about decrees that add laws to Torah law. It says better a wall that is ten inches and stands, rather that a wall 100 yards and falls. This is obviously of great relevance today when people are constantly coming up with new things to add to the Law of the Torah.
The interesting thing is the fact that things learned by the 13 principles are the most lenient and can easily be changed. That is contrary to the usual way these things are understood. But it fits well with teh well known opinion of the Rambam that things derived from the 13 principles are דברי סופרים words of the scribes as he says in the ways a woman can be married.
Thus for the Rambam: laws judged by the 13 principles can be changed by a later court of law even a small one.
Things that are תקנות גזירות ומנהגים ([decrees and laws that were instituted by the sages]) can be changed by a later court if that later court is greater in number and wisdom. Laws made for a fence can not be changed by any court of law- ever. [The Rambam is obviously getting this last category from the first chapter of Shabat concerning the 18 decrees.]
The issue here is the Raavad who makes only two distinctions -if the law דרבנן is accepted by all Israel. If so no one can nullify it. If not, then even a small court can nullify it. So when does the גדול בחכמה ומניין become relevant to the Raavad?
The question here is אבות דר' נתן The commentary on Pirkei Avot from the amoraim [sages of the Talmud]. There it is clear that no one has the authority to make a law as a fence for the Torah since it says doing so is like what Adam HaRishon [the first man] did in adding to the command of God not to eat from the tree of knowledge. So what does this mean? Perhaps the Rambam saw this midrash and decided that we see from it a difference between decrees and laws that were instituted by the sages and things instituted for a fence. However the Rambam is saying the opposite of that braita [teaching] in so far as the laws made for a fence are more strict.
The teaching in אבות דר' נתן is very explicit about decrees that add laws to Torah law. It says better a wall that is ten inches and stands, rather that a wall 100 yards and falls. This is obviously of great relevance today when people are constantly coming up with new things to add to the Law of the Torah.
The interesting thing is the fact that things learned by the 13 principles are the most lenient and can easily be changed. That is contrary to the usual way these things are understood. But it fits well with teh well known opinion of the Rambam that things derived from the 13 principles are דברי סופרים words of the scribes as he says in the ways a woman can be married.
