In terms of decrees of the sages, I brought the issue up with my learning partner David Bronson and we went through the commentary of the Rambam and Ramban on the Mitzvot--about the issue.
At the time I was satified that there is some kind of justification. However it does seem weak.
[I might add here the importnat fact that the verse in the Torah "לא תתורו" do not go away from what they say refers to the Sanhedrin in Jerusalem that had legitamate ordination from Sinai that ceased to exist during the period of the Talmud.]
One thing I noticed today was that on the Mishna in Shabat, the Yerushalmi compares the day that the 18 decrees were made into law to the day of the making of the Golden Calf.--Which does not sound like a positive thing. [The 18 decrees were the begging of all decrees that were made during the time of the Mishna.]
My original question on this whole thing stemed froman Avot DeRav Natan. Rav Natahn was a person from the time of the Mishna and Gemara and he wrote a commentary on Pirkei Avot which has the status of a Braita. There in the beginning of Pirkei Avot he brings the statement of R Yose that the sages had no permission to make extra laws to put upon the laws of the Torah.
[My own approach to this has varied over time. At one point I just assumed that all decrees "Derabanan" [of the sages during the time of the Mishna] were obligatory. Then at the point when the religious world stated showing its ugly face, and my life was plugged into chaos I realized that keeping everything was not going to be possible. So I decided to pick one basic principle to stick with and as for everything else to depend on the opinions of the lenient authorities.
[This was an idea I got from reading Rav Nahman's books. In his major book the Le''M in two places he brings the idea of not to be strict about anything. And when Rav Natan his disciple asked him about a position of being the rav in some city that was offered to him Rav Nahman said "Why not?" Rav Natan answered, "I am afraid of having to make a legal decision (that might be wrong)."
Rav Nahman said, "As long as there is one authority ("posek") to depend on, you can depend on him."
[Which might refer to a rishon [mediaeval authority] but also might refer to the commentaries on the Shulchan Aruch itself.]
Based on that I usually was able to find some lenient opinion in a lot of cases that came up in my chaotic life. But even further--the Raavad and others hold once the reason for a decree is nullified the the decree itself is nullified.
[I might add here the importnat fact that the verse in the Torah "לא תתורו" do not go away from what they say refers to the Sanhedrin in Jerusalem that had legitamate ordination from Sinai that ceased to exist during the period of the Talmud.]
One thing I noticed today was that on the Mishna in Shabat, the Yerushalmi compares the day that the 18 decrees were made into law to the day of the making of the Golden Calf.--Which does not sound like a positive thing. [The 18 decrees were the begging of all decrees that were made during the time of the Mishna.]
My original question on this whole thing stemed froman Avot DeRav Natan. Rav Natahn was a person from the time of the Mishna and Gemara and he wrote a commentary on Pirkei Avot which has the status of a Braita. There in the beginning of Pirkei Avot he brings the statement of R Yose that the sages had no permission to make extra laws to put upon the laws of the Torah.
[My own approach to this has varied over time. At one point I just assumed that all decrees "Derabanan" [of the sages during the time of the Mishna] were obligatory. Then at the point when the religious world stated showing its ugly face, and my life was plugged into chaos I realized that keeping everything was not going to be possible. So I decided to pick one basic principle to stick with and as for everything else to depend on the opinions of the lenient authorities.
[This was an idea I got from reading Rav Nahman's books. In his major book the Le''M in two places he brings the idea of not to be strict about anything. And when Rav Natan his disciple asked him about a position of being the rav in some city that was offered to him Rav Nahman said "Why not?" Rav Natan answered, "I am afraid of having to make a legal decision (that might be wrong)."
Rav Nahman said, "As long as there is one authority ("posek") to depend on, you can depend on him."
[Which might refer to a rishon [mediaeval authority] but also might refer to the commentaries on the Shulchan Aruch itself.]
Based on that I usually was able to find some lenient opinion in a lot of cases that came up in my chaotic life. But even further--the Raavad and others hold once the reason for a decree is nullified the the decree itself is nullified.
