What are the principles of flexibility and limitations inherent in the halakhic process? How did the sages of the Mishnah and Gemara establish their right to challenge the literal teachings of the Torah text? If radical innovation was and is possible, what principles constrain rabbis(both past and present)? What are the origins of rabbinic authority, our self-proclaimed mission to build a seyag laTorah, a protective fence around the Torah , by means of takkanot and gezerot? Takkanot and gezerot are forms of rabbinic legislation. Though the terms are frequently used interchangeably, some authorities use the term takkanah when the rabbis mandate a new action or observance and gezerah when the rabbis make a ruling that extends or limits an existing observance.** These principles enabled rabbis of every generation to legislate and even to contradict a law from the Torah . How could they claim such discretionary power?
New interpretations, applications and radical changes to law as it appears in the Torah can be traced to biblical times.?! The Torah itself provides clear examples of challenges to law and subsequent changes. The daughters of Zelophechad complained to Moses that just because their father had no son, the family inheritance should not be lost. Rather, it should be given to the daughters(Numbers 27:1-11):“Let not our father’s name be lost to his clan just because he had no son! Give us a holding among our father’s kinsmen.” Moses sought divine help to adjudicate this case. And the Lord said to Moses ,“The plea of Zelophechad’s daughters is just....” After this challenge, daughters were included in the line of inheritance. A little later, a new challenge arose. What happens if the daughters of Zelophechad do Not marry one who is of the tribe of Manasseh ? Will not the land, promised by the Torah to the tribe Manasseh , be transferred by means of marriage to another tribe? Once again Moses turned to God and the law was further amended:“This is what the Lord has commanded concerning the daughters of Zelophechad: They may marry anyone they wish, provided they marry Into a clan of their father’s tribe. No inheritance of the I[sraeltes may pass over from one tribe to another, but the Israelites Must remain bound each to the ancestral portion ot his tribe”