demonstrate the indispensability of the talmudic interpretation and application of the Bible . They also had to demonstrate the rabbinic right to legislate. Rabbi Moses of Coucy provided such a defense in his Sefer Mitzvot Gadol. He described how rabbinic sages, disciples of the prophets, were the rightful heirs to carry out the Biblical injunction:“You must not deviate from that which they instruct you either to the right or to the left”(Deut. 17:11). He then wrote:“And whosoever should examine this book[i.e., the Talmud ] will see how they made a fence for the Torah (asu seyag latorah) and on their authority enacted[ordinances] to create a buffer that will prevent Jews from violating a Biblical prohibition.”
The rabbinic legislative powers were developed throughout the Talmudic era. A comprehensive review of the major principles and guidelines for legislative activity by the halakhic authorities can be found in Menachem Elon ’s monumental four-volume work: Jewish Law: History Sources, Principles. In it, Elon identified several major methodological principles of rabbinic legislation, including® Shev ve-al ta-aseh™“Sit and do not perform,” a positive mitzoah from the Torah . A rabbinic court may legislate that a precept of the Torah should not be carried out. For instance, the Rab bis prohibited the sounding of a shofar when Rosh HaShanah fell on Shabbat even though the Torah commanded that the shofar to be sounded,* and they extended the Biblical law against boiling Meat in its mother’s milk to include poultry.
The converse of the first principle listed above(sit and do not do) is kum va-aseh?(get up and do). Specifically, this concept established the Rabbinic right to issue decrees that compel us fo do that which the Torah has commanded us not to do. This is the most controversial of the principles of rabbinic legislation. It is hardly Surprising that not all rabbis agreed that they had this authority.
'e Talmud recorded a debate between the third-century amoraim Hisdah and Rabbah on this issue. Rabbah did not believe that Tabbis possessed the authority to permit an act prohibited by the Torah . Hisdah thought they did.
This debate in Yevamot 90b involved an exegesis of Deuteron omy 18:15(“The Lord your God will raise up for you a prophet from Mong your own people, like myself; unto him you shall hearken.”):
Come and hear:“Unto him you shall hearken(Deut. 18:15),” even if he tells you to transgress any of the commandments of the Torah. or instance, Elijah on Mount Carmel—obey him in every respect