every denomination. It may be inaccurate to speak of Am Echad, nevertheless, a large degree of homogeneity remains among our major denominations. This is the direct result of the strict limits the rabbis placed upon their legislative authority. Radical innovations, eclectic expressions and individual autonomy lead to more sectarian divisions.’
Some liberal Rabbis seem far too eager to experiment and create without reflection on the long-term effect on Jewish continuity. While my colleagues and I are quick to criticize our Ortho dox brethren for not taking advantage of the flexibility inherent in halakhah, we Progressive Jews must answer to the charge that we play too fast and loose with tradition and halakhic process. Therefore, let me review the major principles that limit halakhic legislation: rabbis were criticized for issuing excessively restrictive decrees. rabbis were not permitted to impose a takkanah or gezerah that the majority of Jews would not heed. Rabbis were forbidden to issue a decree against the will of the majority of Jews. Criticism was especially unleashed against those who promulgated excessive restriction(gezerot) that burdened the people. In Avot d'R. Natan the-author warned that such burdens are more likely to lead the people to abandon the Jaw than to achieve levels of super-piety.>? A sage of the Yerushalmi stated:“Is it not enough for you what the Torah has forbidden, that you go and prohibit additional things!”
The prohibition against a gezerah or takkanah that the majority of the people will not obey was clearly stated in Avodah Zarah 36a:
Our sages relied upon the dictum of Rabban Simeon b. Gamaliel and R. Eliezer b. Zadok who declared:“We make no decree upon the community unless the majority are able to abide by it.” R. Adda b. Ahaba said:“What Scriptural verse supports this rule? You are cursed with the curse; for you rob Me, even this whole nation (Malachi 3:9). When the whole nation has[accepted an ordinance, then the curse which is the penalty of its infraction] does apply, otherwise it does not.”
Maimonides codified this limitation in his Mishel Torah:“Before instituting a gezerah or enacting a takkanah or introducing a minhag which it deems necessary, the rabbinic court(Beit Din) should calmly deliberate and make sure that the majority of the community can live up to it. Atno time isa decree to be imposed upon the public which the majority cannot endure(Hilkhot Mamzrim, 2.5).