Saturday, 22 November 2014

Out for a Penny, in for a Pound – The Issur of “Lo Tosiphu” (Do Not Add)




One of the central criticisms of Rabbinic Judaism, is their violation of the Torah prohibition against adding.  This is repeated in several forms, especially in Deut 4:
2 Ye shall not add unto the word which I command you, neither shall ye diminish from it, that ye may keep the commandments of the LORD your God which I command you.
And Deut 13:

1 All this word which I command you, that shall ye observe to do; thou shalt not add thereto, nor diminish from it.


The purpose of this post is to look at how the rabbinical commentators on the Torah reacted specifically to the above verses in Deuteronomy.

Most famous of all rabbis is Rashi. He repeats his own claim for both verses, saying that the Torah speaks of adding modules to individual mitzvoth, eg adding a 5th species to the Sukkot species. In doing so, he tries to avoid culpability of the rabbis for violating this Law in all of their Mishnaic and Talmudic prohibitions, fences etc. However, his claim if fallacious, and is not even adhered to by the rabbis he tries to defend (including himself). Thus, for example, adding an extra day to a Festival, such as Sukkot or Yom HaTeruah, is what he himself defines as a violation of the Law. Yet the rabbis do this in their practice, and he did himself. Since he has incriminated himself as a violator of the Torah, we cannot respect him as being an observant Jew.

It is interesting to note that none of the major commentators on the Torah actually agreed with Rashi.  First off, is Ibn Ezra. He comments only on the Deut 4:2 statement.  He explains this as saying “do not think that your own ideas or inventions will be on a par with those of the Torah, which does not command us to add to the Law” [my summary].  This is quite a clear rationale for not adding,  but it is uncomfortable for even the great Abraham Ibn Ezra, after all he was a strictly observant orthodox rabbi, and followed the laws of the Talmud in totality.

Next is Nachmanides, or RambaN. He takes issue with Rashi, and rightly so. His position is so extremely rational, that it would put even many Karaites to shame, let alone rabbis.  He quotes from, of all places, the Talmud, both the Babylonian and Jerusalem versions of the tractate Megillah.  These sources state that many sages (rabbis) and Prophets opposed the institution of the reading of the Megillat Esther, since it would be adding to the Torah.  This logic would also exclude the holiday of Purim, and all later practices, whether rabbinical blessings, especially those on things like lighting of candles, washing of hands etc, where the formula states “and commanded us to ..”. However, regardless of making such a blasphemous blessing, the very acts themselves of all rabbinic laws, as found in the Mishnah, Talmud, Shulchan Aruch etc are in blatant violation of the Torah.

Nachmanides has created a problem for himself, which he apparently is unable to exit from. And the problem exists for all rabbis, even Rashi. And this is the problem of “in for a penny , in for a pound”.  If adding is forbidden in a specific case, then it is also forbidden in other contexts as well.  The Torah does not say “do not add Purim”, it says “do not add.”

The same pattern emerges in the comments of another great and enlightened Rabbi, Obadiah  Sforno.  He writes that in some cases, adding may be “annoying” to God, and cause great anger, as in the cases of the strange fire of the sons of Aharon.  This may be the understatement of the millennium, since it is not only in some cases, but in all! Nevertheless, we must be grateful to Sforno for bringing to the readership an awareness of the danger of adding to the Torah.

Reading these various comments, we see that there is a serious degree of cognitive dissonance amongst the greatest rabbinical minds. On the one had, they are fully aware of the serious prohibition of adding, and subtracting to the Torah. And they even give a lucid explanation for it. On the other hand, they are still caught in the grip of their own rabbinic ideology and indoctrination, and continue to violate the very Law that they have just explained, in precisely the same manner as they have understood the Torah as forbidding.  So, the adage becomes “out for a penny, but in for a pound”.  When it comes to their commentary on the Torah,  the act of adding is strictly forbidden, but when it comes to generalised rabbinic practice, then they are all in for the violation of the Torah, despite their own protestations  to the contrary.

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