If you really think about it, the Mishnah is a strange codebook of
laws. You would think that a codebook would delineate what is absolutely permitted
and what is absolutely forbidden clearly so that there will be no
misunderstanding what a person is allowed or forbidden to do. But the Mishnah
includes real differences of opinion. For example, yesterday we learned that
Rabbi Yehuda has a very broad understanding of what is muktseh (מוקצה) while Rabbi Shimon’s concept of muktseh is very limited in
scope. Rabbi Shimon holds that something is only muktseh while it is set aside
for the purpose of the mitzvah. Once it no longer serves that purpose, one may
make move it. Both Rabbi Yehuda and Rabbi Shimon agree one must not move a lit
oil lamp on Shabbat. Only Rabbi Shimon allows the oil lamp to be moved when the
light is extinguished by itself.
My teacher Dr. Shaye D. Cohen explained the reason why. When the Second
Temple stood in Jerusalem, there were many different Jewish sects. The most
famous of these were the Pharisees, Sadducees, Essenes, and the Zealots. There was
no compromise. Each group said that you follow my way or hit the highway. After
the second Temple was destroyed, the rabbis of the Mishnah realized that such
deep divisions amongst the Jewish people would destroy the possibility of
renewing Jewish life and saving the concept of the Jewish peoplehood.
Consequently to be as inclusive as possible, they admitted to their corpus of
laws different opinions.
Sometimes a different opinion can be relied upon as proved in today’s
daf TB Shabbat 45. The Gemara tries to ascertain whether Rav, the Babylonian
amora, subscribes to Rabbi Yehuda’s or Rabbi Shimon’s position.
“And does Rav really hold in accordance with the opinion of Rabbi
Yehuda that it is prohibited to move an object that is set-aside? Didn’t
they raise a dilemma before Rav: What is the ruling with regard to moving
a Hanukkah candle from before the ḥabarei, Persian Zoroastrian fire
priests, on Shabbat? Those priests prohibited lighting fires on certain
days. In order to prevent them from discovering that he lit Hanukkah candles it
was necessary to quickly move them. And he said to them: One may well
do so. Apparently, Rav does not hold that there is a prohibition of set-aside.
The Gemara answers: This is not a proof, as exigent circumstances are
different and Rav permitted this due to the danger involved. As Rav
Kahana and Rav Ashi said to Rav on this matter: Is that the halakha?
He said to them: Rabbi Shimon is
worthy to rely upon in exigent circumstances like this one.” (Sefaria.org translation)
Even if Rav holds Rabbi Yehuda’s position, he agrees one may rely on
Rabbi Shimon’s position in exigent circumstances.
This concept of different authentic opinions animates the Conservative
movement. A Conservative Rabbi will submit a question of Jewish law to the
Rabbinical Assembly’s The Committee on Jewish Law and Standards (CJLS). “According
to the rules of the law committee set by the Rabbinical Assembly’s and, which a
תשובה (responsa) receives at least six votes it is considered an official
opinion of the CJLS. Six votes represents 25% of the committee, and as such
represents a valid position within the Conservative rabbinate. There are times,
than, when papers are approved with significant opposition and at times even
with contrary positions that are also approved by at least six votes, making
them also official opinions.” (Responsa 1991-2000, Committee on Jewish Law and
Standards of the Conservative Movement, page x)
That is why there is a wide differences of observance between
Conservative synagogues. There just following different official opinions of
the Conservative movement.
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