Khullin 6 The extent of the power of the rabbis' decrees

For the last couple days the Gemara has been discussing the status of a Samaritan (כּוּתִי). The rabbis consider them converts. Some thought that they were righteous converts. While others believed that their motivation to convert was out of fear; consequently, they did not keep all the commandments found in the Torah. The sages admit that the commandments the Samaritans accepted, they observed more strictly than the average Jew. When I have time I’ll share with you a more historical understanding of who the Samaritans are. 

In today’s daf TB Khullin 6 the Gemara continues to discuss whether their shechita was acceptable to eat and their wine kosher to drink. “”Rabbi Ḥanan says that Rabbi Ya’akov bar Idi says that Rabbi Yehoshua ben Levi says in the name of bar Kappara: The opinions of Rabban Gamliel (according to Rashi, he was the son of Rabbi Yehuda HaNasi i.e. one of the rabbis who were the bridge between the tannaim and amoraim-gg) and his court were counted with regard to the status of the slaughter of a Samaritan, and they prohibited it.” (TB Khullin 5b, Sefaria.org translation)

Concerning wine: “The Gemara asks: And what is the reason that the Sages, Rabban Gamliel and his court, issued a decree rendering it prohibited to eat from the slaughter of Samaritans? The Gemara answers: It is like that case involving Rabbi Shimon ben Elazar, in which Rabbi Meir dispatched him to bring wine from the area of the Samaritans. A certain elder found him and said to him: “And put a knife to your throat, if you are a man given to appetite” (Proverbs 23:2),as a warning to distance himself from them and not to drink their wine, because they were not reliable. Rabbi Shimon ben Elazar went and related those matters before Rabbi Meir, and Rabbi Meir issued a decree against them.

“What is the reason that the Samaritans are deemed unreliable? Rav Naḥman bar Yitzḥak said: At the peak of Mount Gerizim they found the image of a dove, which the Samaritan residents of Mount Gerizim would worship; and Rabbi Meir issued the decree according to his line of reasoning that he takes the minority into consideration, and therefore, despite the fact that the majority of Samaritans did not live on Mount Gerizim, he issued a decree rendering meat slaughtered by the majority forbidden due to the minority that worshipped that idol. And Rabban Gamliel and his court also hold in accordance with the opinion of Rabbi Meir.” (Sefaria.com translation)

You would think the issue is now closed. Decrees were issued and that was that. But that was not the case. “Rabbi Abbahu dispatched Rabbi Yitzḥak ben Yosef to bring wine from the area of the Samaritans. (If Rabban Gamliel and Rabbi Meir decreed against the consumption of Samaritan meat and wine, why was Rabbi Yitzḥak ben Yosef sent to bring wine from the Samaritans?-gg) A certain elder found him and said to him: The people here are not keepers of the Torah. Rabbi Yitzḥak went and related the matters before Rabbi Abbahu, and Rabbi Abbahu went and related the matters before Rabbi Ami and Rabbi Asi, and they did not move from there until they rendered the Samaritans full-fledged gentiles.

“The Gemara asks: For what matters did those Sages render them full-fledged gentiles? If it was to prohibit eating from their slaughter and to render their wine as wine used for a libation in idol worship, these prohibitions were issued previously. From there, from the generations of Rabbi Meir and Rabban Gamliel, the Sages issued a decree prohibiting them. The Gemara answers: They issued a decree, and the people did not accept it from them. Rabbi Ami and Rabbi Asi came and issued a decree, and the people accepted it from them.” Sefaria.com translation)   

Rambam explains the considerations a court must deliberate before enacting a decree, the power, and extent of it.

“When a court sees it necessary to issue a decree, institute an edict, or establish a custom, they must first contemplate the matter and see whether or not the majority of the community can uphold the practice. We never issue a decree on the community unless the majority of the community can uphold the practice.

“If a court issued a decree, thinking that the majority of the community could uphold it and after the decree was issued, the majority of the community raised contentions and the practice did not spread throughout the majority of the community, the decree is nullified. The court cannot compel the people to accept it. (Test period to see if it takes)

“Sages issued a decree and thought that it spread among the entire Jewish people and the situation remained unchanged for many years. After a long duration of time, another court arose and checked throughout the Jewish community and saw that the observance of this decree had not spread throughout the Jewish community, it has the authority to negate the decree even if it is of lesser stature than the original court in wisdom and in number of adherents.” (Mishneh Torah Rebels 2:5-7, Sefaria.org translation)

Apparently the decrees by Rabban Gamliel’s court and Rabbi Meir were not something that the community was willing to abide by until the time of Rabbi Ami and Rabbi Asi.