Thursday 4 September 2014

The Torah tells us NOT to follow the majority.



One of the first things that is used as a basis for rabbinical authority is that we should always follow the majority. However, the Torah tells us the opposite!

Exodus Chapter 23

2 Thou shalt not follow a multitude to do evil; neither shalt thou bear witness in a cause to turn aside after a multitude to pervert justice;

(This has two separate statements:

  1. do not follow a majority to do evil
  2. do not tend / sway after the majority in a dispute , to steer /incline (opinions).

The rabbinic derivation of b) is “always sway after the majority”!

In the famous Talmudic story of the Oven of Akhnai, (TB Baba Metzia 59a-b) , the Rabbis pervert the meaning of this verse and say “After the majority must one incline” – precisely the opposite of what the Torah says (do not tend after the majority in a dispute to incline)!!

From here the Rabbis twisted the verse, removed the negative command, and made it a positive command to follow the majority. Well, if every “Do not” turned into a “Do” in the Torah, you have an orgy of violence and idolatry.

The Torah has a very logical basis in its Law – whereas the rabbinic interpretation is fallacious – ie the logical fallacy of following the majority.


Indeed, Rashi, the most revered of Rabbinic commentators reads this verse according to its plain and simple meaning – ie that one should stand by the truth of a matter and not be swayed by the majority! He inadvertently contradicts the dictum of the sages!

The Ohr HaChaim commentary by Rabbi Chaim Ben Attar – himself an Orthodox Kabbalist rabbi – understands the verse in its most literal sense, ie that one should never give in to numbers, even a Judge should not sway his opinion or be pressured by a majority of other judges!




Not so in the thought of the Talmudic rabbis. In the same story of Akhnai, another misappropriation of a Biblical verse is made by rabbi Joshua, in this Talmudic fable.

Whereas the Torah in Deut 30 says the following:

10 if thou shalt hearken to the voice of the LORD thy God, to keep His commandments and His statutes which are written in this book of the law; if thou turn unto the LORD thy God with all thy heart, and with all thy soul
11 For this commandment which I command thee this day, it is not too hard for thee, neither is it far off.
12 It is not in heaven, that thou shouldest say: 'Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?'
13 Neither is it beyond the sea, that thou shouldest say: 'Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?'
14 But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it.

The rabbis claim simply “it is not in heaven”, ie decision making is on earth and not in heaven. The context of the verses in Deuteronomy 30 are regarding the relative ease of keeping the commandments (which are written in this book of the law;)
Whilst there is some sophistication (or sophistry) to the rabbinic re-reading of the verse, it is not in keeping with the meaning of the verse. Furthermore, the only requirement in the Torah is to keep the written laws, since there is in fact no Oral Law.

The rabbinic claim for “Not in Heaven” is that after the giving of the Torah, there are no further appeals to God , but that judgments are made by a voting system of earthly rabbis.
This is problematic for a number of reasons.

Ex: 28

29 And Aaron shall bear the names of the children of Israel in the breastplate of judgment upon his heart, when he goeth in unto the holy place, for a memorial before the LORD continually.
30 And thou shalt put in the breastplate of judgment the Urim and the Thummim; and they shall be upon Aaron's heart, when he goeth in before the LORD; and Aaron shall bear the judgment of the children of Israel upon his heart before the LORD continually.


This is a prescriptive law for resolving issues of judgment for all of Israel, for all time – it is quite a “heavenly” affair, and not one based on any Greek style democratic votes.

2 Chronicles Chapter 19

1 And Jehoshaphat the king of Judah returned to his house in peace to Jerusalem. {S} 2 And Jehu the son of Hanani the seer went out to meet him, and said to king Jehoshaphat: 'Shouldest thou help the wicked, and love them that hate the LORD? for this thing wrath is upon thee from before the LORD. 3 Nevertheless there are good things found in thee, in that thou hast put away the Asheroth out of the land, and hast set thy heart to seek God.' 4 And Jehoshaphat dwelt at Jerusalem; and he went out again among the people from Beer-sheba to the hill-country of Ephraim, and brought them back unto the LORD, the God of their fathers. 5 And he set judges in the land throughout all the fortified cities of Judah, city by city, 6 and said to the judges: 'Consider what ye do; for ye judge not for man, but for the LORD; and [He is] with you in giving judgment. 7 Now therefore let the fear of the LORD be upon you; take heed and do it; for there is no iniquity with the LORD our God, nor respect of persons, nor taking of bribes.' 8 Moreover in Jerusalem did Jehoshaphat set of the Levites and the priests, and of the heads of the fathers' houses of Israel, for the judgment of the LORD, and for controversies. And they returned to Jerusalem. 9 And he charged them, saying: 'Thus shall ye do in the fear of the LORD, faithfully, and with a whole heart. 10 And whensoever any controversy shall come to you from your brethren that dwell in their cities, between blood and blood, between law and commandment, statutes and ordinances, ye shall warn them, that they be not guilty towards the LORD, and so wrath come upon you and upon your brethren; thus shall ye do, and ye shall not be guilty. 11 And, behold, Amariah the chief priest is over you in all matters of the LORD; and Zebadiah the son of Ishmael, the ruler of the house of Judah, in all the king's matters; also the officers of the Levites before you. Deal courageously, and the LORD be with the good.

V.11 shows how the Priest, just like Aaron, would inquire of God for divine (religious/spiritual) matters, and Zebadiah would judge for crown or national/legal matters.

This destroys the rabbinic myths of “majority”; of voting system and Sanhedrin; of “not in heaven”.

The use of Inquiring or seeking of God is used throughout the Torah and Scriptures.

The most vulgar claim in the story of Akhnai is the false prophetic claim "my children have bested Me". The storywriter is alleging that God admits defeat to the wisdom of the majority of the sages. Something unheard of in the Torah. Some prophets would ask mercy of God to annul a harsh decree, but none would arrogate to themselves the power to “out vote” God!

Why then, did Moses get punished when he tapped the rock twice, if he was allowed to upstage God?

And why was Israel not forced to follow the 10 spies who gave a bad report on Israel? Do they not have the power to change Heavenly law?

A rabbinic analysis bringing all the arguments in concise article:


Claims for a Sanhedrin

Maimonides teaches in his Mishneh Torah – a summary of the Talmudic Law, that the Sanhedrin was the foundation of the Oral Law.

Delegation to lower judges – Ex 18:

21 Moreover thou shalt provide out of all the people able men, such as fear God, men of truth, hating unjust gain; and place such over them, to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens.

22 And let them judge the people at all seasons; and it shall be, that every great matter they shall bring unto thee, but every small matter they shall judge themselves; so shall they make it easier for thee and bear the burden with thee.



These were not , and could not have been courts comprising of 3 or more judges, but were individual judges.

Numbers 11:

16 And the LORD said unto Moses: 'Gather unto Me seventy men of the elders of Israel, whom thou knowest to be the elders of the people, and officers over them; and bring them unto the tent of meeting, that they may stand there with thee.

17 And I will come down and speak with thee there; and I will take of the spirit which is upon thee, and will put it upon them; and they shall bear the burden of the people with thee, that thou bear it not thyself alone.


If these 70 were to act as a single court or “Sanhedrin”, this would only halve the workload of Moses by. If they act as individual Judges, akin to Moses, then the workload of Moses will be reduced by 70 fold - or that there are now 71 Judges that individually judge cases. Logically, there is little benefit to having a court of 70 elders who judge cases as one court.

This is proven in Exodus 18 , v.22 and 26

26 And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.


If this was a 70 person Sanhedrin, why would they not deal with the hard cases? After all, this is precisely what the “Sanhedrin “ of the Talmud and mIshna was supposed to do! A Sanhedrin that is unable to deal with hard cases is no Sanhedrin at all!




Judges 2:

18 And when the LORD raised them up judges, then the LORD was with the judge, and saved them out of the hand of their enemies all the days of the judge; for it repented the LORD because of their groaning by reason of them that oppressed them and crushed them.

19 But it came to pass, when the judge was dead, that they turned back, and dealt more corruptly than their fathers, in following other gods to serve them, and to worship them; they left nothing undone of their practices, nor of their stubborn way.


These were individual judges, otherwise the death of a single judge in a “Sanhedrin” of 70 would not alter people’s behaviour, as there would still be a majority of them left.

Judges 3:
9 And when the children of Israel cried unto the LORD, the LORD raised up a saviour to the children of Israel, who saved them, even Othniel the son of Kenaz, Caleb's younger brother.
10 And the spirit of the LORD came upon him, and he judged Israel; and he went out to war, and the LORD delivered Cushan-rishathaim king of Aram into his hand; and his hand prevailed against Cushan-rishathaim.

Othniel was a single judge, he was not voting in a democratic institution to follow a majority!

Judges 4:

4 Now Deborah, a prophetess, the wife of Lappidoth, she judged Israel at that time.
5 And she sat under the palm-tree of Deborah between Ramah and Beth-el in the hill-country of Ephraim; and the children of Israel came up to her for judgment


Again, Deborah was a single Judge, not a Sanhedrin. People came to her for judgement. (Mishpat = Judgement is derived from Shophet = Judge).


Now, if the Torah does nor prescribe a Sanhedrin, whence the establishment in late Second Temple period by the same name?

The earliest record of a Sanhedrin is by Josephus who wrote of a political Sanhedrin convened by the Romans in 57 B.C.E. Hellenistic sources generally depict the Sanhedrin as a political and judicial council headed by the country’s ruler.”

As the name suggests, the institution was of Greco-Roman origin, hence Greek: συνέδριον, (synedrion).

At some stage during the conflict between the Pharisees and the Sadducees, it became politically expedient to “create” a religious institution with which to outvote the opposition. If something as important as a Sanhedrin was really mandated in the Torah, why is there no reference to it (the references cited actually disprove the claims for a Sanhedrin) and why is there not a Hebrew name for it?

There are similar claims for the Knesset Hagedolah, or the Men of the Great Assembly, which allegedly had 120 members. This figure is derived from a list of names given in Nehemiah ch.10, which names some 85 signatories of leaders of Israel, to adhere to the Torah law. In addition, it mentions other signatories:
29 And the rest of the people, the priests, the Levites, the porters, the singers, the Nethinim, and all they that had separated themselves from the peoples of the lands unto the law of God, their wives, their sons, and their daughters, every one that had knowledge and understanding;

These additional people would number in the thousands. Many of them had intermarried and had just recently returned to the fold. So was the Great Assembly made up of thousands of people, including the Nethinim.

Interestingly, Neh. 7 states:

60 All the Nethinim, and the children of Solomon's servants, were three hundred ninety and two. 61 And these were they that went up from Tel-melah, Tel-harsha, Cherub, Addon, and Immer; but they could not tell their fathers' houses, nor their seed, whether they were of Israel:

Nehemiah is saying clearly that Patrilineal descent determines someone’s Jewishness, in contradistinction to the matrilineal claim of the rabbis! Was this also a teaching of the Knesset HaGedolah?

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