LEAD TIDBIT:
The Great Sanhedrin

The Sanhedrin of 71 that sat in Lishkat HaGazit, part of the Beit HaMikdash complex on Har HaBayit, is given its authority by the Torah in Parshat Sho-f’tim. Although it functioned as a judicial body in certain “high-profile” cases - e.g. False prophet, “Rebellious Elder”, idolatrous city - its main function was legislative.

When a ruling in halacha was needed, it was ultimately the Sanhedrin that rendered the decision. Smaller Sanhedrins, Batei Dinim, and individual halachic authorities could also issue a P’SAK HALACHA, but the Sanhedrin in Jerusalem was the final word. This is part of the meaning of the (partial) pasuk: “...for out of Zion shall go Torah and the Word of G-d from Jerusalem” (Yeshayahu 2:3 and Micha 4:2). Clarification of halacha and legislation of Rabbinic law were the main function of Sanhedrin. And in this regard, a vital elucidation must be made.

May one water his lawn on Shabbat? No, it is forbidden. Watering that which grows in the ground is a TO-L’DA of the AV MELACHA (on of the 39 categories of prohibited creative activities on Shabbat) ZOREI’A (planting).

May one water his house plants on Shabbat? No it is forbidden. This prohibition is a Rabbinic law, partially because it so resembles watering plants in the ground and partially as a “protective fence” around Shabbat and its prohibited M’lachot. (These two “reasons” are not entirely distinct.)

BOTH prohibitions of the previous two paragraphs are Sanhedrin-style pronouncements. The second one is Rabbinic legislation. The first one is DEFINED as being part of the Torah prohibition of Melacha on Shabbat.

How do we know these prohibitions? The Sanhedrin (and the Chain of Tradition, with differences, but here we will put them in the same context) teaches us both. But they (and we) must be clear to distinguish between the transmission of the Oral Law and the promulgation of Rabbinic decrees. We must heed both pronouncements, but we must also know the difference.