Can matters of belief be subject to halachic resolution?

As diligent Daf Yomi dedicants drive on through the final chapter of Sanhedrin, they become increasingly exposed to theological and aggadic material which, while often fascinating, appears to have little impact on practical halacha.

It is on one of these discussions that Rambam relates a fundamental principle. In the third Mishnah of Chelek, sages dispute as to whether various sinful generations forfeited their share in the World to Come. While Rambam typically concludes his Mishnah’s commentary with a halachic ruling, here he teaches that, since this dispute has no practical ramification, it is not subject to the regular process of halachic determination.

Judaism Reclaimed shows how similar comments of Rambam can be found elsewhere concerning other disputes as to the methods and processes of the Heavenly Court.

Some writers, such as Marc Shapiro in The Limits of Orthodox Theology, have argued that this principle extends to any discussion over theology and heresy. The implications being that there can be no definitive red lines drawn to determine what is considered a heretical statement or belief. Judaism Reclaimed brings opposing arguments from the writings of Rabbi Gil Student – also endorsed later by Rabbi Joshua Berman in Ani Ma’amin – that determining the parameters of heresy indeed has practical halachic ramifications, albeit indirect. There are a numbers of laws concerning heretics which require and presuppose the existence of such a determination: for example a heretic cannot lead a prayer service and his ritual slaughter – and a Torah scroll he pens – is invalid.

A more careful reading of Rambam’s comments on the subject shows that he only writes this comment concerning disputes that relate exclusively to the operation of the Heavenly Court. The current Daf Yomi pages of study provide a strong support for this assertion.

After all, the opening Mishnah of Chelek details a series of heretical beliefs – some of which are disputed among the sages. Yet the Rambam does not state his principle here. Instead he waits until the third Mishnah of the chapter which contains disputes over worthy and condemned generations in order to tell us that disputes over the functioning of the Heavenly Court are not subject to halachic determination.

The tenth chapter of Talmud Reclaimed goes further to explore the ramifications of such a principle – how laws of heresy might be determined. To what extent these can be disputed and whether such required beliefs can change in the course of different generations.

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