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Joshua Ben-Shimon's avatar

Interested approach. I always felt that the midrash of Moshe Rabbeinu sitting in Rabbi Akiva’s classroom and not understanding what he was saying was indicative of this idea that Chazal stretched out Torah law far beyond what Moshe himself had received and given over to am yisrael. It would also make the disagreements between the Pharisees and Sadducees make more sense.

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Mark's avatar

"He even goes so far as to entertain the possibility that originally the phrase "an eye for an eye" could have been understood literally, and only later did the Sages insist on interpreting the Torah's words as referring to monetary compensation."

Note that this is not exactly "going far", it's rather obvious pshat due to the existence of "kofer" (blood-money) as an alternative to corporal punishment, both in comparable ancient societies, and as attested to in the Torah (which forbids taking kofer in a case of murder - implying that it is permitted to take kofer in cases of non-murder). Apparently at some point our leaders decreed that plaintiffs could *only* take kofer, and could no longer insist on corporal punishment. This is comparable to our practice of doing halitzah rather than yibum - it's not that we have changed the existing law, but rather added on a new law prohibiting one of the two options which the old law permitted.

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