json/Responsa/Rishonim/Rashba/Teshuvot haRashba part VII/English/Sefaria Community Translation.json

{
    "language": "en",
    "title": "Teshuvot haRashba part VII",
    "versionSource": "https://www.sefaria.org",
    "versionTitle": "Sefaria Community Translation",
    "versionTitleInHebrew": "תרגום קהילת ספריא",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "שו\"ת הרשב\"א חלק ז",
    "categories": [
        "Responsa",
        "Rishonim",
        "Rashba"
    ],
    "text": [
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        [
            "And more he answered regarding the people that made a cherem (a prohibition) and that most of the community did not agree with it. If they were memunim (people in charge), heads of the people, who could fix the [issue] they wanted according to the need of the hour; but if they were not people-in-charge, not heads of people they had no effective power to make a prohibition, and that applies only if most of the community and the disciples of the sages in that town agreed, and if the prohibition was to reinforce boundaries and fixing in a way that the majority is not enslaved by the minority [then it's permitted] - but all the more [it is forbidden] if it is not done as the law [demands], and there is no fixing in doing this, in a case that there is no need for boundary or fixing... in this case even if the head of the people and its great ones [leaders] did it, the majority of the community is not obligated to follow their will, particularly if it is a decree to which most of the community cannot abide by. In this case, even if they did it to make a boundary and a fence - and is there anyone greater than Daniel, who made a decree over the oil and Rabbi Yehuda HaNasi cancelled the thing because the prohibition did not spread to most of Israel (Yerushalmi Avodah Zarah 16a)  (Yerushalmi Shabbat 10b)? And this is the law regarding the excommunication that they did, that if most of the community did not accept itthey are not obligated to follow it, just as Rav Ada bar Ahavah that said \"“You are cursed with the curse, yet you rob Me, even this whole nation” (Malachi 3:9)\" (Avodah Zarah 36b) [also (Baba Batra 60b) and (Horayot 3b)] - if the the nation is [in agreeement] then yes, if not, no."
        ]
    ],
    "sectionNames": [
        "Teshuva",
        "Section"
    ]
}