Ask The Rabbi: Paskening from a Dream

Is there such a thing that some Rishonim rendered psak halacha (halachic ruling) that came to them via a dream?

Psak halacha is the rendering of Jewish law based upon the using of the standard processes of Torah deduction. This systematic methodology, is from our Sages, and together with mesorah "tradition," that we have as part of Torah She'bal Peh (the Oral Torah).

The Talmud[1] records that during the days of mourning of the passing of Moshe Rabeinu, three thousand halachos were forgotten. The Jewish people said to Yehoshua: "Ask," Yehoshua said to them: “It is not in heaven” (Devarim 30:12).

Rebeinu Gershom there explains that the Jews asked Yehoshua to request "with Ruach Hakodesh" (divine spirit) for the forgotten halachos.

Thus, we see that once the Torah was given at Mount Sinai, the Sages of each generation must determine the halacha. No new halachos may be added or subtracted or reintroduced by heavenly instruction or through prophecy.

The Talmud[2] writes that "Torah is not in the Heavens."

However, still we find some Rishonim[3] who paskened from what was revealed to them via a dream. The most famous perhaps is Shailos V'Tshuvos Min Hashamayim assumably attributed to a 12th century Rabbi Yaakov Marves of France who was one of the Balei Tosfos.

The question is asked if one can rely on halchic rulings from Shaylos V’Tshuvos Min Hashamayim and other Rishonim that had rulings revealed via a dream? This seemingly contradicts the rule “The Torah is not in the Heavens”? And ultimately, on what basis can there be any validity to such a psak?[4]

Approach of the Shem Hegedolim

The Shem Hagedolim (Ma'areches "Rebeinu Yakov Hachasid) explains that the prohibition of following a psak from a dream is only if there was an established halacha, and one were to rule otherwise based upon a dream, however when the matter is debated by the poskim without a clear hachrah (final ruling), one is allowed to ask from Shamayim (Heavens) to receive an answer in a dream.

A proof to this explanation is found in the Talmud[5] which says Beis Hillel and Beis Shammai argued for three years until a bas kol called out and said "these and these are the words of Divrei Elokim Chayim (the Living G-d) and the halacha follows like Beis Hillel". The Talmud then offers to explain that the halacha follows Beis Hillel because they were humbler and more modest and would present the opinion of Beis Shammai before their own. We also find that the Ra'avad many times argued on the Rambam and used the wording " Divine spirit appeared in our Beis Midrash"

We thus see that some Rishonim relied upon a bas kol or dream when there was no established halacha amongst the Rabbis on a certain issue despite all attempts of doing so. With that, the ruling that came to the Posek in the dream is bound to follow Torah logic and proof. Even then, if other Poskim were to still argue and prove otherwise, they have the right to do so, since the "Torah is not in the Heavens" and we are not bound by dreams.

Ohr Zeruah on the spelling of the name Akiva

One of the Rishonim R’ Yitzchak ben Moshe of Vienna of the 13^th century who authored the work Ohr Zeruah writes in an introduction to his sefer that he was revealed via a dream how to correctly spell the name Akiva for purpose of spelling it in a get. The question is should the name be spelled with the letter hei at the end or an alef? The Ohr Zeruah writes that the spelling was alluded to him in a dream from the pasuk (Tehillim 97:11): "Ohr Zaruah Letzadik Vilishrei Lev Simcha" – that the last letter of each word spells the acronym of R' Akiva - with a Hei at the end.[6] This is recorded in the Taz on Sheimos Anashim in the Shulchan Aruch Even Haezer 129 on the name Akiva.

See Igros Kodesh (vol. 14 pg. 104) where the Rebbe responded on the spelling of the name Akiva, should it end with the letter Alef or hei. Regarding the dream revelation to the Ohr Zeruah, the Rebbe responded " the Torah is not in the Heavens" and we do not pay heed to a bas kol? There has already been many that have delved into this topic in many places. The point in this is, the rule "that the Torah is not in Heaven" is regarding making a psak halacha – not so when it is to verify the true fact. And in this case – to know how R' Akiva (the Tanna) spelled his name and those who followed after him with the name Akiva in the following generations…"

[1] Temura 16a.

[2] Bava Metziah 59b. There it brings a story of a debate between R' Eliezer and the Chachamim regarding the status of purity of an oven, R' Eliezer ruled it pure and the Chachamim argued and ruled it impure. "R' Eliezer then said to them: If the halacha is in accordance with me, Heaven will prove it. A Bas Kol (voice from Heaven) emerged and said: Why are you differing with R' Eliezer, as the halacha is in accordance with his opinion in every place? R' Yehoshua stood on his feet and said: “It is not in heaven”. (The Gemara asks:) What is the relevance of the verse “It is not in heaven”? R' Yirmeya says: the Torah was already given at Mount Sinai, we do not regard a Bas Kol, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Shemos 23:2).

[3] Rishonim (first ones) refers to our Sages that lived approximately between the 11^th and 15^th centuries up until Rabbi Yosef Karo who compiled the Shulchan Aruch. 

[4] Further, the Talmud states, "matters of dreams do not help or hurt" (Sanhedrin 30a). Moreover, the Rambam in Hilchos Yesodei HaTorah 9:4 rules, " …if [a "prophet"] nullifies a concept which was transmitted by the oral tradition, or states with regard to one of the Torah's laws that Hashem commanded him to render such and such a judgment, or that such and such is the law regarding a particular instance and the decision follows a certain opinion, he is a false prophet and should be [executed by] strangulation. [This applies] even if he performs a wonder, for he is coming to deny the Torah, which states: "It is not in the heavens."

The Kesef Mishneh explains that even if the decision was halakhically correct, nonetheless since that he claims that he arrived at this decision different from the method of the standard processes of deducing halacha, but through prophetic means this would be a sign of a false prophet.

[5] Eruvin 13b.

[6] This is also why the name of his sefer was called Ohr Zeruah.