If Torah Says Don't Add to Mitzvot, How Do Rabbinic Laws Exist?

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In this episode of Dear Rabbi, I tackle an excellent paradox: The Torah explicitly states that one is prohibited from adding or subtracting from the mitzvot. So how then do rabbinic mitzvot come to be? Isn't that adding to the Torah? You're correct that the Torah forbids us from adding or detracting from it, and both adding and detracting are equally problematic. Your question is so good that the Rambam (Maimonides) himself asks it: How did the rabbis make fences for the Torah? Isn't that adding to it? I explain the crucial distinction between rabbinic mitzvot and adding to the Torah.

Adding to the Torah would be claiming "this is what the Torah says" when the Torah doesn't actually say it. Rabbinic mitzvot, however, are very different. The rabbis are doing exactly what the Torah commands them to do—putting up protective fences to prevent people from transgressing actual Torah law. The key is that we understand the distinction between rabbinic law and Torah law. As long as we recognize these are safeguards put in place to protect us from violating biblical Torah law, it's not only acceptable but actually required by the Torah itself.

Think of it like guardrails on a highway or a fence on top of a high roof - if we take Torah seriously and want to ensure we don't transgress biblical law, we need those guardrails to keep us in line. History proves the wisdom of rabbinic laws. I personally have looked at some rabbinic laws and thought, "Are you serious? You really think if X happens, then Y will happen?

They seem totally disconnected!" But we have the benefit of history, and we can see that Jewish communities that abandoned rabbinic laws actually began abandoning Torah laws as well. The direct correlation between transgression of rabbinic law and the forgetting of Torah law is remarkable and validates the rabbis' foresight.

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