The Development and Diffusion of Unanimous Agreement in Medieval Ashkenaz

Abstract

Any discussion of communal government in medieval Ashkenaz must take into account both the theoretical positions offered by rabbinic authorities and the actual practices of the communities. As is well-known, R. Jacob b. Meir Tam (1100-1171) favored unanimous agreement as the necessary means for enacting communal ordinances and policies, and it is in this vein that he understood the crucial talmudic passage in Bava Batra Sb:¶ The townspeople are at liberty, when they have fixed weights and measures; prices and wages, to inflict penalties for the infringement of their rules. According to Rabbenu Tam, the townspeople are unable to fix weights and · prices and the like by an agreement of the majority over minority (ושאין בני העיר להחנות על המידות ועל השעורים ועל שכר הפועךים ולהסיע של ק'צתן ), as other medieval halakhists read this passage. Rather, this passage establishes the right of the community to enforce its rules and standards, once they have been set. In Rabbenu Tam's view, however, the rules could be set only through unanimous consent. (from Introduction).