Sages and Tosha’a
Hello Rabbi, I analyzed for myself what the definition of Toshab”a is to know whether the words of Chazal are also considered Toshab”. I would be grateful if you could tell me if my analysis is correct, with thanks in advance.
To create an object that resembles another object in reality, the object must contain the same characteristics of the object it wants to resemble.
It follows that in order to create an Oral Torah, we must see what characteristics create an Oral Torah, and if we can create them ourselves, we can also create a new Oral Torah.
The definition of the characteristics of the Oral Torah can be defined by two options, with each option containing two characteristics for the formation of the Oral Torah.
First definition:
1. The Toshab’a is a commentary on the written Torah.
2. The Toshab’a expresses God’s will.
It follows that if a person has a divine part within him, with the help of which he expresses God’s will by interpreting the written Torah, then that person can create a new Oral Torah.
Second definition:
1. The Oral Torah is laws and ordinances
2. The laws and regulations in the Toshab’a are the will of God
It follows that if God wants us to establish laws and regulations (no matter if these are the laws He had in mind in the first place), then the laws we have created are God’s will.
The reason is that if God wants us to make laws, those laws must be of a legally binding nature. If they are not legally binding, then we have not created laws, but rather mere laws. Laws are laws of a binding nature.
It follows that if God wants us to create new laws, He must want the laws we have created to also be fulfilled, and this means that we can create an Oral Torah because what we have created is both a law and the will of God.
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