Oral Torah
In the SD
To Rabbi Shalom,
I would love to hear your thoughts on what I wrote previously:
We encounter oral law even before written law. The Torah was given orally, and wherever we encounter the observance of the Torah, decisions are made according to oral law. Starting in the years of the wilderness, when doubt arose about the laws that Israel had, the judges did not derive a law from the existing law, but were forced to come up with a new law orally. This is of course the case in question when the Israelites found a man chopping wood on the Sabbath, and they put him in custody “because it was not clear what should be done to him” (Numbers 15), even though the death penalty for violating the Sabbath had already been stated at Sinai, “He who violates it shall surely be put to death.” The Israelites did not know by what death he should be put to death, until it was explained to them, “The man shall surely be put to death; he shall be stoned to death,” where “stoning him” is an interpretation of “he shall surely be put to death,” which had already been stated. Here is an example of doubt in law, a case that the judges of Israel did not know how to judge, and they offered him before Moses and Aaron. Moses did not try to derive the law from the existing law that was known to him, but was forced to adopt a new law that was then oral, as was the case with the daughters of Zelophehad. If we advance to the days of Judges, we find in the Book of the Prophets several acts that are based on the law of the Torah, but they also include additional laws that were part of the way in which the law of the Torah was carried out, for example: the redemption of the field in Leviticus 25 is according to the law of the Torah, but various details that are not in the Torah were added to the book, such as taking ten men from the elders of the city to carry out the action. And also the way of the purchase “And this was before Israel concerning the redemption and the exchange, to carry out all things, a man took off his shoe and gave it to his neighbor; And this is the testimony, in Israel.” In the days of the First Temple, Rosh Chodesh was celebrated as one of the holidays and with the cancellation of work, as the Scriptures testify, “A new moon and a sabbath are called a new moon” (Isaiah 1:13). Amos rebukes those who say, “When will the new moon be over, and the shekel be broken, and the sabbath, and the bar be opened, to make the ephah small, and to make the shekel great, and to make the scales of deceitful weight” (chapter 8:5) and Hosea says, “And my sabbath, every one of its feasts, its feast, its new moon “And the Sabbath, and all, its appointed time.” (Chapter 2, verse 13) All of this has no source in the written Torah. Rosh Chodesh does not appear at all in the parsha “These are the appointed times of the Lord, which you shall proclaim holy, in their appointed times.” It is mentioned only in the Book of Numbers in the list of additional sacrifices, and even there all the holidays listed are emphasized as holy, except Rosh Chodesh. Jeremiah in Chapter 17 rebukes the people for carrying burdens from their homes in Jerusalem, but the prohibition of taking them out in public is not mentioned at all in the Torah, and according to the accepted halakha, there is no prohibition from the Torah within a walled city (and Jeremiah also explicitly distinguishes between taking them out for work). Chazal also attributed the regulation prohibiting shaking in a walled place to the beginning of Sundays. Thus, from the Nehemiah Charter it appears that trade in Jerusalem was completely suspended on the Sabbath, and there was no need to strengthen the prohibition on bringing in products from abroad. Amos (as quoted above) also teaches that in the Kingdom of Israel there was no buying or selling at all on the Sabbath. When Ezekiel lists those who are disqualified from service in the Temple, he adds to them the uncircumcised and the shaved head (chapter 40), as a rebuke of the law of the one who violates it, and not as a rule. This is the case in many places in the Prophets. All these things are not explicitly stated in the Torah and were practiced by virtue of oral law.
In addition, there are several external sources for the Oral Torah. We will present a few examples:
– In the book of Tobias (1:7), the halakhic concept of “twelfth tithe” is mentioned, and later (chapter 7, verses 13:14) marriage is mentioned “according to the Law of Moses” by writing a book and signing it, which is probably the ketubah, or a kiddushin deed, both of which were interpreted only in the words of the Sages.
– In the Epistle of Aristeas (Kemo) it is mentioned that the unclean birds are birds of prey (a sign of purity that is only mentioned in Chazal). And regarding the commandment of tefillin, he says: “And so the legislator commanded in clear words to tie the sign around the hand.”
– In the book of Yehudit and Ben Sira, seven days of mourning are mentioned. In Yehudit (8:5) the prohibition of fasting on Shabbat, Yom Kippur and Rah according to the Halacha (Rah 5:19) is mentioned.
– Ben Sira (23:9) “In the remembrance of the Holy Name, one does not engage in any activity,” according to Halacha.
– In the Book of Maccabees (2 Maccabees 12:33) the Jewish custom of purifying oneself before the Sabbath begins is mentioned, in accordance with the law. In Maccabees (2 Maccabees 4:4) the forced circumcision of uncircumcised boys is mentioned, in accordance with the law (Kiddushin, 29). The order of fasting described in Maccabees (1 Maccabees 3) corresponds to the words of the Mishnah in Tractate Taanit.
– The blessing of the rainbow is mentioned in Ben Sira (Mg 3:11) See Keshet and the blessing of its makers. Ben Sira (Mg 4:4) mentions the removal of dust from the scales in accordance with the law.
– In the visions of the Sibyls (Sad, 24), a blessing is mentioned before eating.
– In the 12th writings, the halakha of a divorce decree for a slave girl is mentioned (Lyonstam, Anzem, 12th century).
The claim “that the Oral Torah is the invention of the Pharisees” only makes me laugh, all that is needed is to check and investigate.
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Also, moving a table and chairs to the balcony on Shabbat, especially since the house is large, is hard work, but there is no prohibition against it and it is not mentioned in the Bible as something that God would be angry with if we did.
In my opinion, and as you mentioned, Moses received certain things at Mount Sinai, but not everything.
Therefore, the Torah comes to imply in the case at hand, that as long as the people of Israel are in the desert, if there is an unresolved problem, they ask the Creator of the world. Hence, there is evidence for the Oral Torah, since Moses knew that he was sentenced to death, since it was already said at Mount Sinai that the Sabbath must be observed, but what death exactly, he did not know.
The Torah in this case comes to show us that not everything is written, hence also evidence that the Torah was not written in its entirety, but only Moses wrote it before entering the land.
People think that every time Moses received an instruction from God, He told him, "If possible, then please take it slow so I can write."
Suppose someone was chopping wood again, there was no need to ask the Creator what exactly should be done to him, but what Moses received verbally in the case of the chopping wood, should be done to the chopping wood 2.
It's not that Moses walked around with a blank parchment scroll and constantly wrote down what God told him.
In other words, the chopping wood 2 would be executed by stoning, based on what Moses was told orally!
By the way, why did the people of Israel have a problem with the woodcutter? That is, it was clear to them that he had sinned, but they did not know what punishment they would receive. Do you think it is so clear according to the Torah that it is forbidden to chop wood on Shabbat?
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