Q&A: The Commandment “Do Not Steal” and the Prohibition of Causing Damage as an Example
The Commandment “Do Not Steal” and the Prohibition of Causing Damage as an Example
Question
In honor of Rabbi Michael, hello,
I’m not well-versed in the Talmud and the Mishnah on matters between one person and another (or בכלל). But from what I know and have looked into a bit, it does not seem to me that the Mishnah, and perhaps also the Talmud, explicitly states things that are plain from the simple meaning of the Torah, such as that it is forbidden to steal or to injure someone, but only the punishment and what one is liable for in religious court.
A. Does this mean that one should rule from the simple meaning of the Torah in a case where there is no explanation and halakhic ruling in the literature of the Sages (because the plain meaning itself is binding)? For example, does it follow from here that “You shall not murder” also applies to a non-Jew, and not as they say in Torat HaMelekh, that it applies only to a Jew?
B. Does this teach something about the proper order of study, like “at five years old, for Scripture,” etc.? And if one wants to understand the Torah’s command in a fundamental way according to practical Jewish law, should one begin with the Five Books of the Torah? And afterward specifically with the Prophets? Or should one continue instead to the Mekhilta and Sifrei?
Thank you very much, and best regards, and have a good week!!
Answer
Hello A.,
I didn’t understand your question. What exactly do you think is not written in the Talmud? That it is forbidden to steal or murder? Of course it is written.
A. Independently of that, the plain meaning of the Torah is binding so long as it is not contradicted by the words of the Talmud.
The fact that the prohibition of “You shall not murder” does not apply to the murder of a non-Jew is not an invention of the authors of Torat HaMelekh. It is written in the Talmud and in all the halakhic decisors. But there is still a Torah prohibition against murdering him, learned from “Whoever sheds the blood of man.” The mistake of the authors of Torat HaMelekh is in the interpretation and application to our times, not in the law itself.
B. I don’t think any of this has implications for the order of study. In my opinion, study of the plain meaning usually does not add much to understanding Jewish law and the Talmud.