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Top Document: soc.culture.jewish FAQ: Torah and Halachic Authority (3/12) Previous Document: Question 3.5: What is the Oral Law? Next Document: Question 3.7: What is the Great Assembly (Anshe Knessest HaGedolah)? See reader questions & answers on this topic! - Help others by sharing your knowledge
Answer:
The traditional view is the the Written Law was given to Moses at
Sinai, and has remained unchanged since that time. At the same time,
according to the traditional view, the Oral Law was dictated but not
written down, in order to provide clarifications of Torah. To some
extent, this is necessarily the case; the Written Torah mentions some
core laws (e.g., the identities of kosher and non-kosher species,
shechita [slaughtering], the kinds of activities prohibited on
Shabbat, how Yom Kippur is observed, how the shofar is blown, what
t'fillin [phylacteries] are, what is a sukkah, marriage and divorce)
only briefly, without any of the requisite details. In many such
instances, the Oral Torah has special status, and is referred to as
"halakha l'Moshe mi'Sinai" (literally, Law to Moses at Sinai), and has
the same immutable status as the Written Torah itself. Another factor
"forcing" the recognition of the Oral Torah was the need for the basic
halakhic principles of the Written Torah to extend and adapt (within
limits) to societal changes; cultural and social changes demanded
halakhic decisions, and these halakhic decisions had to be transmitted
across generations. Deut 17:8-9 tells the people to "go the the judge
who shall be in those days;" the rabbinic tradition thus explicitly
commands adherence to the Oral Torah and to rabbinic authority.
We do not know much of the early history of the Oral Torah, but much
of it (e.g., the basic structure of the Amidah liturgy, and the basic
principles of halakhic exegesis) is ascribed to the Men of the Great
Assembly (539-332 BCE, the era of the Second Temple and Persian rule).
Subsequent development of the Oral Law took place in the era of the
Zugot ("pairs" of scholars who served as spiritual and intellectual
leaders of the Jewish community under political domination of the
Greeks and Hasmoneans; it was in that period that the Sadducees, who
substantially rejected the authority of the Oral Torah, arose. But the
varieties of modern Judaism derive from the Talmud, in which the
essential principles of rabbinic Judaism were more fully discussed and
developed. If the Oral Torah was indeed given to the Jews at Sinai at
the same time as the Written Torah, how does one explain the talmudic
disputes? There are at least three possibilities, and they are not
mutually exclusive. Perhaps the Oral Torah was transmitted
inaccurately, and the task of the rabbis was to reconstruct it.
Alternatively, the halakhic principles of the Oral Torah were used by
the rabbis to derive new laws, and to apply old laws to novel
situations. The third possibility is that the Oral Law gave the rabbis
the right (perhaps the responsibility) to legislate.
Non-traditional movements have different positions on the origin. Some
hold with the "documentary theory", which has four authors. Some hold
with divine inspiration. Others believe in divine inspiration, written
in the language and context of its time. However, all agree that the
Written and Oral Torah contain eternal truths that apply as well today
as when the documents were committed to parchment, and that study of
both is critical.
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Last Update March 27 2014 @ 02:11 PM
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