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Essay: The Oral Law in Judaism

rabbifink — Mon, 07 Sep 2009 16:38:01 +0000

This essay was inspired by a recent post on DovBear. I have cross posted this post there as well. Head over there for more discussion.

What follows is my understanding of The Oral Law and its transmission to us. This article does not attempt to validate or prove its transmission as fact, rather it explains just what is being transmitted when we refer to Torah SheBaal Peh (TSBP).

I am sure there are plenty of maamarei Chazal that are not 100% congruent with this approach. I am also sure that there are many maamarei Chazal that do jive with this approach. I have spent many hours studying and analyzing the concept of TSBP and what follows is what I believe to be a rational, coherent, non-apologetic approach.

Much of this essay is accessible in audio format by clicking here.

The Torah preceded the world. One tradition tell us that God looked into the Torah and created the world. That means that the Torah contains within it the spiritual genetic code of the world and the world is a physical manifestation of that code. Another metaphor would be a blueprint. All the information necessary to build is in the blueprint, yet it is merely ink and paper. What can this mean? God looked at the stories of Adam and Eve and created the world? Or God looked at the sale of Joseph and created the word? Impossible. The metaphor does not even make sense. I believe Chazal are telling us that Torah is not the stories or even laws in the Chumash. “Torah” refers to the all encompassing Oral Law (this idea is attributed to Rambam). In other words, the Oral Law refers to the natural and supernatural rules of the universe that manifested themselves in a physical sense once God put them into motion during “Creation”.

What this means is that the Torah and our universe are really two sides of one coin. The spiritual code on one side and the physical manifestation on the other side. Thus, someone could potentially rewrite the spiritual code by examining the physical manifestation side. Just as with a blueprint, a talented architect could possibly rewrite a blueprint by examining a building a talented spiritualist would be capable of figuring out the spiritual code the world is made of.

This spiritual code contains within it the natural rules of our universe and some of those rules are recommended limitations on human activity designed to help a person maximize their existence in the world. In this light, the Torah is a guide that gives the physical world its characteristics and contains the instructions for living in that world.

A few individuals were in tune with this reality and implemented some of the Torah’s concepts into their lives. Shem, Ever, Noach and Enosh were a few of the first people who were able to glean spiritual rules from their observations of the world.

Abraham was the first to grasp enough of the code for God to choose him to begin a nation of people to whom God would eventually charge with keeping and teaching this code. Slowly, Abraham taught these concepts to whomever would listen. The Abrahamic family was also aware of these Torah rules and whether they kept them or not is not relevant. They knew them and may have practiced them.

Upon Abraham’s family being enslaved in Egypt, the concepts and their rules became more and more forgotten. The exodus occurred just before the point of no return. The point that Chazal call the 49th level of impurity. The slaves were just as Egyptian as their slave-masters save for 3 (or 4) areas. Such, a large nation of people would need a guide book to remind them of their Abrahamic, monotheistic, Torah tradition. The Bnei Yisrael left Egypt for the sole purpose of receiving these instructions in the form of the Torah.

At Sinai, God gave Moses the entire code. This code included the spiritual rules, the laws, the stories (which all contain important moral and quasi-historical lessons) as well as all the information necessary to live according to those laws. God then gave Moses a written version of notes to this code. These notes were the bare minimum necessary to reconstruct the entire code as God gave it to Moses.

At this point, Moses has all the information in his head and gives the people this written book of notes that we call the Written Law or Torah SheBiksav (TSBK). As time progresses Moses added (probably divinely inspired) notes to the end of the TSBK to complete the books. The Jewish people try to live a lifestyle as Moses taught them according to the code and had the notes in TSBK to help them remember their obligations. As we are taught at the start of Ethics of our Fathers, Moses “kibbel” (received) the “Torah” (including the TSBP) (and again this does not mean the Chumash, why would there need to be a mesora for that if it was written) and gave it all to Joshua, who gave it to the elders etc. There was a central Torah authority who could resolve disputes. Originally, it was a one man show starring Moses. But at the behest of Jethro, some delegation gave Torah authority to others. There was no machlokes (disagreement) among the Torah authority as Moses could always be consulted to give them the truth.

The system was designed to ensure that there would be a transmission from parent to child and teacher to student. This guaranteed the Torah would remain a “living” Torah and not relegated to a library. Codifying the bare minimum in text form forced the Jewish people to rely on a system of relationships and living the life of Torah to remember all its laws. This is an integral part of the Oral Transmission that has stood the test of time, as we shall see.

This system remained in place throughout the 1st Temple. A central Torah authority was the final arbiter of disputes and there was no machlokes as to what Moses claimed God wanted the Jewish people to do in their service of God.

Many called this entire concept into question. Korach, Yeravam and others wished to undermine the Mosaic Torah authority. But it always existed.

During the Second Temple, due to oppression it was literally impossible to maintain a central Torah authority. Torah study was banned, Torah scholars were killed and Yeshivas were disbanded. Students began taking notes to ensure TSBP would be remembered.

In a revolutionary move, Rabbi Yehuda HaNassi collected many of these notebooks and canonized a version of TSBP notes called the Mishna. He too, followed the Mosaic formula of writing just the bare minimum necessary for a scholar to recreate the code from the Mishna. He wrote the Mishnayos in a format that would induce questions and those questions would in turn produce the TSBP tradition. He was successful to an extent. But due to the increased hostility and lack of central Torah authority disputes were common. R’ Yehuda HaNassi completely succeeded in the broader goal of maintaining the need for the parent to child, teacher to student relationship to transmit TSBP.

Mishnaic literature was discussed, argued and taught for a couple hundred years. Students continued taking notes and eventually these notes became the Talmud. Ravina and Rav Ashi collected these notes and recorded these conversations to canonize the understanding of the Mishna in order to recreate the entire code. Although to a lesser degree, they also made an effort to be concise and include only the discussion necessary for recreating the method of Jewish life briefly described in the Mishna that was based on the written notes of the Chumash that God gave to Moses. Their brevity, once again maintained the familiar generation to generation connection that TSBP demands.

Since the closing of the Talmud it has been discussed and argued vociferously. This is a good thing. It gives its scholars the chance they need to arrive at the truth. TSBP is not their discussions, it is what they are discussing. TSBP was given to the Jewish people at Sinai but in truth it exists all around us. It is the rules of nature and spirituality that govern our world. Distant cultures and tribes can come to similar conclusions as the Torah because they are examining the world that is the physical manifestation of that Torah. People who never heard of Torah can relate to many of its laws as they seem natural to them. In fact they are natural to the world.

In conclusion, when we say that Moses received Torah SheBaal Peh, what we mean is that Moses had all the information necessary to live and appreciate the Torah lifestyle. The Written Torah were the original notes to this information as time progresses, we now have Mishanic and Talmudic notes as well. Thus, our study of Talmud today continues the Oral Transmission of TSBP as we attempt to decode the original version of the Oral Law handed from God to Moses on Sinai. Today, our greatest resource to that end is the study of Talmud.

Mesira (The Jewish Informant) in Halacha

rabbifink — Wed, 12 Aug 2009 13:25:27 +0000

This post has been cross-posted to DovBear – more discussion there.

The topic of mesira is complex. I do not claim expertise on the subject of who is a moser, but I have heard a discourse from an expert on Jewish and American Law named Rabbi Breitowitz. Aside from teaching law at University of Maryland, Rabbi Breitowitz is a practicing Rabbi in Silver Spring Maryland. When I lived in Baltimore, I heard Rabbi Breitowitz speak on the topic of mesira and I was able to find the same speech online to refresh my memory.

This is my basic understanding of his take on mesira.

He mentions three contemporary positions, Reb Moshe Feinstein, the Aruch HaShulchan and Rav Wosner.

He begins with Reb Moshe. Reb Moshe holds that there is a prohibition of mesira when the secular punishment is worse than the Torah’s punishment. A moser has a halachic status of a rodef, one who is trying to kill another, and must be stopped from his mesira. There are 3 big exceptions. 1) When the person about whom the moser is speaking of is a rodef himself. This is because a person who kills a rodef is not a killer nor is his act of attempting to kill the rodef is not considered a rodef. As an aside, a sexual or physical abuser is considered a halachic rodef and thus there is no prohibition of mesira in those situations. 2) If the moser is preventing a major communal disaster then there is no prohibition. 3) If it one’s job to inform, then mesira will not apply.

This is the most narrow view of when one is permitted to be moser that Rabbi Breitowitz mentions.

The Aruch Hashulchan says in a footnote to section 318 in Choshen Mishpat that in a benevolent and fair country where there is a justice system that does not unfairly imprison Jews, one is not guilty of mesira by informing the government of a fellow Jew’s crimes. He continues by saying “for example in wonderful Czarist Russia”. There is a question as to the seriousness of this footnote as he could not have possibly meant that Czarist Russia was fair and benevolent. The question is whether the entire footnote has value or if the entire thing was a false gesture of good faith to the Czar. It is not likely that the Aruch Hashulchan would add a deliberately misleading footnote and the reasoning of his footnote stands whether his country was wonderful or not. Thus, the Tzitz Eliezer holds that the Aruch Hashulchan means that wherever there is a “procedural justice” there is no mesira.

The third opinion is that of Rav Wosner. His approach integrates the rules of dina d’malchusa dina with mesira. His reasoning is that when the non-Jews follow the Noachide law of creating a set of laws it becomes a halachic basis for the Jew to obey those laws. Thus, he concludes that it cannot be possible to violate the prohibition of mesira if one is following the laws of their country. Since, he must follow the laws of that country his mesira is not against halacha. This does not mean one is required to be a moser, rather the reporting is not a violation of mesira.

It is necessary to define when dina d’milchusa dina constitutes to determine when mesira is not prohibited according to Rav Wosner. The Mechaber says that dina d’malchusa dina is limited to government interests. The Rama disagrees and says that it applies to anything that is designed to promote the well being of society. Most poskim agree with this definition which includes but is not limited to, criminal law, minimum wage laws, environmental laws and child labor laws.

In conclusion, mesira is a term bandied about to protect our own criminals. In reality, it is very difficult to pin down a halachic moser according to the Aruch Hashulchan or Rav Wosner and although it is possible according to Reb Moshe to be a moser it is still unlikely. We need to be honest with ourselves and stop hiding behind archaic halachic terms to justify false ideas.

To listen to the entire discourse online click here.

Great Shavuos Turnout Renders Previous Post Moot

rabbifink — Mon, 01 Jun 2009 00:38:52 +0000

Last week I blogged about my bond of kinship with a pastor in Ocean City Maryland.

We both are clergy working on beaches with fickle crowds. Sometimes we are packed and sometimes we are not…

The post generated a bit of a response from some of our Community Members as well as some other blog readers. We had one commenter wonder if anyone reads this blog. (Yes, a lot of people do read this blog.)

We had another commenter offer to walk from Youngstown PA. (It takes 33 days by foot according to Google, click if you need directions.)

So, how did our Shavuos go?

It was amazing.

Shavuos began with a very nicely attended Erev Shavuos Mincha. The rule is that we count 49 complete days from the second day of Pesach until Shavuos. Therefore we need to wait until nightfall is certain to commence Shavuos Services.

To pass the time we studied the Book of Ruth. I gave an in depth overview of the story as well as some of the deeper insights into why we study the Book of Ruth on Shavuos.

The overall theme that I wished to convey was that the Jewish line of Kings comes from David, who comes from Ruth, who was a convert. Further, the Jewish Messiah will be from the Davidic line as well. This is a powerful take-home lesson.

We followed evening services with a tasty community meal. Then the action began.

Together, we studied a section of Talmud in depth. The topic was “Expression of Ownership” and the marathon 2 hour session “flew by”. I was peppered by great questions and all 40 attendees participated and enjoyed the learning.

The next morning we reconvened for morning services and were blessed with a robust Minyan. I spoke about the “Chosen People” and mentioned the famous Charles Murray essay in Commentary Magazine about that topic. We were treated to a special dairy kiddush on the back patio. Mmmm cheesecake.

Friday night services were very well attended. We had a few guests in our shul, as is very common at PJC. One couple had been guests at one of our community member’s homes on Pesach for a Seder and they came to PJC for the first time for Friday night services. Of course, they were invited to a family for Friday night dinner and I heard that it went really well.

Another guest was a student of mine from a previous position I held at a different job. It was really cool that he came to our shul for services and we had a chance to catch up. He is now at Tufts in Boston and was part of their Maimonodies Scholars (MEOR) program with Rabbi Loketch, who grew up across the street from my wife in Monsey NY. (Small world.)

We had a guest speaker as well. Community member Erez Talmor spoke about what the Shema means to him. I introduced him by reminding the congregation that Torah study is not just for Rabbis and being a Torah scholar is something we all strive for. Erez is a great example of this and he did a great job.

Shabbos morning services were elongated due to several key additions. The congregation stuck it out and we concluded with a satisfying kiddush on the back patio.

Even Shabbos afternoon services were well attended. This is a trouble spot from time to time, but we had a wonderful minyan. Following services we had a small dinner. We were supposed to talk about the number 50 and why Shavuos has no set date in the Torah. Instead we had yet another discussion about clothes and dress codes. Riveting, as always.

Shavuos was a resounding success in Venice. The classes and services were well attended. We had our usual influx of strolling Jews who wandered into the shul off the boardwalk and the spiritual and physical warmth of our shul provided a wonderful Shavuos for everyone.

I guess I do not have so much in common with the Pastor in Ocean City MD after all.

Structure and Philosophy of Torah 3 | Connections 5/4/09

rabbifink — Tue, 19 May 2009 06:22:37 +0000

The third and final class in a very exciting series concluded our preparations for Shavuos.

Catch up by listening to Part 1 and Part 2.

Today we sought to resolve the burning question we began our series with. Why is Talmud study the focus of Torah scholarship? Why do Yeshiva students spend the bulk of their time studying Talmud? Why is Talmud our connection to the Oral Law transmission?

Those questions plus much more are covered in this week’s class.

The participants truly challenged me and asked some really great questions today. As always your attendance and contributions are much appreciated.

Click the link to listen to the class.You can listen to the entire class below (60 minutes)

Structure and Philosophy of Torah 2 | Connections 5/4/09

rabbifink — Tue, 12 May 2009 07:26:26 +0000

Happy Lag B’Omer.

We had a great turnout this week despite the fact that we lost some attendees to Lag B’Omer celebrations this week.

This week Connections was the second of a series of classes about the history, philosophy, structure and benefits to Torah study.

In preparation for Shavuos, when the Jewish people accepted the Torah, this was the perfect time for the series.

Tonight we did a quick review of last week, though listening online would be a better option. You will get the full picture that way.

Our journey this week took us from the writing of the Mishna through the the beginnings of the formation of the Talmud.

There was a great discussion about “machlokes” and the differing opinions among Tanaic and Amoraic literature.

To be continued next week. See you there (or here).

Click through to listen to the class.

You can listen to the entire class below

Structure and Philosophy of Torah | Connections 5/4/09

rabbifink — Tue, 05 May 2009 17:22:02 +0000

This week Connections was the first of a series of classes about the history, philosophy, structure and benefits to Torah study.

In preparation for Shavuos, when the Jewish people accepted the Torah, this was the perfect time to begin the series.

This class is the foundation for the next few classes so I highly recommend checking it out. The reviews of the class were great and we hope more people will join us next week.

Our discussion ranged from history of the Jewish people, the connection between the spiritual and material world, astrology and much, much more.

Looking forward to next week. See you there (or here).

Click through to listen to the class right now.

You can listen to the entire class below (60 minutes)

Intro to Talmud 1

rabbifink — Tue, 23 Dec 2008 04:07:18 +0000

Today I gave a lecture for a local Aish Campus retreat. My friends Rabbi Bloom and Rabbi Quinn run Aish Campus in Los Angeles and they invited me to give a 2 part lecture on the Introduction to and Philosophy of Talmud.

Today we had a very engaging session with a lot of great questions. We covered some very interesting ideas which are central to Torah study and understanding how our forefathers kept Torah before it was given to the world at Sinai many years later…

Just click the audio player to listen to the lecture (40 minutes).

Download

Part 2 is posted here.