#judaismdecoded

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Judaism Decoded Lesson 5 Recap

Introduction Secular law is constantly changing to adapt to new circumstances and situations. Is the concept of change possible in any part of Jewish Law, Written or the Oral Tradition? The Written Torah and Received Law The written Torah and the Received element of the Oral Law, given directly by G-d to Moshe at Sinai, are not subject to change. This is one of the principles of Jewish belief. But why is change not possible when dealing with a different situation than the one that existed at Mt. Sinai? The Torah expresses G-d’s wisdom and will. Just as G-d transcends creation and time, so does His wisdom and will—the Torah. The Torah is not simply a response to ancient circumstances but is an eternal law. As G-d does not change, His wisdom and will do not change either. Modifying either the Written Torah or the Received Oral Torah would leave us with a new product, one that is not an expression of G-d’s wisdom and will. And as the Torah is the blueprint or inner code of creation, the world is a reflection of Torah and not vice versa. Even Heaven Can't Change Torah Even a proven prophet or a new divine message cannot change the Torah as it was given at Sinai. However in a few select situations, law was suspended in order to save people. Conclusion The Written Torah and its Received Law is not subject to change. Derived Law technically could change with a Sanhedrin that comes to a different conclusion than a previous Sanhedrin. Rabbinical law can be changed by a group of sages exceeding those who originally enacted the law.

To save a life and in select situation, preserve a community, parts of the derived and legislated elements of the Oral tradition have been temporarily suspended. 

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Judaism Decoded Lesson 4 Recap

Introduction Debates in the Talmud are a basic element of Jewish Studies. If the Oral Law is G-d given, how can there be a debate about what G-d said, and doesn't a debate challenge the premise of the divinity and validity of Jewish law? To answer these questions we examine the areas of the Oral Tradition where the possibility of a debate is and is not possible. Debating  As learned in Lesson 1, in the category Written & Received Law, which were directly given directly by G-d, you will not find debates. For example; No one debated that the meaning of "affliction" on Yom Kippur means anything other than fasting, or that the fruit of a "Hadar"Tree is something other than an Etrog. 

In Derived Law, where we are deriving additional elements of the Mitzvot through approved methods of analysis, debate is possible and very common. The same applies to Legislated Rabbinical Law. Reaching a Divine Conclusion All Talmudical and subsequent opinions, which follow the divine rules for deriving the law, are true as they each represent a divine perspective in the case under discussion. Thus every opinion has a divine reflection. 

When a final ruling is elusive, the Torah instructs us to follow the majority opinion. The majority opinion reflects the dominant element and perspective in the case under discussion which then defines the final outcome. As long as the majority of the Jewish people were living in the same geographical area, the majority opinion of the Sanhedrin- the High Court, and later the Talmud became binding for all Jewish people. With the dispersion of the Jewish people to multiple regions, the majority opinion of a court would be binding upon the community of its jurisdiction, but not necessarily for every region.

The system of Talmudical debates and their resolutions are the ultimate element of peace. When multiple views are debated and conclude with a decision, and the minority opinion agrees to follow the majority ruling, we have created true peace as it is derived from multiple perspectives. The Torah was primarily designed by G-d to bring peace to the world. Peace is harmony from diversity. By allowing each their own opinion and then finding a majority rule for the minority to accept, we achieve the greatest harmony of all. The divine reason for creation.

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Judaism Decoded Lesson 3 Recap

Introduction In previous lessons we examined two parts of the Oral Tradition, the Received Law, given directly by G-d to Moshe, and the Derived Law, where we use received principles to derive additional elements of Jewish Law. In this lesson we look at the vast world of Legislated Law, where the Rabbis made new Jewish legislation. Under what authority and with which parameters are they able to do so?

Authorization for Rabbinic Law A great deal of Jewish observances are Rabbinical in nature. Shabbat Candles, Chanukah, Purim, Washing our Hands are just a few. In describing the authority of Rabbinical courts to legislate, it is written in the Torah that we are to follow the additional enactments made by the Rabbi’s. This authorization enables and guides new legislation. It is this authorization that is referred to in our blessings when we say that G-d commanded us to light Shabbat Candles, read the Megillah etc. How far is the reach of Rabbinic law? The Parameters of Rabbinical Law Rabbinical Law cannot compromise Torah Law and must be made under specific situations. 1. Fix a societal problem. Example; when redeeming Jewish captives and hostages, we are not allowed to pay more than the slave market value (dealt with at length in another lesson)  2. Safeguard and promote Biblical Law. Example(s); prohibition of eating chicken with milk, and the establishment of pre-holiday study sessions. 

Depending on the authority of the Rabbinical courts, the legislation may apply to all Jews as when the Sanhedrin created laws, or to the specific segment of the population who are under the authority of the enacting court. Limits of Rabbinical Enactments When enacting a new law, it must be explicitly presented as Rabbinical Law, not Torah Law. In addition, the sages may not pass an enactment unless they first assess that the majority of the population can tolerate it. If they pass a law based on this assessment and it turned out that the population never did accept it, the law is void. There are a number of such cases in Rabbinical Law where the enacted legislation did not take hold and are not required observances.

By the People

A custom begins when ordinary people behave in a certain way with the intention of enhancing their relationship with G-d. 

A custom might be binding only to a certain family, a certain town, or all of Jewry. A notable example of a custom excepted by all; the groom giving the bride a ring. Example of not accepted by all; the eating of legumes on Passover apply only to Ashkenazic Jewry. 

Thus all four categories of the Oral Tradition are represented:

A. Received B. Derived C. Legislated D. Custom

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Judaism Decoded Lesson 2 Recap

Introduction The first category of Oral tradition is the Received Oral Law, the laws given directly from G-d to Moshe. In Lesson Two we look at laws not given directly by G-d but that are derived from the Written Law and the Received Oral tradition. We refer to this second category as Derived Oral Law. Derived Law  Even after having the Received Law, there are a number of issues that are not defined. In addition, over time new issues arise which requires a method to apply the laws to new situations. In secular law such situations are handled either through new legislation or a judiciary review. The giving of the Torah was a singular event and there is no passing of new legislation. The Derived Law is similar to judiciary review. We derive the laws that are encoded within words of the Written Law. Hermeneutic rules of derivation To Derived Law and have them aliened with the laws which were given by G-d to Moses at Sinai, along with the Received Oral Law Moshe was given 13 Hermeneutic rules of derivation . By following these rules we are deriving the will of G-d which is concealed within the words of the Written Law. Two of these rules were discussed at length in this lesson; Kal Vechomer, A fortiori argument, where we derive a ruling for a more obvious case from an existing Torah law in a less obvious case. Another example is Binyan Av, where an existing Torah law in one situation is applied to a similar situation.  The Uniqueness of Derived Law; You  In the Written and Received Law, we are receiving and passing along the word of G-d, but play no part in the development of the law and more important it is largely devoid of the Human Element. With the Derived Law we become active participants in the Torah process. I is one thing to have information, It is another to discover the divine will embedded in the Torah. By studying the word of G-d and deriving its law we integrate the Creator and his Creations, fulfilling the ultimate purpose of Creation.

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Judaism Decoded Lesson 1 Recap

Introduction A glance at Jewish traditions and customs informs us that the Torah, known as the Written Law, comes with an explanation known as the Oral Law. Every part of Jewish life and every Jewish practice is defined by the Oral Law. What is the Oral Law and why did G-d choose to instruct us in this manner? What Is The Oral Law and What Does It Do? The Oral Law consists of different categories. This lesson focuses on the Received Oral Law, the G-d given explanations of the Torah and its commandments. These explanations include: a. The manner in which the Torah is to be read. The sounds of the letters, vowels & punctuation which allows us to understand what the Torah is actually saying. b. The meaning of the verses. The commandments as written are ambiguous. The Oral Law provides the explanations and specifics needed to perform the commandments. Oral Transmission Some of the advantages of an oral transmission are; a. Laws that are just written can over time become ambiguous. (For example, present day constitutional arguments reflect this issue). A continuous oral transmission in which the meaning of the written law is fully defined avoids this problem. b. An Oral Law compels us to study Torah on a regular basis with tremendous focus. The historical Jewish emphasis on education is rooted in the oral transmission of Torah law. c. Our study requires teachers who can be living mentors and examples for their students. This ensures intergenerational respect and continuity.  The integrity and accuracy of the Oral Transmission is ensured by having the Written Torah which accompanies the Oral Torah. By using the text as a base the information becomes a cohesive unit, one that has guided the Jewish people for over 3000 years.