#judaismdecoded

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 Rabbinical law can be changed by a group of sages exceeding those who originally enacted the law.

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.

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: