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154Halacha, Agada and the Codification of Law Rabbi Tzvi Fischer Portland Kollel

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154Halacha, Agada and the Codification of Law Rabbi Tzvi Fischer Portland Kollel 154Halacha, Agada and the Codification of Law Rabbi Tzvi Fischer Portland Kollel Torah Shebichtav and Torah She'ba'al Peh — Written Torah and Oral Torah The need: 1. Vayikra 23: And you shall take for yourselves on the first day the fruit .40 מ וּלְקַחְתֶּ֨ם לָכֶ֜ם בַּיּ֣וֹם הָרִאשׁ֗וֹן פְּרִ֨י of the tree of beauty, leaves of palm branches and a branch of עֵ֤ץ הָדָר֙ כַּפֹּ֣ת תְּמָרִ֔ים וַעֲנַ֥ף the woven tree, and willows of the brook, and you shall עֵץ־עָבֹ֖ת וְעַרְבֵי־נָ֑חַל וּשְׂמַחְתֶּ֗ם .rejoice before Hashem your God seven days לִפְנֵ֛י ה' אֱלֹהֵיכֶ֖ם שִׁבְעַ֥ת יָמִֽים׃ And you shall keep it a feast to Hashem seven days in the .41 מא וְחַגֹּתֶ֤ם אֹתוֹ֙ חַ֣ג לַָֽ֔ה' שִׁבְעַ֥ת year it is a statute forever in your generations; you shall keep יָמִ֖ים בַּשָּׁנָ֑ה חֻקַּ֤ת עוֹלָם֙ לְדֹרֹ֣תֵיכֶ֔ם .it in the seventh month בַּחֹ֥דֶשׁ הַשְּׁבִיעִ֖י תָּחֹ֥גּוּ אֹתֽוֹ׃ You shall dwell in the huts for seven days; all who are .42 מב בַּסֻּכֹּ֥ת תֵּשְׁב֖וּ שִׁבְעַ֣ת יָמִ֑ים .native-born in Israel shall dwell in huts כָּל־הָֽאֶזְרָח֙ בְּיִשְׂרָאֵ֔ל יֵשְׁב֖וּ בַּסֻּכֹּֽת׃ 2. Devarim 6:9 And you shall write them upon the door-posts of your 9 ט וּכְתַבְתָּ֛ם עַל־מְזוּזֹ֥ת בֵּיתֶ֖ךָ .house, and upon your gates וּבִשְׁעָרֶֽיךָ׃ The mandate: 3. Devarim 17:9-11 And you shall come to the priests the Levites, and to the 9 ט וּבָאתָ֗ אֶל־הַכֹּהֲנִים֙ הַלְוִיִּ֔ם judge that shall be in those days; and you shall inquire; and וְאֶל־הַשֹּׁפֵ֔ט אֲשֶׁ֥ר יִהְיֶ֖ה בַּיָּמִ֣ים הָהֵ֑ם .they shall tell you the sentence of judgment וְדָרַשְׁתָּ֙ וְהִגִּ֣ידוּ לְךָ֔ אֵ֖ת דְּבַ֥ר הַמִּשְׁפָּֽט׃ And you shall do according to the word that they will tell 10 י וְעָשִׂ֗יתָ עַל־פִּ֤י הַדָּבָר֙ אֲשֶׁ֣ר יַגִּ֣ידֽוּ you, from that place which Hashem shall choose; and you shall לְךָ֔ מִן־הַמָּק֣וֹם הַה֔וּא אֲשֶׁ֖ר יִבְחַ֣ר ה' .observe to do according to all that they shall teach you וְשָׁמַרְתָּ֣ לַעֲשׂ֔וֹת כְּכֹ֖ל אֲשֶׁ֥ר יוֹרֽוּךָ׃ יא עַל־פִּ֨י הַתּוֹרָ֜ה אֲשֶׁ֣ר יוֹר֗וּךָ According to the law which they shall teach you, and 11 וְעַל־הַמִּשְׁפָּ֛ט אֲשֶׁר־יֹאמְר֥וּ לְךָ֖ according to the judgment which they shall tell you, you shall תַּעֲשֶׂ֑ה לֹ֣א תָס֗וּר מִן־הַדָּבָ֛ר do; you shall not turn aside from the statement which they אֲשֶׁר־יַגִּ֥ידֽוּ לְךָ֖ יָמִ֥ין וּשְׂמֹֽאל׃ shall tell you, to the right or to the left. 4. Shemot 24:12 יב וַיֹּ֨אמֶר ה' אֶל־מֹשֶׁ֗ה עֲלֵ֥ה אֵלַ֛י And Hashem said to Moshe: "Come up to Me, to the 12 הָהָ֖רָה וֶהְיֵה־שָׁ֑ם וְאֶתְּנָ֨ה לְךָ֜ mountain, and be there. I will give you the tablets of stone and אֶת־לֻחֹ֣ת הָאֶ֗בֶן וְהַתּוֹרָה֙ וְהַמִּצְוָ֔ה the Torah and the commandments, which I have written in אֲשֶׁ֥ר כָּתַ֖בְתִּי לְהוֹרֹתָֽם׃ order to teach them. 5. Rav S. Hirsch. Commentary ibid The Written Law is only a teaching aid intended as a reference source to facilitate retention of the Torah's main content — namely the Oral Law. 6. Vayikra 18:30 Therefore guard that which is My charge, so that you not 30 ל וּשְׁמַרְתֶּ֣ם אֶת־מִשְׁמַרְתִּ֗י ,do any of these abominations which were done before you לְבִלְתִּ֨י עֲשׂ֜וֹת מֵחֻקּ֤וֹת הַתּֽוֹעֵבֹת֙ and that you become defiled therein, I am Hashem your God. אֲשֶׁ֣ר נַעֲשׂ֣וּ לִפְנֵיכֶ֔ם וְלֹ֥א תִֽטַּמְּא֖וּ בָּהֶ֑ם אֲנִ֖י ה' אֱלֹהֵיכֶֽם׃ 7. Talmud Bavli, Yevamot 21a .Make a guarding for my guard עשו משמרת למשמרתי 8. Rav Hirsch, Commentary Vayikra 30:14 My guard refers to the guard duty assigned to us by God. The Torah is a treasure entrusted to us. Each one of us has been appointed a guardian of the Torah. We must guard it, first of all, from ourselves — that we not violate it deliberately or inadvertently. Our verse doesn't say 'guard my guard and do not violate...' rather it says 'guard my guard so that you not violate...' Accordingly, it means: fulfill your duty to guard the Torah in such a manner that you will not come to transgress it. Thus, refrain not only from actual transgression but also from the any act that might lead to transgression.... Thus we are charged to avoid — with the same punctilious conscientiousness — not only transgression itself but also anything that might lead to transgression. This is the Jewish concept of punctilious observance that is subsumed under the terms placing a fence around the Torah." This concept is expressed in the saying" ,סייג and גדר of our Sages: "Keep away from anything that is morally repugnant and from anything that resembles it." Our Sages had profound insight into human nature and the practical aspects of Torah observance. Accordingly, they enacted precautionary measures to safeguard Torah observance. However, any discerning and God-fearing Jew concerned about Torah observance would have to adapt such precautions in his own, to govern his personal life. The source: 9. Devarim 12:21 If the place which Hashem your God shall choose to put His 21 כא כִּֽי־יִרְחַ֨ק מִמְּךָ֜ הַמָּק֗וֹם אֲשֶׁ֨ר name there will be too far from you, then you shall slaughter יִבְחַ֜ר ה' אֱלֹהֶיךָ֮ לָשׂ֣וּם שְׁמ֣וֹ שָׁם֒ of your herd and of your flock, which Hashem has given you, in וְזָבַחְתָּ֞ מִבְּקָרְךָ֣ וּמִצֹּֽאנְךָ֗ אֲשֶׁ֨ר נָתַ֤ן the manner I have commanded you, and you shall eat in your יְהוָה֙ לְךָ֔ כַּאֲשֶׁ֖ר צִוִּיתִ֑ךָ וְאָֽכַלְתָּ֙ .gates, as all that you desire בִּשְׁעָרֶ֔יךָ בְּכֹ֖ל אַוַּ֥ת נַפְשֶֽׁךָ׃ 10. Talmud Bavli, Chulin 7a ‘As I commanded you’ Rabi [Youhuda Hanasi] teaches from here that Moshe was taught the laws of shechita regarding the trachea and esophagus. 11. Shemot 20 And the seventh day is a Sabbath to Hashem your God. On 10 י וְי֙וֹם֙ הַשְּׁבִיעִ֔֜י שַׁבָּ֣ת לַ֣ה' אֱלֹהֶ֑֗יךָ it you shall not perform any manner of creative-work, not you, לֹֽ֣א־תַעֲשֶׂ֣֨ה כָל־מְלָאכָ֡֜ה אַתָּ֣ה your son, your daughter, your servant, your maid-servant, your .animal, your stranger who is in your gates וּבִנְךָֽ֣־וּ֠בִתֶּ֗ךָ עַבְדְּךָ֤֨ וַאֲמָֽתְךָ֜֙ וּבְהֶמְתֶּ֔֗ךָ וְגֵרְךָ֖֙ אֲשֶׁ֥֣ר בִּשְׁעָרֶֽ֔יךָ 12. Bamidbar 15 And while the children of Israel were in the wilderness, they 32 לב וַיִּהְי֥וּ בְנֵֽי־יִשְׂרָאֵ֖ל בַּמִּדְבָּ֑ר .found a man gathering sticks upon the Sabbath day וַֽיִּמְצְא֗וּ אִ֛ישׁ מְקֹשֵׁ֥שׁ עֵצִ֖ים בְּי֥וֹם הַשַּׁבָּֽת׃ 13. Rambam: Introduction to Mishnah Torah Introduction 1. All the commandments that were given to Moshe at Sinai were given together with their interpretation, as it is written "and I will give you the Tablets of Stone, and the Law, and the Commandment (Shemot 24:12)."Law" is the Written Law; and "Commandment" is its interpretation: We were commanded to fulfill the Law, according to the Commandment. And this Commandment is what is called the Oral Law. 2. The whole of the Law was written down by Moshe Our Teacher before he died, in his own hand. He gave a scroll of the Law to each tribe: and he put another scroll by the Ark for a witness, as it is written “take this book of the Law, and put it by the side of the Ark of the Covenant of Hashem your God, that it may be there for a witness against you” (Devarim 3126). 3. But the Commandment, which is the interpretation of the Law--he did not write it down, but gave orders concerning it to the elders, to Yehoshua, and to all the rest of Israel, as it is written "all this word which 1 command you, that shall you observe to do..." (Devarim 31:1). For this reason, it is called the Oral Law. 4. Although the Oral Law was not written down, Moshe Our Teacher taught all of it in his court to the seventy elders; and El'azar, Pinchas, and Yehoshua, all three received it from Moshe. And to his student Yehoshua, Moshe Our Teacher passed on the Oral Law and ordered him concerning it. And so Yehashua throughout his life taught it orally. 5. Many eiders received it from Yehoshna, and Eli received it from the elders and from Pinchas; Shemuel received it from Eli and his court, and David received it from Shemuel and his court 6. Eliyahu received it from Ahiyah the Shilonite and his court, Elisha received it from Eliyahu and his court, Yehoyada the Priest received it front Elisha and his court, Zecharyahu received it from Yehoyada and his court. Hoshea received it from Zecharyah and his court, Amos received it from Hoshea and his court, Yeshayahu received it from Amos and his court, Michah received it tram Yeshayah and his court,Yoel received it from Michah and his court, Nachum received it from Yoel and his court, Chavakuk received it from Nachum and his court, Tzefanyah received it from Chavakuk and his court, Yirmiyah received it from Tzefanyah and his court, Baruch son of Neriyah received it from Yirmiyah and his court, and Ezra and his court received it from Baruch and his court. 7. Ezra’s court is called the Men of the Great Assembly, and they were Haggai, Zecharyah, and Mal’achi, and Daniyel, Chananyah, Mishael and Azaryah, and Nehemyah son of Chachalyah, and Mordochai and Zerubavel; and many other sages were with them, numbering altogether one hundred twenty elders. The last of them was Shim’on Hatzadik, who was included among the one hundred twenty, and received the Oral Law from all of them; and he was High Priest after Ezra. 8. Antignos of Socho and his court received it from Shim’on the Righteous and his court, Yosef son of Yoezer of Tseredah and Yosef son of Yochanan of Yerushalayim and their court received it from Antignos and his court, Yehoshua sen of Perachyah and Nittai the Arbelite and their court received it from Yosef and Yosef and their court, Yehudah son of Tabbai and Shim’on son of Shetach and their court received it from Yehoshua and Nittai and their court.
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