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RABBINIC JUDAISM
&
ORAL LAW

History of the Talmud Michael Rodkinson pg 5
The word Torahalone was applied tothe entire Bible, the term"Talmud" wasreserved
forthe orallaw,thoughthemeaning ofthesetwowordsis identical
;namely, "teaching"or
"study."
Still,because itis writtenVeiimdo (Deut. xxxi,19),andteach itthechildren of Israel (put it
in theirmouths
;thatisto saythat the teacher's duty was to explainandcomment on the
lawsand ordinancesuntil thechildrenunderstoodthem thoroughlyandwere conversant
with them byheart)thename "Talmud"was applied to what wasstyled by a long
phrase" OralLaw" (Torah-sheb'al-Peh)
.Thisword designatedallthecommentariesof the
sageson theScriptureswhichthe Pharisees had begun to interpretfiguratively.

Wisdom in the Hebrew Alphabet pg 58
"The entire Torah was given to main two parts [torah shebeektav] Written Torah, which God dictated
word for word to Moses and commanded him to commit to writing, and [torah shebal peh] the Oral Torah,
which God transmitted to Moses orally and which was subsequently passed on from teacher to pupil,
generation after generation."

The “Oral Torah” includes the following categories:
Halachot- Pharisaic/Rabbinic textual interpretations on the Written Torah.
Mining out a rule or teaching (a drash) from the Torah. Context is irrelevant.

Takanot - New enacted religious laws added to the Written Torah with the
authority of the “Oral Torah.” Scripture is not consulted as a proof text for these
laws.

Ma'asim - Rabbinic precedents or “works” that lead to the establishing of new
laws that are binding on all Israel, whether in the land or in exile. (See the Islamic
Law ofHad it: If Mohammed did something, Muslims are obligated to do it too,
even if it is not written in the Qur’an.)

Minhagim – Legalized traditions (local community customs) that become
National Law by the sheer fact that the customs are practiced normatively. See
“Minhag Israel Torah He” “Custom in Israel is Torah Law.”

examples of halachot:
It says three times, "which you (all the people) will proclaim them" (otam) but read it
"you yourselves (atem-rabbis) will proclaim." -Rashi on Rosh HaShanah 25a.
R Akiva (2nd Century): The texts says, 'you,' 'you,' 'you,' three times (includes Leviticus
23:1-4), to indicate that 'you' (rabbis) [may fix the festivals] even if you err inadvertently,
'you,' (rabbis) even if you err deliberately, 'you,' (rabbis) even if you are misled. (Rosh
HaShanah 25a)

[Rambam’s Introduction to the Mishnah] …The Sages said further...if a prophet testifies,
that the Holy-One, Blessed be He, told him, that the law of a certain commandment is

such and such, or that the reasoning of a certain sage is correct, that prophet must be
executed...as it is written, 'it is not in heaven' (Deut. 30:12). Thus God did not permit us
to learn from the prophets, only from the Rabbis who are men of logic and reason.

Examples of Takanot:
A law requiring a daily ritual washing of hands (Mark 7)

A law against “carrying” on Shabbat (John 5:8-10)
A law requiring fasting twice a week—Monday and Thursday (Luke 18)
A law that specific prayers be recited over certain kinds of foods (Matt. 14:19)
A decree against handling and touching things prohibited for use on Shabbat and holy

days (Matt. 12:11, Muktzeh)
A law forbidding a Jew from using bread, wine, and/or oil of Gentiles. (Acts 10)
A law requiring one to pray only with fixed (structured) prayers, which includes using
the rabbi’s formula, “...vitzivanu” (“...and he has commanded us” through the spiritual
powers vested in the rabbis)

Ma’aseh (plural Ma’asim): Any action or deed of a Rabbi or Sage (a precedent) that says
to look to the Rabbis if you want to know a standard for “proper Jewish behavior.”
See Shabbat 21a of the Talmud:
“Precedent is a Teacher”

• A rule orw ork that allows a Jew to descend from a ship by a ramp built by a
Gentile on Shabbat because Rabban Gamaliel did so with the elders, so it must be
okay according to the “oral law.”
• A rule orw ork that requires one to say the daily Shma before midnight. However,
in cases of delay, one has until dawn to discharge his obligation based on the
authority of Rabbi Shimon who was believed to be a scholar who certainly knew
what the “oral law” requires.
• A rule orw ork forbidding one to turn on a light switch on Shabbat because the
Chofetz Chaim (Rabbi Israel Meir HaCohen Kagan (1838-1933) did not turn on a
light switch on Shabbat, so it must be what the “oral law” requires.

Minhagim – Legalized traditions (local community customs) that become National
Law by the sheer fact that the customs are practiced normatively. See“ Minhag
Israel Torah He” “Custom in Israel is Torah Law.”
Shulchan Aruch, Orach Hayim 2:6- One may not walk even four cubits without his head
covered or make a blessing even while seated without his head covered.
Shabbat 133a, 135a, 137a-
Halachic circumcision customs of :

Hatafat Dam Brit (drawing of blood)
Peri'ah (peeling back of the corona)
Metzitzah (sucking of the wound)

Tit 1:14not listening to Jewish myths and commandments of men, having turned
away from the truth.
Jer 8:8How do you say, Weare wise, and the Law of Jehovahis with us? Behold, the
lying pen of the scribes has certainly worked deceit.
Jer 8:9The wise are ashamed; they are terrified and are captured. Behold, they have
rejected the Word of Jehovah, and what wisdomis theirs?
Can the Talmud be trusted as historical fact?

"It [the Mishnah] purports to describe how things are. But it tells us more about a fantasy than about the real palpable world, the world concretely known to the people who wrote about it."3

3 Jacob Neusner, Messiah, 24.
Yeshua=Messiah in the Talmud

Berakot 56b
If one sees an ass in a dream, he may hope forsalvation, as it says,
Behold thy king cometh unto thee; he is triumphant and victorious,
lowly and riding upon an ass.(44)

If one sees a choice vine, he may look forward to seeing the Messiah,
since it says, Binding his foal unto the vine and his ass's colt unto the
choice vine.(18)

There are some positive references to the oral law in the Scriptures
Act 18:25This one having been taught by mouth in the way of the Lord, and
being fervent in spirit, he spoke and taught accurately the things about the Lord,
having understood only the baptism of John.
Rom 2:17Behold, you are called a Jew, and rest in the Law, and boast in God,
Rom 2:18and know the will, and approve the things excelling, being instructed
out of the Law,
Gal 6:6But let theone beingtaug ht in the Word share with theone teaching, in all
good things.
Act 18:25
Had been instructed in the way of the Lord(
n katēchēmenos tēn
hodon tou kuriou). Periphrastic past perfect passive of katēcheō, rare in
the old Greek and not in the lxx fromk ata ande ̄ch e ō (ēchō, sound) as in
Luk_1:4, to re-sound, to re-echo, to teach by repeated dinning into the

ears as the Arabs do now, to teach orally by word of mouth (and ear).
Here the accusative of the thing (the word) is retained in the passive like
withdi dask ō, to teach (Robertson,Grammar, p. 485).

Even the New Testament writings were first passed down orally
Luk 1:1Since many took in hand to draw up an account concerning the matters
having been borne out among us,
Luk 1:2as those fromthe beginning delivered to us, becoming eye-witnesses
and ministers of the Word,
Luk 1:3it seemed good also to me, having traced out all things accurately from the
first, to write in order to you, most excellent Theophilus,
Luk 1:4that you may know the certainty concerning the words which you were
taught.
1Co 14:19But in an assembly I desire to speak five words with my mind, that I may
alsoins t ruct others, than myriads of words in aforei gn language.
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