
Contents
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Introduction Introduction
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Defining Oral Torah Defining Oral Torah
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The Rabbinic Innovation and Its Sectarian Opposition The Rabbinic Innovation and Its Sectarian Opposition
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The Legal Power of an Unwritten Law The Legal Power of an Unwritten Law
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The Concept of Two Torahs and Its Sources The Concept of Two Torahs and Its Sources
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Criticism and Replies Criticism and Replies
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Authority and Its Basis Authority and Its Basis
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Pluralism in Halakha and Majority Pluralism in Halakha and Majority
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Writing Down the Oral Torah Writing Down the Oral Torah
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Conclusion Conclusion
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Notes Notes
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The Theology of Classical Jewish Law: The Written Torah and the Oral Torah—History, Theology, and Authority
Get accessFaculty of Law, Hebrew University of Jerusalem
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Published:23 January 2024
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Abstract
This chapter examines the theological aspects of Classical Jewish Law, focusing on the Written Torah (WT) and the Oral Torah (OT). The WT, Pentateuch, was initially transmitted orally and later written down. In contrast, the definition and content of the OT are less clear. This chapter explores different aspects of the OT, including the prohibition of writing it down andits role as an interpretative background for the WT and as an expression of rabbinic. The chapter delves into the historical origins of the OT, which emerged as a rabbinic response to challenges regarding their authority to interpret the WT. The theological tensions surrounding the divine revelation, prophecy, and the authority to interpret the WT are also explored. The Sages’ claim that the OT was given simultaneously with the WT at Sinai is presented, along with the notion that the OT was gradually revealed through prophets and sages over time. The debate surrounding the need for a hidden and revealed Torah is discussed, along with the Sages’ defense against external and internal criticisms. The chapter concludes by highlighting the Geonim and Maimonides’ differing views on the extent of the OT’s transmission from Sinai and its role in Jewish law. This study sheds light on the theology and authority underlying Classical Jewish Law, contributing to a deeper understanding of the Written and Oral Torahs’ interplay in Jewish tradition.
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