PARTNERS IN CREATING THE TORAH
When HaShem created His universe He created it with two distinct sets of laws. The laws governing all physical matter we call nature with its many various branches of physics, chemistry, biology, astronomy, mathematics, etc. The laws governing Man and his behavior we call Torah. Both nature and her respective laws and Torah are the expression of HaShem’s Will.
Just as all members of nature are bound to her laws with no exception, similarly all members of HaShem’s people are bound to the laws of the Torah with no exception.
There is however a distinction between these two sets of laws. The former has been established and not subject to any change whatsoever. With respect to the Torah, HaShem handed it over to the Jewish people for them to establish, as follows.
The Torah consists of the Written Law and the Oral Law. The Oral Law contains almost all of the details of laws plus a set of methods by which to interpret the Written Law. This means that by use of the methods of interpretations, the Torah can be expanded beyond where it was originally given to Moshe.
Our Parsha teaches us that when we have a question about what the Torah Law is regarding a certain circumstance we must take to the local court. If the local court does not know the answer they take it to a higher court. If the higher court cannot answer, it is ultimately taken to the highest court which sits alongside the Beis Hamikdosh.
At the highest court the judges discuss the case. They look for parallel cases that the Torah addresses. After much debate the judges reach a decision by either using a principle that they have in their tradition regarding this case or a parallel case, or they will use one of the methods of interpreting the Torah which are defined in the Oral Torah as we mentioned. Once they reach a decision which is accepted by the majority members of the court, that becomes the law. That law which was decided by those judges now becomes Torah Law. It becomes just as authoritative as the Ten Commandments!
Rambam teaches us that this authority is not limited to using the methods of interpretations. If the high court recognizes the need to establish a new law for the sake of protecting a Torah law it may legislate accordingly and their legislation becomes Torah Law! We are bound to those safeguards with the same commitment as we are to the Ten Commandments. So even though the laws of muktzah are Rabbinic in origin, they command the same adherence as the 39 forms of melacha.
Behold! HaShem endowed Chazal, our Sages, with the authority to dictate what shall become Torah!
While it is certainly true that when there is a conflict between the various laws, the Torah originated laws take precedence over the Rabbinic originated laws, nevertheless, when the laws are not in conflict they command the same authority.
The schisms in Yiddishkeit that have occurred throughout our history have often begun with the rejection of the authority the Torah grants Chazal. That is so often the first faultline upon which such groups begin their drift away from our people.
As we draw closer to the Yomim Noraim, the days when we reaffirm our loyalty to HaShem and to His Torah, our Parsha highlights the entire width and breadth of Torah’s reach within our every detail of life. From the specific 613 mitzvos to all the fine nuances which Chazal have instructed and directed us.
Have a wonderful Shabbos.
Paysach Diskind