Exam Study Guide: Authority of Sages

Flashcards reviewing the authority of sages, oral law, and lifnim mishurat hadin, based on lecture notes.

What is the source of Rabbinic authority in the Torah?

Devarim 17:8-11; The Torah tells us to listen to the Rabbis.

What are some important concepts/implications of Rabbinic authority?

Rabbis have the authority and obligation to interpret the Torah and apply this law; The Torah itself commands us to listen to their rulings and comments.

What is the Oral Law?

The interpretation and explanation of the written Torah; Adds Oral traditions that are not in the Torah at all

What is the importance of the Oral Law?

Without it, there is no Judaism as the Oral Torah explains and clarifies everything because the Torah is vague and ambiguous.

The Mishnah

Written compiled by Rabbi Yehudah HaNasi around 200 CE to prevent oral torah from being forgotten.

The Talmud

Mishnah + Gemara. The Gemara is written Aramaic and explains the Mishnah.

Example in the Torah for need for oral law

Laws of slaughtering animals “as I commanded you” but command is nowhere written

Why was the Torah meant to be an Oral system?

Texts need to be interpreted and explained; Dynamic and flexible responding to new situations; Develop relationship with teachers; Uniqueness of Jewish people.

Why was the Oral Law eventually written down?

Exile – no longer viable; Impossible to remember; Fear of being forgotten; Role of Rabbi Yehuda Hanassi.

What does 'Torah' refer to according to Exodus 24:12?

Written Law

What does 'MItzvah' refer to according to Exodus 24:12?

Interpretation (Oral Law)

What are the 3 categories of Torah law?

Torah sh’bektav (The text of the Torah); Oral Tradition (Halacha leMoshe MiSinai); Interpretation by the Sages (Drashot).

What are the 3 categories of Rabbinic Law? (KGM)

Takkanot; Gezerot; Minhag.

Takkanot

New laws introduced by the Sages to enhance Jewish practice.

Gezerot

Safeguards to prevent Torah violations.

Minhag

Custom or tradition

The story of Tanur Shel Achnai

The debate over the status of the oven Rabbis had a debate over whether an oven was Kosher if you cook Kosher food in a non-Kosher oven.

According to the story of Tanur Shel Achnai, what does this teach us about the nature of Torah?

We decide the Torah and we don’t care what you say because once God gave us the Torah, only man can interpret it.

What proofs did Rabbi Eliezer bring in the case of Tanur shel Achnai to demonstrate that he was correct?

The trees will move; The water will flow backwards; The walls will cave in; A voice from heaven would come out and say it.

Why did the Rabbis reject Rabbi Eleizer's proofs from heaven?

They rejected this because the Torah is no longer in heaven, only man can interpret the torah now.

History of the Oral Law

Moses got the Oral Torah at Sinai → Joshua → elders → prophets → Men of Great Assembly

Order of Rabbinic Groups (A.T.A.M.G.R.A)

Anshei Knesset Hagedolah; Tanaim; Amoraim; Mesadrim; Geonim; Rishonim; Achronim.

Anshei Knesset Hagedolah

Aftermath of the destruction of the Second Temple; Established basic patterns of ritual life still in practice.

Who were Anshei Knesset Hagedolah and what were their accomplishments?

Beginnings of the development of the Oral Law; Implemented 5 major customs we still do today.

Zugot (Pairs)

5 generations of leadership by 2 figures; the Nassi (President) and the Av Beit Din (head of Supreme Court); Culminating in Hillel and Shammai (ending 1st century BCE).

Tanaim (teachers)

Rabbis of the Mishna; 6 generations and compiled, final editing in year 220CE (yehuda).

What are the six orders of the Mishnah? (Zman Nakat)

Zeraim (seeds); Moed (Meeting place time); Nashim (women); Nezikin (damages); Kodashim (Holiness); Taharot (Purity).

Amoraim (To say, teach)

Rabbis of the Gemara 220- 499 CE

The Mesadrim

Post holocaust state of Israel.

The Geonim

7th - 11th century Bavel; Established Talmud as most important book of Judaism; Fought the Karaites.

The Rishonim

11- mid 16th century; Wrote major commentaries on Torah and Talmud; Centres of Jewish life in Ashkenazi and Sepharad.

The Achronim

Mid 16th century 20th century; Rav Yosef Karo and Shulchan Aruch

Lifnim Mishurat hadin (LMD) - (Devarim 6:18)

You shall diligently keep the commandments of the Lord your God, and His testimonies and His statues, which He hath commanded thee. And thou shalt do that which is right and good in the sight of the Lord

What does וטוב הישר mean?

Rashi's explanation: To act with compromise and kindness. Rambans view: Do the straight and the good follow the laws of the torah.

Importance of Lifnim Mishurat hadin (LMD)

Jerusalem was destroyed because people followed the laws of the Torah; Society can’t exist if people always insist on legal rights

3 levels of Lifnim Mesurat hadin

When others are obligated but you are exempt; when no one is obligated; when it costs you money.

Why does Netziv refer to Breisheet as Sefer Hayashar (the book of the straight)?

The avot acted with integrity not just legality; Yeshar means relationship with other people; Getting along with people even if you don't like them.

What is Tzadik?

relationship between man and God

What is Yashar?

Relationship between man and man

Law of Bar Metzra

A potential buyer's right to have the first opportunity to buy, at a specified price, within a specified period of time; Relates to an “adjoining property holder”.

3 Exceptions to the Law of Bar Metzra

A man whose brother died without children and is obligated to marry his deceased brother’s widow; A person who bought land along the boundary of the father’s property; If the land is not equal in value and the brothers can prove it

In the case of dividing a father’s estate, what is the outcome of the the debate between Rava and Rav Yosef

The law follows Rav Yosef: You are not required to take financial loss to be “nice” or generous.

Case 1: When dividing a father’s estate, which portion does the Yevam get if they are marrying their brother’s widow?

The halakha dictates he receives his brother’s portion of their father’s estate in addition to his own.

Case 2: Briefly describe The Wine Porter Case (Bava Metzia)

Porters accidentally broke Rabah's barrel of wine and so Rabah took their cloaks as payment for the damage

Case 2: What is the outcome of The Wine Porter Case (Bava Metzia)?

Strict law might not require returning the clocks or paying wages after negligence; But rav rules based on ethical behaviour and fairness

Case 3: How do we know from the verse below that G-d Prays?

The verse says “the house of My prayer” not “their prayer.” This implies that God Himself prays; Asks to be compassionate to Israel, acting beyond strict justice (lifnim meshura hadin).

Case 3: In regards to the story that God prays, what is the problem with Rav Yochanan statement that Jerusalem was destroyed because they followed the law?

Following the law should be positive, so his statement seems harsh or contradictory; The people did follow the law, but they failed to go beyond the law with mercy and kindness (lifnim meshura hadin).

Case 4: What are the obligations of a shomer chinam (unpaid watchman)?

Take reasonable care of the item, like their own property; Liable only if negligent or careless

Case 4: In the case of the Missing Jewelry, what is the outcome once the jewels are found?

The jewels go back to the original owner; The house is returned to the bailee

Case 4: In the case of the Missing Jewelry, how does this outcome fit with Midat Sedom?

Courts enforce ethical fairness beyond contract terms

Views regarding returning seized property (shuma hadar) i.e. collateral

Property repossessed as collateral can be returned to the debtor if they repay the debt; Holds that repossessed property can always be returned as long as the debtor repays the debt, with no time limit.

Case 5: Why and how did RAVINA compare “the sly (many times married) woman”

Ravina thought it was the same as the mishnah

Case 5: In The Rented Mill and the Sly Woman, what is the outcome?

If the renter has no other business (the mill will sit idle without the owner’s grain), the original deal stands; If the renter can profit by grinding for others, but still refuses to pay cash rent: the court forces him to pay money

Case 8: How does is fit with principle of “the right and the good?” or Midat Sedom

Opposes midat sdom. Squatter needs to pay rent.

Case 8: Zeh neheneh vzeh lo chaser

This one derives benefit and that one does not suffer a loss

שבכתב תורה

Written Torah or Written Law (The Hebrew Bible or Tanakh)

פה שבעל תורה

Oral Torah or Oral Law (Explanations of / additions to the Written Torah)

משנה

Mishnah (Rabbinic discussions that took place in Israel and that were compiled by Rabbi Yehudah HaNasi around 200 CE.

גמרא

Gemara (The records of the Amoraic debates and discussions on the Mishnah that took place in Israel and Babylonia Mishnah + Gemara = Talmud)

משורת לפנים

Beyond the requirements of the (Good behaviour that is recommended)

מצרא בר

Adjoining Property Owner (Has the right of first refusal to buy a neighbour’s property, and the right to evict another buyer if not given the chance.)

יאוש

Despair or Giving up on something (One's ownership of lost property ceases when it is apparent that one has concluded that the property will never be recovered

סדום מידת

Sodomite conduct (Extreme selfishness associated with the cruel inhabitants of the city of Sodom. Rabbinic judges can force Jews to not act in this way.)

והטוב הישר

The rabbinic principle of doing what is “right and good” even if the law doesn’t specifically require it

מחלוקת

Dispute/Disagreement A rabbinical dispute regarding a case in the Talmud