Hot answers tagged oral-torah
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This question is dealt with at great length in the Sefer "The 13 Principles of Faith" (Gutnick edition) by Rabbi Chaim Miller in the Eighth Principle, Lesson Seven, based on the teaching of the Lubavitcher Rebbe.
He summarizes the chapter as follows:
The Sanhedrin of each generation was authorized to overrule any of the derived laws of the previous ...
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See Yerushalmi Peah Perek 2 Halacha 4, Shmos Rabbah Begining Parsha 47, Vayikrah Rabbah Begining Parsha 22 where it says that it was all said to Moshe at Har Sinai.
ריב"ל אמר עליהם ועליהם כל ככל דברים הדברים מקרא משנה תלמוד ואגדה אפי' מה שתלמיד ותיק עתיד להורות לפני רבו כבר נאמר למשה בסיני
For a lot on this subject please see this and the following pages
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The Rambam, towards the end of his commentary to Sanhedrin 10:1, explicitly mentions the oral Torah.
... Similarly, the transmitted explanation of the Torah was also received from G-d. This is what we do nowadays with the forms of the sukah, lulav, shofar, tzitzis, tefilin, etc., which are the exact same forms that G-d gave to Mosheh. ...
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I'm not sure if this is precisely what you mean, but the oldest rabbinic text (so old in fact that it's perhaps better described as proto-rabbinic) is Megillat Taanit. It comprises a list of dates on which it is forbidden to fast, or on which it is forbidden to recite a eulogy. There is an accompanying text that scholars term the scholion, which serves as a ...
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One might ask: if, as we established in Chapter One, all the basic
explanations if the laws of the Torah were received from Moses, (the
general wording of the laws {written in the Torah} and also the
particulars and details of all the laws of the entire Torah were
spoken on Sinai- the Tora Kohanim, B'har) then what is that special
class of laws ...
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According to Shu"t Min HaShamayim 3, the question of whether Rashi tefilin or Rabbeinu Tam tefilin is correct is a dispute between G-d and the yeshivah shel maalah. Therefore, when Mosheh got the mesorah from G-d, he only got one opinion.
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I have heard this, and not just in Chassidic circles. However I cannot give you an actual source for it, as I have never found it written in a sefer, though I typically don't read Chassidic Sichot or some of the more radical and odd Midrashim. However here is a video that lays out fairly well the logic of both sides of the debate while being a bit comical. ...
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I realise that this won't fully answer your question, but until somebody with experience of Samaritans weighs in, I can tell you that both Jews and Samaritans determine the agricultural year from the seventh month and not the first. This means that, unlike various other festivals, Jews and Samaritans "celebrate" the Shemittah year at the same time, and ...
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כופר בתורה שבעל פה does not mean that he denies the theoretical existence of any תורה שבע"פ but that he denies the actual תורה שבע"פ in our possession--so if someone denies the authentic תורה שבע"פ he would fall under that category. Furthermore, such a person would be included under the category of מכחיש מגידיה as someone who denies the reliability of the ...
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What I'm confused about is the stretch from simply saying it whenever you go to bed to this whole concern of deciding what time is appropriate to do so every day. ... Do you think this interest with times is a 'fence' measure to make sure an original (oral) Torah law to say Shema is kept, similarly to the statement in the mishnah about why the sages said ...
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The answer to your questions lies in understanding what the Oral Torah is. It is not just fences and interpretations of the rabbis, but it was given together with the written Torah at Sinai as Rambam states in the Beginning of his Introduction to Mishne Torah:
All the commandments that were given to Moshe at Sinai were given together with their ...
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The laws could have been forgotten. 3,000 (!) halachos were lost in the time of the mourning for Mosheh (Rashi, Yehoshua 1:2). However, the only disputes were in matters of logic, but not in tradition (Tosfos Yom Tov, Avos 1:4).
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