As the Gemmorah states (Temura 16a), the idea of "Not in Heaven" traces back to Moses' death and Yehoshua was the first asked to use it and he refused, referring to that verse.

Nevertheless, from that time on, many prophecies and writings that served for the Sages as the source of our Halochos were written down.

That seems to contradict. Please help to resolve.

  • Not that many halachos come out of Nach. Most of it is mussar. – Heshy Sep 25 '19 at 16:19
  • @Heshy Why do you say that and how does it help to resolve the question? – Al Berko Sep 25 '19 at 16:21
  • It doesn't. I'd just suggest rephrasing your middle paragraph. The question isn't so much on Nach being written down, but on the fact that we do sometimes learn halacha from it. – Heshy Sep 25 '19 at 16:24

The Gemara (Bava Kamma 2b, as explained by Rashi) seems to agree with you that we can't learn a Torah-level law (דברי תורה) from Prophets and Writings (דברי קבלה), but it clarifies that it is possible to use it to learn גילוי מילתא, to use the Prophets and Writings to clarify what the Torah means. We can't use Prophets and Writings to learn something new is permitted or forbidden, but we can use them (as in this case in the Gemara) to prove that "goring" refers to damage of the horns.

In other cases, we do learn actual laws from Prophets and Writings, such as the laws of Purim which were instituted in the book of Esther. But in these cases we aren't learning Torah law from Prophets and Writings; the laws from there are on the lower level of דברי קבלה. The ability to create laws isn't dependent on the fact that it's written in the Bible; even Chanukka has its laws, just like Purim, despite the fact that its laws aren't instituted by a prophet.

  • Thank you. I also heard that everything that was existing but doubted, could be restored with a prophet unlike what's been completely forgotten. The problem on my side is that I'm not proficient in Nach to test your theory. However, I've got a feeling your theory will not work empirically. – Al Berko Sep 28 '19 at 18:16

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