Oral Law 101

And He Called to Moshe and Hashem spoke to him from the Tent of Assembly saying: (Sefer VaYikra 1:1)

1. Many of the Torah’s commandments are derived from Sefer VaYikra

The Torah is composed of narrative and laws. The narrative begins with the Torah’s account of creation. It continues to describe the lives and experiences of the patriarchs. It describes the oppression of our ancestors in Egypt and their redemption. It provides an account of the Sinai revelation and the sin of the egel – the golden calf. The Torah’s narrative provides a description of Bnai Yisrael’s travels through the wilderness and the beginning of the conquest of the Land of Israel.

In addition to this account of the origins of our people, the Torah provides us with six hundred thirteen commandments. Some of these are presented in a single passage. Others are described in more detail. A large portion of the Torah is devoted to outlining its commandments. Sefer VaYikra is devoted primarily to the Torah’s commandments and includes much less narrative than the other first four books of the Torah.[1] Consequently, it includes more of the Torah’s commandments than any of the Torah’s other books.

2. The unusual volume of midrash on Sefer VaYikra

It is notable that an enormous body of midrash is devoted to Sefer VaYikra. The midrash’s focus on Sefer VaYikra deserves some consideration. Midrash is the term used to describe the commentary on the Torah composed by our early Sages – primarily from the period of the mishnah. This body includes two types of material. One type focuses on either elucidating issues in the narrative portion of the Torah or on homiletic material. The other type is devoted to deriving from the passages of the Torah, laws not explicitly stated in the text. The midrash on Sefer VaYikra is primarily of this second type.

To some extent the unusual volume of midrashic material on Sefer VaYikra is attributable to the amount of mitzvot included in the sefer. In other words, compared to the other books of the Torah, its passages include more laws that require analysis and interpretation. However, a study of the material in the midrash on Sefer VaYikra indicates that there is another issue that contributes to its volume. Its passages and their nuances receive an uncommon amount of attention. In other words, the volume of interpretation associated with the passages is unusual. Why do the passages of Sefer VaYikra receive this extraordinary treatment by the midrash?

3. The Written Law and Oral Law

Rav Naftali Tzvi Yehudah Berlin – Netziv – discusses this issue in the introduction to his commentary on Sefer VaYikra. In order to understand his response, some background is helpful. The Torah includes two components. One component is the Written Law that comprises the five books of the Torah. This material was revealed to Moshe by Hashem and recorded by Moshe exactly as received. However, the Torah also includes the Oral Law.[2] The Oral Law elucidates the written material. It explains how the commandments included in the Written Law are to be performed. For example, the Written Law commands us to observe the festival of Succot by dwelling in a succah. However, the Written Law provides little information on the design and structure of a succah suitable for fulfillment of the commandment. Similarly, we are commanded to not steal. However, the Written Law does not provide clear guidance regarding the line between shrewd business dealings and stealing. Virtually every one of the 613 commandments is presented in the Written Law in concise terms and without the details required for its observance. These details are provided by the Oral Law. The Oral Law provides a detailed description of the design and structure of the succah. It draws the precise line between permitted and prohibited business practices.

4. The sources of the Oral Law

From where is the material that composes the Oral Law derived? There are two sources. Some of the material was actually revealed to Moshe along with the Written Law. However, much of the material was derived by the Sages themselves through their study and analysis of the text of the Written Law. The Sages utilized principles of biblical exegesis to interpret the Torah’s passages. Using these principles they derived many of the laws essential to the performance of the Torah’s commandments. In other words, some elements of the Oral Law are the product of the scholarship of the Sages. Other elements are not derived through exegesis. Instead, this material is known from tradition. It was originally revealed to Moshe by Hashem. Moshe transmitted it to the scholars of the next generation. This process of transmission continued throughout the generations following Moshe.

Netziv explains that the midrash on Sefer VaYikra is composed of material from both of these sources. The midrash includes the Sages’ original interpretations of the passages. According to Netziv, this type of material is not the dominant component of the midrash. Instead, most of the material is from the other source of Written Law. It is material that Moshe received from Hashem and that was transmitted to subsequent generations.

5. The midrash’s treatment of transmitted elements of the Oral Law

Let us understand the novelty of this assertion. As noted above, the midrash on Sefer VaYikra focuses on its passages. It interprets passages and their nuances. Frequently, many interpretations are provided for a single phrase or word. This material seems to represent the Sages’ interpretation of the passages and not the recording of traditions received from generations of students and teachers extending back to Moshe.

Netziv explains that, in fact, the association of an element of the Oral Law with a passage or phrase of the Written Law does not mean that it is derived from the passage or phrase. Instead, very often the element of Oral Law is not derived from the passage but is known through tradition. The Sages are not deriving the law from the passage. They are uncovering a hint or indication of the law within the Written Law. In other words, in some instances, the Sages derive a law from the interpretation of a passage. In other instances, they derive interpretation of a passage from a tradition within the Oral Law.

This means that the material in the midrash that is associated with a passage or phrase does not only include the elements of the Oral Law derived from the passage. Also included are elements of the Oral Law known to the Sages through tradition. The Sages associate this material to the passage though discovering, in the passage, allusions or hints to the material.

6. One passage and multiple meanings

Netziv adds another interesting point. He contends that these two types of material associated with a passage have different relationships to the passage’s meaning and intent. He argues that when the Sages interpret a passage using the principle of exegesis, they are uncovering the passage’s true and full meaning. However, when they discover, in a passage, a hint to a law known from tradition, this hint and its law are not the actual meaning of the passage. They represent a superimposed message that is added to the passage. In other words, the passage has a simple meaning that is determined by the Sages’ interpretation. However, in addition to its simple meaning, the passage also includes hints and allusions superimposed upon its simple meaning.

Overall, the passages of Sefer VaYikra include the enormous body of material that is included in the midrash. The passages are rich in their own meaning and also provide hints and allusions that bridge the Written and Oral Laws.

 

[1] The last book of the Torah – Sefer Devarim – is presented in a different style than the other books. It is primarily composed of Moshe’s final address to the nation. It includes a review of the nation’s experiences over the previous forty years as well as a description of various commandments. These components are woven together to create a charge to the people to be faithful to the Torah.

[2] The Oral Law was originally transmitted by teacher to students as an oral tradition and was not put into written format. Eventually, this method of transmission jeopardized the preservation of the material and it was recorded. This began with the creation of the Mishnah.