When I began my journey into Judaism many years ago I was skeptical of the so-called “Oral Law” or “Oral Torah.” However, as I plunged head first into my life as a soon-to-be Jew I began to take on the idea of the binding nature of the Oral Law. This was a major reason why I changed my conversion path from Reform to Conservative Judaism. After being steeped in Conservative Judaism for a number of years I began to have my doubts about the Oral Law. I eventually came to the conclusion that not only was there never and Oral Law from Sinai but it is also not binding upon any Jew.
So what is the Oral Law? Well, that depends upon who you talk to within the Jewish world. Since the Oral Law is considered binding by all Orthodox Jews I will stick to the definitions coming from that world. There are generally three various answers one will receive from Orthodox Jews:
- The traditional belief is that the Oral Law (specifically the Mishnah) was given directly from God to Moses. It is of a holy origin and cannot be changed, modified, or dismissed. (What is the Oral Torah?)
- The Oral Law is made up of only a few mitzvot that were given to Moses by God at Mount Sinai. This is the position of those who follow Rambam – although, the more honest brokers will also admit that this is only a tradition. (Judaism’s Oral Law)
- The Oral Law is made up of the instructions given to people throughout the Torah as well as the traditions and judgments of the Sanhedrin. These rulings make up the Mishnah and became part of the Talmud and other commentaries such as the Shulkhan Arukh and Misnah Torah. (Understanding Judaism – Part 1: Oral Torah)
So, as can be seen, even amongst the Orthodox there is no one definition of the Oral Law. The only thing that holds these three disparate definitions together is the idea that no matter where the Oral Law originated it is binding upon all Jews.
I. There is no actual proof for any Oral Law.
There are many who try and bring proof-texts from the Tanakh but I have already written about these so-called proofs:
Refuting the “Oral Law” – Exegesis and Grammar
Refuting the “Oral Law” – Instructions and Judgment
Refuting the “Oral Law” – Martyrdom and Offerings
Refuting the “Oral Law” – Egypt and Tamei/Tahor
Refuting the “Oral Law” – Calendar and Textual
Refuting the “Oral Law” – Slaughter and Fat
Refuting the “Oral Law” – Birds and Shabbat
Refuting the “Oral Law” – Legal System and Inheritance
Refuting the “Oral Law” – Circumcision and Tzitzit
Refuting the “Oral Law” – Sukkah and Punishment
Refuting the “Oral Law” – Rambam (Part 1)
Refuting the “Oral Law” – Rambam (Part 2)
Refuting the “Oral Law” – Rambam (Part 3)
Refuting the “Oral Law” – Rambam (Part 4)
II. There are very specific passages in the Tanakh that explicitly state that there never was an Oral Law – only the Written Torah.
And Moses wrote all the words of the Eternal One, and rose up early in the morning, and built an altar under the mount, and twelve pillars, according to the twelve tribes of Israel. (Exodus 24:4)
And the Eternal One said unto Moses: ‘Come up to Me into the mount and be there; and I will give you the tables of stone, and the law and the commandment, which I have written, that you may teach them.’ (Exodus 24:12)
And the Eternal One said unto Moses: ‘Write these words, for after the tenor of these words I have made a covenant with you and with Israel.’ (Exodus 34:27)
And Moses wrote this law, and delivered it unto the priests the sons of Levi, that bore the ark of the covenant of the Eternal One, and unto all the elders of Israel. And Moses commanded them, saying: ‘At the end of every seven years, in the set time of the year of release, in the feast of tabernacles, when all Israel has come to appear before the Eternal One your God in the place which He shall choose, you shall read this law before all Israel in their hearing. (Deuteronomy 31:9-11)
Take this book of the law, and put it by the side of the ark of the covenant of the Eternal One your God, that it may be there for a witness against you. (Deuteronomy 31:26)
This book of the law shall not depart out of your mouth, but you shall meditate therein day and night, that you may observe to do according to all that is written therein; for then you shall make your ways prosperous, and then you shall have good success. (Joshua 1:8)
And afterward he read all the words of the law, the blessing and the curse, according to all that is written in the book of the law. There was not a word of all that Moses commanded, which Joshua read not before all the assembly of Israel, and the women, and the little ones, and the strangers that walked among them. (Joshua 8:34-35)
III. Not even the Written Torah was remembered during the time of King Josiah.
The Written Torah had been lost and forgotten – how much more so for any kind of “Oral Law?”
And Hilkiah the high priest said unto Shaphan the scribe: ‘I have found the book of the Law in the house of the Eternal One.’ And Hilkiah delivered the book to Shaphan, and he read it. (II Kings 22:8)
At this time the Israelites did not know how to keep Passover because the Written Torah had been lost. If there was a continuous Oral Law how could the people have not known how to celebrate Passover even if the Written Torah was lost?
And the king commanded all the people, saying: ‘Keep the Passover unto the Eternal One your God, as it is written in this book of the covenant.’ For there was not kept such a Passover from the days of the judges that judged Israel, nor in all the days of the kings of Israel, nor of the kings of Judah; but in the eighteenth year of king Josiah was this Passover kept to the Eternal One in Jerusalem. (II Kings 23:21-23)
IV. The Karaite Bible commentator, Salmon ben Yeruham, wrote a devastating criticism of Rabbanite Judaism in his book “The Book of the Wars of YHWH”.
Salmon directed his polemic against Rabbanism in general and the Rabbanite leader Rav Sa’adiah Gaon) in particular. He made four charges against the Rabbanites regarding the Oral Law which have yet to be completely answered.1
The Holy One has given you an oral Law,
So that you would recite it orally,
For, say you, He had deemed it, in His wisdom, a laudable command.
Why, then, did you write it down in ornate script?
Had the Merciful One wished to write it down,
He would have had it written down by Moses.
Now did He not give it to you to be studied orally,
And had He not ordained it not to be inscribed in a book?
Yet they altered God’s alleged words and wrote it down,
And instead of studying it orally they transferred it into writing.
How, then, can their words be believed, seeing that they have offended grievously?
They cannot withdraw from his contradictory path.
They wrote down both Laws, thus contemning the commandment of the Almighty.
Where, then, is the oral Law in which they place their trust?
Their words have become void and meaningless,
And out of their own mouths have they testified that they have drawn God’s wrath upon themselves.
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1Nehemia Gordon. “Karaism vs. Rabbanism: In the Writings of Salmon ben Yeruham.” karaite-korder.org, Karaite Korner, n.d. [http://www.karaite-korner.org/salmon_ben_yeruham.shtml]