Understanding Oral Torah: Practical Insights for Today

In our previous article, we explored how the Oral Torah is made of two primary components: Torah commandments (including interpretations by the sages, employing the thirteen hermeneutical principles) and rabbinic commandments ("from the sages").

This final article in the series addresses rabbinic commandments.

These are ordinances and decrees established after the giving of the Torah, enacted by the Sanhedrin and prophets of each generation according to the authority granted to them by the Torah to strengthen its observance.

The Torah instructs us to create safeguards for its preservation: "And you shall keep My charge" (Leviticus 18:30), from which the sages learned: "Make a safeguard for My charge" (Yevamot 21a).

Similarly, the Torah not only prohibits forbidden relationships but also demands distancing from them: "You shall not come near to uncover nakedness, I am Hashem" (Leviticus 18:6), "And no nakedness of a thing shall be seen among you" (Deuteronomy 23:15), "Keep your way far from her and do not go near the door of her house" (Proverbs 5:8). The Torah prohibits idol worship and also requires its distance from our homes: "And you shall not bring an abomination into your house" (Deuteronomy 7:26).

We find testimony in the Tanach for ordinances enacted by the elders. For example, in Ezra, we find ordinances established by Ezra the Scribe during the return to Zion, such as regular public readings of the Torah. The enactment of the Megillah reading by Mordechai is well known—these are ordinances from the sages, hence named "rabbinic commandments".

Further examples include Nehemiah's command to close the gates of Jerusalem on Shabbat (Nehemiah 10:32) to prevent merchants from entering. Prophet Amos criticizes those eager to trade on Shabbat (Amos 8:4). The prohibition of commerce on Shabbat is a tradition of the sages and is not explicitly written in the Torah. Prophet Isaiah exhorts the people even to ensure their speech and demeanor honor Shabbat (Isaiah 58:13).

Daniel prayed three times a day facing Jerusalem (Daniel 6:11), showcasing yet another tradition of the sages referred to in the Tanach.

Mourning practices are another tradition of the sages seen throughout the Tanach (detailed example: Ezekiel 24:16).

We term all these ordinances and customs established by the sages as "rabbinic commandments," including Kiddush and Havdalah, the prohibition of mixing poultry with milk, and more (halachically also called "the words of the scribes").

There are seven commandments established by the sages: A. Reciting Hallel (enacted during the prophets' era), B. Reading the Megillah (enacted in the time of Mordechai and Esther), C. Laws of Eruvin (enacted by King Solomon), D. Blessings (the phrasing of blessings and prayers was established by the Men of the Great Assembly), E. Lighting Shabbat candles (enacted during the Tannaim), F. Lighting Chanukah candles (enacted by the sages during the Hasmonean period), G. Hand washing (enacted during the Tannaim).

Rabbis' ordinances aren't adding to commandments:

It's crucial to clarify that rabbinical ordinances are not considered additions to the 613 Torah commandments, not only because the Torah itself authorized them to do so, but also because their enactments were not included in the 613 commandments (otherwise, we would have far more than 613 commandments). Consequently, they do not carry the Torah punishments (such as prohibition, spiritual excision, and the four death penalties of the court).

I heard Rabbi Mordechai Neugershal compare it to home renovations: you wouldn't request a municipal permit to add a new refrigerator to your home because a refrigerator is not a room in the building. Similarly, rabbinic commandments are not additions to Torah commandments because they are not added to the Torah text, nor do they carry Torah's punishments. After all, any child educated in Torah can say "this is a Torah commandment," "this is a rabbinic commandment." We learn what was given in the Torah and what the sages enacted over generations.

This highlights a critical point: although there is a distinction between Torah commandments and rabbinic commandments, violating the rabbinical decrees still constitutes going against Hashem's will, for He commanded in His Torah to heed His sages. The Torah instructs us to listen to the elders of the generation: "Ask your father and he will tell you, your elders and they will inform you" (Deuteronomy 32:7). An obligation stated for every generation: "And you shall come to the priests and Levites and to the judge who will be in those days, and you shall inquire, and they will tell you the verdict" (Deuteronomy 17:8-9), from which the sages learned: "To the judge who will be in those days - you are only obliged to follow the court of your time" (Mishnah Edayot 1:5).

The Torah uses strong language regarding the obligation to heed the sages, not deviating from their words "right or left": "According to the Torah they will instruct you and the judgment they tell you to do - do not turn from what they tell you right or left" (Deuteronomy 17:11).

King Solomon said: "He who breaches a fence will be bitten by a snake" (Ecclesiastes 10:8). Neglecting "rabbinic commandments" opens a path to falling in all Torah commandments since Hashem appointed these leaders to guide the people on how to fulfill His Torah appropriately in every generation. Those who do not heed the leaders' instructions are as if they do not listen to the king's commandments! Thus, some halachic opinions hold that violating rabbinic decrees is a breach of a Torah prohibition, according to the verse: "do not turn" (Deuteronomy 17:11).

Rabbi Akiva was in great distress imprisoned, and even without enough water to drink, he meticulously observed the rabbinic commandment of hand washing, saying: "I'd rather die of thirst than neglect the wisdom of my peers (the sages of the generation)" (Eruvin 21b). Even though this law was not his own opinion, Rabbi Akiva subordinated his viewpoint to the majority ruling of his generation's sages, even risking his life.

Rabbi Yossi stated in the Talmud: "I have never transgressed the words of my peers (the Tannaim). I know I'm not a priest, yet if my peers told me to ascend to the platform, I would" (Shabbat 118b). They were so careful to heed the sages' commandments in any situation. (Say to yourself: even if I don’t understand the reason for any halacha fixed by the sages, I am ready and willing to observe rabbinic commandments as the will of Hashem!).

Conclusion:

In summary, the Oral Torah, comprised of Torah commandments and rabbinic commandments, is documented in the six orders of the Mishnah and the Talmud that elucidates the Mishnah. Addressing your initial question, indeed, the Mishnah and Gemara contain all of the Oral Torah; some parts are halachot given to Moses at Sinai, some are based on the thirteen hermeneutical principles, and some are the decrees of prophets and sages in accordance with the Torah's will. The Gemara examines each ruling in the Mishnah, detailing and explaining its origin.