Is the Oral Law Real?

August 29, 2021 - 22 Elul 5780

Is the Oral Law real? This a question that many Jews and Gentiles alike struggle with. This post attempts to clarify this issue with a few sources from the Torah:

1. Exodus 18:13-22
2. Leviticus 26:46
3. Deuteronomy 17:8-11
4. Nechemiah 13:15-22
5. Isaiah 56:2

Exodus 18:13-22

The first is Exodus 18:13-22, against the background of Yisro's (Jethro's) advice to Moshe to set up minor courts.

Here we see that Moses is being overwhelmed by the sheer volume of cases that he has to hear. If all of the information required for applying the laws of the Torah were written in the Torah, it should not have been so difficult for Moses to hear every case. And if we want to say that Moses was overwhelmed with the sheer volume of cases pertaining to the Written Torah, note that Moses says, "I make known the statutes of God and His teachings." Why does he have to make them known if they were already publicly revealed and written in the Torah? This is a reference to details in the Oral Law.    

Leviticus 26:46

The second comes from Leviticus 26:46, stating, "These are the statutes, the ordinances, and the laws that the Lord gave between Himself and the children of Israel on Mount Sinai, by the hand of Moses." The different terms used to describe laws indicates both the oral and written aspects of the Torah.

Rashi explains that, "the (plural world) laws: וְהַתּוֹרוֹת... denotes two Torahs -] one Written Torah and one Oral Torah. It teaches us that all were given to Moses on [Mount] Sinai. — [Torath Kohanim 26:54]."    

Deuteronomy 17:8-11

The third comes from Deuteronomy 17:8-11 where God tells the Jews to accept the authority of the Rabbi's. Rabbinic legislation is be followed as if it were given by God. This is not per se the Oral Law, as in the oral component of the Torah, but rather a reference to Rabbinic legislation that can be appended onto, and included in, Torah observance when the Rabbi's feel it is necessary and applicable.

Nechemiah 13:15-22

The fourth comes from Nechemiah 13:15-22, where the prophet Nechemiah sets up safeguards to prevent a group of Jews from violating the Sabbath by buying and selling on the Sabbath. Note that none of the things this group of was doing are mentioned by the Torah as Sabbath prohibitions. If so, why does Nechemiah say that they are "profaning the Sabbath day?" The answer is that he was referring to the Oral Law.

Isaiah 56:2

The fifth comes from Isaiah 58:13-14, which says, "If you restrain your foot because of the Sabbath, from performing your affairs on My holy day, and you call the Sabbath a delight..."

While Isaiah's reference to avoid profaning the Sabbath describes the actual negative prohibition of doing melocho (prohibited activities), it as well refers to the positive aspect, and the proper spirit, of Shabbos, "If you restrain your foot because of the Sabbath, from performing your affairs on My holy day, and you call the Sabbath a delight, the holy of the Lord honored, and you honor it by not doing your wonted ways, by not pursuing your affairs and speaking words."

This beautiful passage is the main part of the Kiddush used to welcome the Shabbos into our homes during the night.