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        TORAH SHE'B'AL PEH 
         
        Throughout Jewish
        history, a major source of theological dissension within
        the Jewish People concerned the belief in the Torah
        She'b'al Peh, the Oral Torah. The Sadducees and the
        Karaites both challenged its existence. Fundamental,
        though, to Pharisaic/Rabbinic/Orthodox Judaism -
        depending on which term one may wish to use --  is
        the belief in Torah She'b'al Peh,1 also given on
        Sinai with the Torah She'b'ktav, the Written
        Torah. Simply, a distinguishing aspect of Orthodoxy is
        the belief that Revelation did not solely consist of a
        written text but included an accompanying body of Divine
        knowledge to be passed on orally.2 For various reasons,
        even to this day,3 this belief has always been an area of
        great controversy, challenged both within the Jewish
        world and outside of it. 
                In response to
        these many challenges, proofs are often presented, from
        the written text itself, in support of the necessary
        existence of an Oral Torah. These various proof texts
        demonstrate the impossibility of understanding the
        written text without some commentary or explanation.4 The
        problem is that those who opposed Torah She'b'al Peh
        never really negated the necessity of a commentary and
        explanation for the Biblical text or do they necessarily
        reject a reality of an oral tradition. It was, and is,Chazal's,
        the Rabbis', specific understanding of the oral tradition
        that was, and is, under attack...and not without reason.
        Torah She'b'al Peh does not just explain the text. It
        fundamentally redefines Revelation,5  the nature of
        the tradition and the text itself.        
        In technical terms, one usually finds two critiques of
        Chazal's presentation of Torah She'b'al Peh.
        One attack was that the parameters delineated by the
        Rabbinic view of the oral tradition limited possible
        understandings of the Biblical text. Torah She'b'al
        Peh is limiting; its rules and statements, almost by
        definition, reject variant possible meanings of the text.
        In contrast, Karaite commentaries on the text reflect a
        wide tolerance toward different readings of the text; in
        fact, Karaite theology actually called upon each
        individual to find personal understanding and meaning
        within the text. To the Karaite, the only parameters on
        understanding were one's own unique individuality and, of
        course, the text itself. Finding one's own personal
        understanding of the Bible, the Karaites argued, was what
        God wished each person to achieve. The Rabbinic Torah
        She'b'al Peh, with its strict parameters on textual
        analysis and meaning, undermined this. 
               This, however, was
        only a secondary irritant for the Karaites. Another
        problem with Torah She'b'al Peh was that it seemed
        to override the text. While Karaism offered tremendous
        flexibility in the interpretation of the text, it still
        demanded full loyalty to the text. They still demanded
        that the meaning fit the words. An acceptance of Torah
        She'b'al Peh demands of one to understand the text's
        meaning pursuant to Torah She'b'al Peh regardless
        of what the text actually says,. It is Chazal's
        words that are paramount, not the text. 
           An excellent example of this is Bamidbar
        12:1 which describes Miriam and Aharon discussing the
        Cushite woman that Moshe took. Rashi, voicing the
        thoughts of Chazal, states that this reference is
        to Tzipora and concerns Moshe's separation from relations
        with her. This is clearly not the simple reading of the
        text.6 While Chazal;s reading of the text can be
        worked into the text,7 such workings are always a bit
        strained. This is not because these presentations lack
        merit; as can be expected, there is always great wisdom
        in the workings to connect Torah She'b'al Peh to
        Torah She'k'ktav. Powerful insights into the language
        of the text also often emerge. The difficulty is that,
        while usually in textual analysis, the text is paramount,
        an acceptance of Torah She'b'al Peh declares the
        explanation paramount.  In the normative study of
        texts, we read the text and try to explain its meaning.
        In reading Torah She'b'ktav with Torah She'b'al
        Peh, we declare what the meaning is and try to show
        how it fits into the words. Miriam and Aharon are talking
        about Tzipora; the challenge is to figure out how the
        text is conveying this message. And the reality is that,
        without such directive, one would never offer such an
        understanding based solely on the text itself. 
         This is
        precisely the problem for so many people. The text is
        seen as being overridden by the Rabbis; isn't our faith
        in the Divine text and not the human rabbis? Torah
        She'b'al Peh basically declares that our trust must
        ultimately be in the transmission of the thoughts of
        Chazal and not even the text. This, of course, is not
        to say that the origin of the text is not Divine.
        Orthodoxy clearly believes in the Divine origin of the
        text. But what Orthodoxy ultimately is declaring is that
        the understanding of this text, in fact our fundamental
        link to Sinai, is not through the text but the human
        transmission of the Rabbis. The result can perhaps be
        summed up by the famous words of Hillel in T.B.
        Shabbat 31a: "If you are to rely upon me to
        explain the letters to you,  rely upon me as to the
        truth of Torah She'b'al Peh." Ultimately
        truth flows from person to person even in regard to the
        nature of a certain text. The call ofTorah She'b'al
        Peh is to recognize this simple fact and to accept
        the ultimate authority of the human chain of Sinai. 
         The
        acceptance of this principle may, indeed, be daunting. We
        are so immersed in the concept of the Divine origin of
        the Bible that we may be somewhat at odds with a concept
        that challenges the paramount nature of the text. We also
        may find it difficult to accept Divine significance to
        that which may be tainted by human fallibility. Yet, as
        Hillel points out, even the acceptance of Torah
        She'b'ktavsuffers these weaknesses. The text is only
        seen as holy because one was informed as such by another
        person. The authenticity of this text, furthermore, is
        also dependent upon the human diligence extended in
        protecting it. The daunting nature of this principle,
        though, may actually emerge from another concern A
        commitment to a text, while limiting to some extent, also
        presents much freedom of expression. A text cannot
        respond to us, critique us, direct us. To declare the
        human link to Sinai to be paramount is to declare that
        knowledge of tradition most flow through the human being,
        which for any person means his/her teacher. It is a sad
        fact of our generation that we lack in the development of
        therebbi-talmid, teacher-student, relationship. To
        accept Torah She'b'al Peh  demands an
        acceptance of the need for a teacher -- a living human
        being who can relay  the truth of Torah, respond to
        us, critique us, direct us. To accept Torah She'b'al
        Peh means to accept such direction. This indeed can
        be daunting.Rabbi Benjamin Hecht e-mail  
        Notes 
        (1)  While people usually quote
        Rambam's Eighth Principle of Faith (as found in his
        Commentary to the Mishna, Sanhedrin, Perek Chelek,
        Introduction) in regard to the necessary belief in
        Sinai as the source of the Written Torah, Rambam clearly
        includes the Oral Torah in this principle, both in regard
        to its origin and its accuracy, at least in regard to
        matters clearly enunciated at Sinai. 
         (2)  The exact nature of Torah
        She'b'al Peh is a matter of discussion within the
        commentators. See, further, Rabbi Benjamin Hecht,
        Forum: Torah She'b'al Peh, Nishma
        Journal VI. 
         (3) 
        Upon reflection, many of the modern issues between
        Orthodoxy and non-Orthodoxy, in fact, do parallel the
        historical disagreements regarding the relationship of
        the text and the tradition. I thankMichael Schweitzer
        for this insight. 
         (4)  A
        classic example of this is Devarim 12:21. See,
        further,Rashi, Ramban and the comments of Rabbi
        J.H. Hertz. 
         (5) 
        See, for example, Rabbi Benjamin Hecht, The Cloud of
        Revelation, Nishma Introspection 5763-1. 
        . (6)  Even within the
        Rabbinic tradition, see the comments of Rabbi Yosef
        Bechor Shor on this verse. 
         (7)  Rashi, in fact, does do so, to
        some extent. See,  also and perhaps more
        extensively, Rabbi S. R. Hirsch..Further on this
        general point, see Kuzari 3:41 which, in the
        context of a general discussion and critique of Karaism,
        explains how the Rabbinic understanding of the count of 7
        weeks leading up toShavuot fits into the text.
        Bottom line, Orthodoxy also insists that Torah
        She'b'al Peh or the meaning of the text connect with
        Torah She'b'ktav. The question is how. 
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