Written Torah and Oral Torah

In most legal systems, there is a written code of law and an accompany body of regulation that deals with situations not envisaged by the original statutes.

The English Common Law system is a good example. Parliament sets out the Statutes and the Judges develop common law principles and precedents that guide real-life application.

The Torah is structured in a similar way. It too has a written component, being the Pentateuch and establishes a hierarchy of courts of elders for adjudicating real-life situations, by applying the commandments. Over time, a system of rulings, precedents, and principles were developed. This has been captured by the Oral Torah and preserved in the Talmudic writings. The highest court of elders became known as the Sanhedrin in Christ's day.

As time passed, a system of principles were developed to resolve contradictions between different commandments; between commandments and Oral Torah rulings; and between different Oral Torah rulings.

For example, Oral Torah could never abrogate Written Torah. This principle is applied by Jesus in the dispute over Corban and the Commandment to honour one's father and mother (which had come to mean to provide for them in their old age). Another is the principle of preserving life as taking precedence over any other commandment. Jesus applies this principle when healing on the Sabbath. A third principle involves the infrequent taking precedence over the frequent. An example of this is illustrated when Yom Kippur (a fast) falls on a Sabbath (a feast). Since a Sabbath can be celebrated next week then the fast should be observed as it won't roll around for another year. Interestingly this principle was applied in attempting to rebut Jesus over Sabbath healing: "Why couldn't you have done it tomorrow?"

Thus many of the disputes between the Scribes, Pharisees, Sadduccees and other religious leaders can be understood once this framework is grasped.

Unfortunately, the Oral Torah (idiomatically called the "yoke") became elaborate and complex. Rulings were made for almost every part of the minutiae of life. Jesus proclaimed a revisionist view of the Oral Torah (or Halachah), disputing with the Hebrew authorities that its complexity had created a barrier to salvation (Matthew 23.4, 13). This is what he meant in Matthew 11.28. His "Yoke" was light compared to the conventional "Yoke" of the day.

Interestingly, Jesus never disputed the Sanhedrin's right to make rulings (idiomatically called "binding and loosing"), in fact, he encouraged obedience to them (Matthew 23.1-3) but debated with them from within the framework of principles for resolving contradictions between the Commandments and/or Oral Torah rulings.

Thus if we believe in observing the Written Torah and the Written Torah establshes the authority of the hierarchy of courts and the creation of Oral Torah then we have to recognise the authority of Oral Torah. However Jesus' example shows us that we can abrogate the Oral Torah when it contravenes the framework for assessing how or if it should be applied.