Examining The Oral Torah

Title: Divrei Soferim
By: Rabbi Hershel Schachter
Koren Publishers

Around the time of Shavuos, when I originally wrote this review, many traditional Jews think about the structure of the Torah they received on this day. This will undoubtably include both the written Torah of the Chumash and the oral Torah of the Talmud. Most Orthodox Jews spend their learning time primarily engaged in the study of the oral Torah. However, a complete understanding of the structure of the oral Torah remains elusive to most. Rabbi Hershel Schachter’s recently work Divrei Soferim clarifies many of these enigmas.

Divrei Soferim begins by dividing what Torah Shebe’al Peh is into five categories: (1) explanations transmitted from Moshe; (2) halachos from Moshe; (3) explanations subsequent generations expound from the Torah itself, using the middos shehaTorah nidreshes bahen; (4) gezeiros (decrees); (5) and takanos (enactments). Categories 1 and 2 are undoubtedly mi’do’Oraysa (biblical) in nature, and categories 4 and 5 have the status of mi’derabban (rabbinic). The bulk of the Gemara deals with the middle category, and Rabbi Schachter quotes a machlokes as to whether the authority vested in these halachos should be viewed as rabbinic or biblical.

The final two categories of rabbinic legislation occupies chapters 4-7 of Divrei Soferim, discussing oft-cited ideas such as Eilu v’eilu divrei Elokim chaim and the sealing of the Talmud. Among the more surprising ideas mentioned is Rambam’s position that certain rabbinic decrees can never be undone even if a future beis din is greater than the beis din that enacted the original decree. Rabbi Schachter explains that Rambam believes that the authority of the rabbis to make safeguards for the Torah originate from the pasuk, “Ushemartem es mishmarti” (Vayikra 18:30). Once the rabbis enact something as a safeguard for the Torah, later generations cannot disagree.

The final chapter of Divrei Soferim also covers the most ground. Here Rabbi Schachter explores the previously mentioned ways Chazal can and cannot learn halachos from the text of the Torah. This chapter supplements R. Yishmael’s thirteen rules of biblical exergies that have become part of the pre-pisukei dezimrah part of davening. Despite their popularity, gematrias have no halachic significance nor do acronyms, he argues. Word counts, which seem similar to gematrias, surprisingly can be used to learn halachos. For each of the seventeen techniques Rav Schachter discusses, he provides several examples.

Following the main text of Divrei Soferim there are three appendices. The first of these addresses the contentious subject of clashes between Chazal and science. While this topic riles up some, Rabbi Schachter presents a thoughtful and source based-discussion for when contemporary medicine should be followed even if it disagrees with statements in the Gemara. The other two appendices look at the unique nature of Moshe’s prophecy and innovation in halacha. In the second of these sections, Rabbi Schachter quotes his rebbe, Rabbi Soloveitchik as stating that Torah is not frozen in place. However, Rabbi Soloveitchik cautions that great care must be taken to ensure any innovation is not tainted by concessions to improper beliefs all too prevalent in modern society. It is not difficult to imagine that those with less academic interests will find the appendices more engaging than the main text of Divrei Soferim.

Despite its somewhat technical subject matter, Divrei Soferim was a fairly easy book to get through. I found many of the questions raised and topics discussed fascinating even if I could not recall all of them several weeks after completing the book. The range of sources is also impressive with even more being added by the editors. While Divrei Soferim is probably not the best book on the Torah Shebe’al Peh for those new to Judaism, all who pick it up will gain insight and understanding into what is undoubtebly the lifeblood of Orthodox Judaism.

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