An Important Subtlety The Torah says... if a person was tried and convicted of a capital offense (let's say, idolatry), executed and his body was then hung on a post briefly (in compliance with D'varim 21:22) - that we are commanded to bury him without undue delay. Our Sages teach us that we must bury all our dead, without undo delay. Is burial of the dead a Rabbinic law that is inspired by the Torah's command concerning the executed felon? Or is it more? The answer is that it is definitely MORE. The Jewish requirement to bury our dead is Torah Law! Our Sages taught us that it is included in the definition of the Biblical law described above. It is D'Oraita. The Torah says... we may not harness an ox and a donkey together to pull a plow. Our Sages teach us that it is forbidden to pull a circus wagon with an elephant and two giraffes harnessed together (as described in Dr. Seuss' "And To Think That I Saw It On Mulberry Street" - his first children's book, by the way). Is this Rabbinic extension of Torah Law? No, it is not. It is the transmission of the Oral Law that teaches us that ox, donkey, and plowing are all examples, and that the tying together of any two animals for any function is a Torah violation. The Torah says... that a deputy of the Sanhedrin is forbidden to administer an extra lash above the number determined that the one convicted and sentenced to Makot is to receive. Our Sages teach us that it is forbidden for a Jew to strike his fellow Jew. D'Rabbanan? No, D'Oraita. Torah Law. The Talmud contains many, many laws and prohibitions that are D'Rabbanan, of Rabbinic authority. But the Talmud also contains the definitions of the Written Word that are to be transmitted from generation to generation as the Oral Law. Part of our Belief System is that the Torah was given by G-d to the Jewish People at Sinai, and that Moshe Rabeinu, the chief of all prophets, was to teach the people of Israel both the content of the Written Torah and the Oral Law that G-d taught him. That we are to dwell in Sukkot for the seven days of the holiday is part of Torah; so are the minimum and maximum heights of a Sukka. That we may not poach baby goat meat in its own mother's milk is part of the Torah; so is the prohibition of cooking chunks of beef in sheep milk. Belief, trust, confidence in the Oral Tradition and in the Sages throughout the generations who are the links in the Chain of Tradition, is an essential part of our Hashkafa. This applies not only in telling us what to do and what not to do, but in the more subtle area of identifying a Torah Law, Rabbinic Law, Custom, Strict measure, etc. A Jew who is committed to halacha and will not violate a prohibition, for example, regardless of whether it is Torah or Rabbinic in authority, but who does not accept that a particular halacha is Torah Law (when Chazal teach us that it is), is lacking in that commitment. Compliance in deed must be accompanied by a belief and commitment to the principles and concepts of Judaism, as well. It isn't always easy, but it is always challenging. And Elul is a good time to work on improving ourselves, not only in deed - although that is vital - but in thought and attitude, as well. [The Parshat Ki Teitzei Homepage]
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