Sola-Scriptura and Judaism
Thursday, October 15, 2015
This is a response to a Christian who affirms his own ideology of sola-scriptura and asked why Judaism is not based upon the same principle rather follows a legal process called "Oral Law." This is my response that I wrote and decided to share so others will also have this understanding...
The Torah is a product of the Mosaic revelation on Sinai and was subsequently written and edited by scholars and scribes who crafted the 5 book document that we possess today (Genesis-Deuteronomy). This 5 book document is called the Torah, which means Teaching (not Law). The Torah is the fundamental and most important document in Judaism because it is the Constitution of the Jewish people. As a Constitution it lays down the basic outline of the Jewish purpose, identity, it sets up the parameters for legislation, laws related to most every aspect of life, describes the calendar, holidays, agricultural seasons, welfare services, etc.
The Torah is not an exhaustive document rather it is a concise declaration of fundamental principles which were to govern Israelite society. The need for practical application of the Torah's commands was not always evident, especially in unforeseen or changing circumstances. Thus the Torah was interpreted according to the needs of individual cases, various times and locations that the original Torah didn't foresee. Over the many generations spanning thousands of years the legislations surrounding the Torah have become immense and varied. This is closely akin to the political and legislative process of the United States wherein you have a fundamental document called the Constitution and you have legislative branches in the government consisting of local, region and national authorities. These authorities have the varying responsibilities of establishing laws based on a Constitutional interpretation and subsequently imposing and enforcing those laws. Regardless of whether the citizens approve of all of these laws or not is irrelevant because the United States is a Republic and the law always trump personal opinion and preference. Jewish Law is a close parallel to this entire process as it possesses a fundamental Constitution (Torah) and a tradition of legislation of legal interpretation, debate, enactment and enforcement. This process of legal development in Judaism in called Torah Sheba'a'l Peh (Oral Torah).
Many Christians think of Jewish Law as an antiquated "Old Testament" Scriptural code that is no longer relevant but the legal process is very much alive and continues to thrive to this day. Further it must not be thought that the Torah is a Sinai revelation and is now a mere religious story to be interpreted according to one's own interpretation. We don’t open our Bibles and read about the Torah rather we live the Torah as a legal obligation just as Americans live life in obligation to US Law and Customs. In other words, Judaism isn't a religion with a mere Biblical story rather it is a society and community. This is indicative in the term “Halacha” which comes from the root “halach” and means “the manner of something” and in this case is the Jewish way of living Jewishly.
The legal system was developed by Moses in ancient times, even before the revelation of Sinai as it states:
"The next day Moses took his seat to serve as judge for the people, and they stood around him from morning till evening. When his father-in-law saw all that Moses was doing for the people, he said, "What is this you are doing for the people? Why do you alone sit as judge, while all these people stand around you from morning till evening?" Moshe answered him, "Because the people come to me to seek YHVH's will. Whenever they have a dispute, it is brought to me, and I decide between the parties and inform them of YHVH's decrees and laws." (Ex. 18:13-16)
Moses is hearing cases and enacting legislative decrees in a process of legal establishment before the Torah was even received on Mt Sinai. This is an example of the legal process occurring on a fairly primitive level (Moses was the sole authority) before the Torah Constitution was ever received thus we see that the legal process is not entirely dependent on the Torah itself. In the contextual narrative of this verse we see Moses receiving advice from his father-in-law to establish a legislative body consisting of judicial personnel to handle the legal affairs of Israel. Again we are seeing the early formation of Israel's judiciary and it was independent of the Torah.
"If cases come before your courts that are too difficult for you to judge--whether bloodshed, lawsuits or assaults--take them to the place YHVH your Sovereign will choose. Go to the priests, who are Levites, and to the judge who is in office at that time. Inquire of them and they will give you the verdict. You must act according to the decisions they give you at the place YHVH will choose. Be careful to do everything they direct you to do. Act according to the law they teach you and the decisions they give you. Do not turn aside from what they tell you, to the right or to the left. The man who shows contempt for the judge or for the priest who stands ministering there to YHVH your Sovereign must be put to death. You must purge the evil from Israel. All the people will hear and be afraid, and will not be contemptuous again." (Deut. 17:8-13).
In the above verse we clearly see that Israel's judiciary was established and the process of legal enforcement had begun. Like in every other society the rules of society must be complied with by the citizens in order to constrain aberrant behavior and anarchy. Legal enforcement via a penal system is necessary for the recognition of governance. The above verse demonstrates the development of a penal system in ancient Israel which was established to enforce the rulings of the judicial system. Notice- the rulings of the judges are to be enforced not the Torah itself although the Torah is at this time implicit in the judicial process.
The early judicial process in Israel was ordered and governed by 70 judges (dayanim) whose rulings were considered to have Divine authority. This type of governance is a Theocracy wherein the national God is considered the King and the Judges act to bestow God's will. This is a common form of governance in the ancient Near East but invariably it had its problems and abuses. The typical problem of Theocracy is evident from the textual narrative and the people of Israel demanded a revolution. The demands was the establishment of a Monarchy to rule Israel.
"So all the elders of Israel gathered together and came to Shmuel at Ramah. They said to him, "You are old, and your sons do not walk in your ways; now appoint a king to lead us, such as all the other nations have." But when they said, "Give us a king to lead us," this displeased Shmuel; so he prayed to YHVH." (1 Sam 8:4-6)
The amazing thing about the Hebrew Bible is that it was written over such a long span of history thus we see societal evolution happening right before our eyes. For example, societies have evolved from tribalism, feudalism, monarchies, to democracies, etc. Here we are seeing Israel develop from a Theocratic Republic to a Monarchy. This Monarchy would rule for several generations until Israel was defeated and exiled by the Babylonians. During the Babylonian captivity the scribe Ezra re-established the judicial system of 70 Judges (called the Sanhedrin) and upon returning from captivity to Israel the 70 Judges were once again the authority of governance. It should be pointed out that there were two branches of authority- the 70 Judges (Elders) and the Levitical Priesthood. These two branches of ancient Israeli politics were at odds quite often; not unlike the two houses of American governance.
"And you, Nehemiah, in accordance with the wisdom of YHVH, which you possess, appoint magistrates and judges to administer justice to all the people of Trans-Euphrates--all who know the laws of YHVH. And you are to teach any who do not know them. Whoever does not obey the law of YHVH and the law of the king must surely be punished by death, banishment, confiscation of property, or imprisonment. Praise be to YHVH, the God of our fathers, who has put it into the king's heart to bring honor to the House of YHVH in Jerusalem in this way And who has extended his good favor to me before the king and his advisers and all the king's powerful officials. Because the hand of YHVH my God was on me, I took courage and gathered leading men from Israel to go up with me" (Ezra/Nehemiah 7:25-28).
Agree completely. In that back of my mind.... Always seems to questions about the New Testament. Thanks.