The Torah and the Halakhah

The Torah and the Halakhah Synopsis

This is a study of the relationship between two cognate religious components of Judaism, the laws of the Pentateuch and the corpus of Halakhah set forth by the Mishnah-Tosefta-Yerushalmi-Bavli. Both contain normative rules or Halakhah. The four relationships between the Torah and the Halakhah are [1] dependent, the Halakhah simply amplifying the Halakhic topic and proposition of Scripture, [2] autonomous, the Halakhah simply defining its own category-formation and determining the proposition that animates that category-formation, [3] interstitial (in-between) but derivative, and [4] interstitial yet fundamentally original. As to these latter two relationships, in the first of the two, Scripture defines the category-formation and determines the proposition to be explored in that connection. In the second of the two, Scripture supplies the topic, but the Halakhah on its own defines the proposition it wishes to explore in connection with that topic.