[Avodah] min hatorah

[Zvi Lampel]

Maharatz Chiyos deals with this in his Mevo HaTalmud (Chap. 5), and more
extensively in his Toras Neviim, Maamar Divrei Neviim Divrei Kabalah (Chap.
2-3).

 He references the Rambam's Shoresh Sheyni Sefer HaMitzvos, which in turn
cites (San. 22b and M.K. 5a), ''Before Ezekiel came and told us this, who
had stated it?" Maharatz Chiyos explains (translation by R. Jacob Schecter,
''The Students Guide Through The Talmud, Feldheim Publishers, NY 1960),

What they meant was that it was not the prophet who initiated the ruling,
because he indeed has no authority to do so, but he must have been in
possession of a traditional law to which he only gave textual support. In
other words, prophets only recorded halachoth which had already been
received orally as Sinaitic laws, and so revealed nothing new, since those
rulings had been in existence already as oral law.
I have already dealt at length with this category of halachoth in my
Treatise, Torath Nebiim, quoted above. I would only refer the conclusions
reached there, namely, that these rulings which may appear, at first sight,
to have been laid down by the Prophets, were none other than halachoth
transmitted orally from Sinai, for the writing down of which they had
received the necessary divine permission.

*He begins his chapter on Mevo HaTalmud by saying that most matters learned
from Nach have the same status as anything learned from Chumash, based upon
the references you and I have cited, as well as several others. So, it
comes out that Chazal had a kabalah that these matters were in Torah
Shebe-al Peh MiSinai, but knew that they were not indicated in Toras Moshe,
or could not find any such indication. But they pointed out that they found
that they were eventually committed to either explicit or drash-indicated
writing in Nach.*

Zvi Lampel

>
> From: "Rich, Joel"
>
> The Gemara chulin 17b asks "Minayin lbdikat sakin min hatorah" (from where
> do we know that a shechita knife must be checked) and answers with a pasuk
> from navi. I couldn't find another gemara that asks this question and
> answers with a pasuk not from the Torah. Thoughts?
> -------------------------------------------------
> Through a data search I found two more:
> Sanhedrin 91b... minayin l-tchias mesim min haTorah...Shir HaShirim 52:8
> Bechoros 50a...Bikshu lignoz dinarei Hadriana, Tiryna, Shiappa mipnei
> tabah shel Yerushalayim, ad shamatsu lah mikrah min haTorah she-hu
> mutar...Yechezkel 7:22
> And then ''remez min haTorah minayin:
> Moed Kattan 5a...remez letsion kevaros min hatorah minayin...Yechezkel
> 39:15
> Zvi Lampel
> ------------------------------
> And any thoughts on why Chazal would broadly define Torah in this way in
> such limited circumstances?
> KT
> Joel RIch
>
>
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