Monday, May 13, 2019

navi prophets - Definition of the Written Law


What are the views of Rishonim and their predecessors regarding the scope of תורה שבכתב, Written Law. This has ramifications for halachos such דברים שבכתב אי אתה רשאי לאומרן ,בעל פה in addition to simply understanding various talmudic dicta about the Written and Oral Laws. Which of the following does it include: Torah, Prophets, Writings?


Rambam seems to write fairly clearly (Laws of Torah Study 1:12) that the Written Law includes Divrei Kabbalah (usually translated as Prophets and Writings)



וְדִבְרֵי קַבָּלָה בִּכְלַל תּוֹרָה שֶׁבִּכְתָב הֵן



However his language elsewhere (Laws of Fast Days 4:7) implies that his usage of "Divrei Kabbalah includes only Prophets; not Writings.



וּמַתְחִיל לְהוֹסִיף שֵׁשׁ בְּרָכוֹת שֶׁהוּא מוֹסִיף זוֹ אַחַר זוֹ. וּמִתְחַנֵּן בְּכָל אַחַת מֵהֶן בְּדִבְרֵי תַּחֲנוּנִים וּפְסוּקִים מִדִּבְרֵי קַבָּלָה וּמִכִּתְבֵי הַקֹּדֶשׁ כְּפִי שֶׁהוּא רָגִיל וְחוֹתֵם בְּכָל אַחַת מֵהֶן בַּחֲתִימוֹת אֵלּוּ




(This inference is noted by the Yeshu'os Malko commentary thereon).


Accordingly, the Written Law would include only Chumash and Neviim-not k'suvim.




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