10 Point Theory
1. The Torah Contains Procedural Laws
2. The Procedural Laws of the Torah
3. Torah Procedure: Who (Priests & Judges)
4. Torah Procedure: How (Inquiry)
5. What Happened to the Priests and Judges?
6. The Pharisees Change the Procedure
7. The Sanhedrin Emerges
8. Procedural Laws Matter
9. What Did the Pharisees Say About This?
10. Re-Establishing the Torah's Procedural Laws
1. The Torah Contains Procedural Laws
The Torah contains hundreds of laws about worship, festivals and justice.
However, within a legal system, substantive laws such as these are also accompanied by procedural laws.
Substantive Law: 'Don't park on a motorway'Procedural Law: 'Motorway laws can only be made by Parliament'
Procedural laws tell us how the substantive laws must be interpreted, explained, created and applied and who is to carry out these functions.
2. The Procedural Laws of the Torah
Judges and Officers shall you appoint for yourselves in all your gates .. And they shall judge the people with righteous judgment.
If there is a matter too difficult for you to judge .. matters of controversy within your gates, then you shall go to the place which Yehova your Elohei (God) chooses. You shall come to the Priests the Levites and to the Judge that shall be in those days and inquire. They shall declare to you the words of judgment .. According to the tenor of the law (Torah) which they teach you and according to the judgment which they say, you shall do.
And shall come near the Priests, the sons of Levi, for Yehova has chosen them to minister and to bless in the name of Yehova and by their word every controversy and every stroke.
Concerning Levi, Moses said, "He will teach Your judgements to Jacob and Your law to Israel".
And in a controversy, they (the Priests) shall stand to judge; according to My ordinances shall they judge it.
For the lips of a Priest should keep knowledge because he is the messenger of Yehova Almighty and people seek instruction from his mouth.
You shall not add to the word which I am commanding you, nor take away from it.
Everything that I command you, you shall be careful to do. You shall not add to it or take from it.
3. Torah Procedure: Who
3.1. Priests
Priests are to teach the law (Deuteronomy 17:11, Deuteronomy 24:8, Deuteronomy 33:10) and rituals (2 Kings 17:27), consult Yehova to obtain His opinion (1 Chronicles 15:13) and decide every controversy.
The power given to the Priests by the Torah to resolve controversies about Jewish Law is a central element of the IsraelAlia theory.
3.2 Judges
Judges ('Shoftim') are to be appointed over the people (2 Samuel 7-11) to judge with 'righteous judgement' (Deuteronomy 16:18). Judges have a role in interpreting the law. In Exodus 18:16, Moses describes the process as involving, 'making known' the statutes and laws ('Torah') of Yehova.
3.3 Other Officials
For other governance officials mentioned in the Torah, please see:
4. Torah Procedure: How
Inquiry
The people can make an inquiry to the Priests(/and Judges) for a decision (Deuteronomy 17:8-11, Haggai 2:11-13, Malachi 2:7). In Haggai 2:11, the people are to 'ask' the Priests (sha'al). In Deuteronomy 17:9, the people are to come ('bo') to the Priests and inquire ('darash').
Priests have the ability to decide questions of Jewish Law themselves (Deuteronomy 17:8-11), as well as identify the intentions of Yehova; sometimes using the ephod, Exodus 28:29 or/and Urim and Thummim, Exodus 28:30, Deuteronomy 33:8, Nehemiah 7:65, Numbers 27:21, or by casting lots, Nehemiah 10:34.
See also: Genesis 25:22, Exodus 18:15, Samuel 9:9, 1 Kings 22:8, 1 Chronicles 15:13, Jeremiah 21:1-2.
Priests (/and Judges) are to declare sentences of judgment, teach the law and tell the judgements. Once the Priests and Judge state their decision, the people are 'not to turn to the left or the right' (Deuteronomy 17:11).
The people can also inquire by consulting a Prophet or 'Man of God' (such as Moses, Samuel, David and Elijah); see: Officials in the Torah).
5. What Happened to the Priests and Judges?
5.1 They Introduced Secular Philosophies
Priests and Judges had been fulfilling legal functions in ancient times. However, the Priestly system began to break down in approximately 160BC.
The Sadducee Priests started to introduce secular philosophies belonging to their Hellenist aristocratic colleagues.
Although the Pharisee Scholars were not Priests, they were not prepared to let the Sadducee Priests distort the religion by introducing Hellenism.
5.2 Replaced By the Pharisees
When the Sadducean Priesthood eventually fell apart, the Pharisaic Scholars took over management and replaced the Priests in the interpretation, explanation, creation and application of Jewish Law.
The Sadducees and Judges of antiquity disappeared with the passage of time.
The Pharisaic scholarly tradition of interpreting Jewish Law has continued right up to the present day and is known as Orthodox Rabbinic Judaism.
6. The Pharisees Change the Procedure
6.1 Jewish Law Decided by the Pharisees
The Pharisees started to interpret, explain, create and apply Jewish Law, instead of the Priests and Judges.
6.2 The Pharisees Create the 'Oral Torah'
The Pharisees created their own collection of laws, known as the Oral Torah.
The Oral Torah is defined as the collection of laws given to Moses by Yehova verbally on Mount Sinai. However, it's no secret that it mostly contains laws made by the Pharisees. The Rabbinic tradition of deciding Jewish Law has become known as 'Rabbinic Innovation' or 'Takkanot'.
The Oral Torah is often justified as necessary on the basis that we need help interpreting, explaining, creating and applying Jewish Law. A crucial point raised by this theory is, that's exactly what's needed - but it's supposed to be done by the Priests and Judges.
7. The Sanhedrin Emerges
A second form of legal administration then emerged, known as the Sanhedrin.
The Sanhedrin were legal courts/assemblies usually comprised of 71 members during the period of the First and Second Temples.
Some people think the Sanhedrin system was established when Moses gathered 70 elders to help him with the complaints of the Israelites in the desert (Numbers 11:16).
However, contrary to popular opinion, the Sanhedrin is a misreading of Numbers 11:16. The Numbers 11:16 system of legal administration in the wilderness was intended to be a one-off arrangement only; supposed to happen once and not again.
The only parties authorised to make decisions about the difficult questions of Jewish Law are Priests and Judges.
8. Procedural Laws Matter
8.1 Non-Torah Laws are Illegal
The Torah authorises and commands the Priests and Judges to administer the Law of the Torah and expressly forbids any other procedure. This is because of the procedural laws of Deuteronomy 4:2 and Deuteronomy 13:1 (Deuteronomy 12.32 in Christian bibles).
You shall not add to the word which I am commanding you, nor take away from it.
Everything that I command you, you shall be careful to do. You shall not add to it or take from it.
8.2 Non-Torah Principles Distort the Religion
When the wrong people make the law, we end up doing things we are not supposed to.
It's nonsense to suggest we're following Torah by following the Pharisees, when it's clear they took over from the Priests as a fact of political history.
Many religious Jews today are following the Pharisees, without realising the Oral Torah is different to the original Torah.
9. What Did the Pharisees Say About This?
The Pharisaic Scholars considered the provisions of Deuteronomy 17:8-11, as well as Deuteronomy 4:2 and Deuteronomy 13:1. For more on their views, please see:
10. Re-Establishing the Torah's Procedural Laws
The Pharisees took over from the Sadducees because the Sadducees failed to keep Torah. But, this was simply one mistake after another. It's a distortion of the true Torah system that still needs to be put right today.
We need to take another look at some of our basic assumptions about Jewish Law. Significant change is needed.