Galut Talmudic Scholarship
Galut talmudic scholarship tends to divorce primary sources with secondary sources. An even worse mistake, besides not catching the 1st mistake, is confusing primary source with secondary sources. An even worse mistake, besides not catching the 2nd mistake, "believing" the secondary sources or even tertiary sources have equality or even worse superiority over primary sources. This last error is when "believers" make their own religion. There's allot of religion in the world, which only proves how many people have allowed themselves to embrace this טומאה/vile filth.
Talmud 101: What style does the Mishneh consistently employ?
What style does the gemarah consistently employ?
Why does the gemarah employ a different style than does the mishneh? Answer: Case/Rule and Difficulty/Response are 2 sides of the same coin. The system employed by the Mishneh constitutes as a common law approach. The system employed by the Gemarah brings events, be they halachic or aggadic, that a scholar can place the language of Rabbi HaNasi? into context of a given event. Hence when when the gemarah raises a "difficulty" to a given event, it in effect is challenging the given event as being a valid precedent; and when the gemarah gives a response this answer attempts to logically prove that the challenged event in fact does constitute as a valid precedent.
As the galut of europe became ever darker and more harsh Jewish scholars relied on pilpul style of learning to the point of excluding all other methods of Talmudic scholarship.
In 1948 a revolution occurred and an independent Jewish state arose from the grave yards of europe. The Bnai Noach movement that's starting to spout in this generation qualifies as a consequence of an independent Jewish ruler-ship within a portion of the boundaries of the lands of Israel.
To understand halacha its not enough to quote from some halachic code like a parrot. Each generation requires its poskim, because the realities that each generation must address have unique qualities. That I'm writing a response on a web-page constitutes as a very valid example. My parents did not know what a computer was, much less did they possess the opportunity to employ a computer to communicate around the world. Contrast our generation with that of the reshonim. These great scholars lived in the dark ages, barbarianism was the given of the day; populations were incredibly small, cities were tiny and far from one another, 98% of the populations lived in the country side and poverty and starvation were the norm. Road were almost non existent and people usually did not travel more than ten miles from their home in an entire life time. The halacha of that world does not apply to our world.
consider the ruling: For the transgression of the golden calf: the Jewish nation received forgiveness. For the transgression of slander of wood and stone: the Jewish nation received NO forgiveness.
Even IF one says that slander is like avodah zarah none the less the worship of the gold calf constitutes absolutely as avodah zarah! How is the ruling from heaven fair?
Answer: Where as the spies convinced the nation that the oath that Elohim swore unto Avraham that his descendants would live in slavery in a foreign land, and that with a strong hand the Elohim would take them from slavery and bring them into the oath sworn lands of Canaan. The nation who saw the mighty plagues on Par'o and Egypt yet profaned the oath-brit of their fathers. This generation neither observed circumcision and abandoned Passover. Where as the sin of the calf during the distress of "believing" that Moshe our teacher had died, the nation sought to build an image that Elohim was in their midst. Struggling with faith constitutes as a problem of the generations whereas the slander of the spies profaned the Oath-brit of Avraham. From oaths one learns the term "fear of heaven". Adam because he and the generations of Adam profaned their oath-brit the floods destroyed humanity! The distinction between a bnai brit person and a non-bnai brit person: the oath one makes before the Safer Torah. For example, the Shemoneh Esrea is called the standing prayer. Why standing prayer? The best place to pray is in a synagogue. A synagogue contains a Safer Torah. To make an oath a person has to stand before a Safer Torah. Hence the ge'on the B'hag, the ge'onim preceded the scholars known as the reshonim, ruled that if a person prayed with the intent of cut a brit that his prayer fulfilled a commandment from the Torah; that all people in every generation has a Torah obligation to cut a brit. That this constitutes as the essential kavvanna of the framers of the standing prayer. The gemarah of brachot teaches that if a person prays without kavvanna its as if he did not pray.
The question has been asked, why did Israel receive the Torah at Sinai? why was not the Temple mount chosen for the revelation of the Torah. The answer given by the Midrash, that by giving Torah in the wilderness all nations had equal access to accept the Torah.
This answer leaves many problems. First the revelation of the Torah at Sinai, was it an historical event in the past or does every generation have equal access to the Torah to accept it or reject it? If its only a historical revelation from the ancient past only one generation of mankind had equal access to accept the Torah and all other generations did not enjoy this blessing. If so the original question still stands, why not reveal the Torah at the Temple Mount, Elohim already knew that only Israel would accept the Torah, so why play games?
From this proof I say that a person does not read midrash but rather must interpret the intent of Midrash. The former any child can do but the latter requires wisdom.
Israel left Egypt for the purpose of conquering Canaan. The Israelite people had experienced 210 years of Egyptian culture and before that Canaanite culture. Israel was commanded to uproot the culture of Canaan. But that's an impossible task if a people does not have a culture that can replace the uprooted culture. Hence Israel left Egypt and received the Torah at Sinai. Uprooting a given society means that a new order has to replace the old uprooted order that once prevailed in the land. Establishing a given order within society this constitutes as the job of a government. This government must have a mandate by which it can legislate and enforce new laws. What was the constitutional mandate of every Israelite government from Yeshua up until the 1st exile? The Torah! That being the case the distinction between a non exiled Torah people and an exiled Torah people, in the former Torah qualifies as primarily a political document whereas in the latter Torah serves as only a religious faith.