by Ram ben Ze'ev
In מסכת יבמות (Masekhet Yevamot) דף פה עמוד ב (85b), we encounter a deceptively brief yet theologically profound statement by רבי (Rabbi Yehuda HaNasi), the redactor of the משנה (Mishnah) and head of the Jewish community in the Land of ישראל (Yisrael) in the second century:
"הראשונים איסורי תורה, ואיסורי תורה אין צריכין חיזוק. והאחרונים איסורי סופרים, ואיסורי סופרים צריכין חיזוק."
“The former are prohibitions of the Torah, and prohibitions of the Torah require no reinforcement. The latter are prohibitions of the scribes, and the prohibitions of the scribes require reinforcement.”
This seemingly simple comparison sets the stage for a crucial understanding of the hierarchy between the Divinely-given Torah and the rabbinically-enacted safeguards found throughout the Talmud and wider Oral Law.
What Is the Torah?
To understand the weight of this distinction, one must first ask: What is meant by “the Torah”?
In this context, Torah refers specifically to the Written Torah—known in Hebrew as תורה שבכתב (Torah shebikhtav). This is the foundational text given directly by G-D to עם ישראל (Am Yisrael – the People of Israel) at הר סיני (Har Sinai – Mount Sinai). It includes the Five Books of the Torah, or חמשה חומשי תורה (chamishah chum’shei Torah):
Bereshit (בראשית – Genesis)
Shemot (שמות – Exodus)
Vayikra (ויקרא – Leviticus)
Bemidbar (במדבר – Numbers)
Devarim (דברים – Deuteronomy)
These five books, written under Divine dictation to משה רבנו (Moshe Rabbenu – Moses our teacher), form the immutable core of Jewish law and identity. They are not to be confused with the broader canon of the תנ״ך (Tanakh – Hebrew Bible), which also includes the Prophets (נביאים – Nevi’im) and the Writings (כתובים – Ketuvim). While all are sacred, only the Torah was received at Har Sinai.
The giving of the Torah—known as מתן תורה (Matan Torah – the Giving of the Torah)—occurred on the 6th of Sivan (סיון) in the year 2448 from Creation, which corresponds approximately to 1312 BCE. This date is commemorated annually on the festival of שבועות (Shavuot), the anniversary of the moment when the people of Israel stood united at the foot of the mountain and entered into an eternal covenant with G-D.
Torah: The Unchangeable Voice of G-D
The Torah is not merely a book of law—it is the revealed Will of the Creator. Every commandment, every prohibition, every nuance carries Divine authority. It is eternal, beyond human revision, and universally binding on every Jew.
As Rabbi Yehuda HaNasi teaches, such laws “require no reinforcement.” Their origin—directly from G-D—grants them inherent sanctity and weight. A Torah prohibition such as לא תבערו אש (lo teva’aru esh – do not kindle fire) on שבת (Shabbat) stands on its own. It needs no added enforcement because it resonates with the soul’s innate awareness of its source.
Talmudic Law: The Wisdom of the Sages
In contrast, the latter prohibitions mentioned by Rabbi Yehuda HaNasi are those established by the חכמים (chakhamim – Sages). These are known as "prohibitions of the scribes"—איסורי סופרים (issurei sofrim). They include enactments, extensions, and fences built around Torah law to prevent transgression and to provide clarity in evolving circumstances.
Because these laws are not Divinely revealed at Har Sinai but are instead derived through human wisdom, they “require reinforcement.” This means they depend on additional safeguards, communal enforcement, or educational emphasis to ensure observance.
The Structure of Authority in Jewish Law
Jewish legal tradition recognises two primary categories of law:
Laws from the Torah – Known as דאורייתא (de’oraita), these are laws that originate directly from the Written Torah and are considered immutable and sacred in their source.
Laws from the Sages – Known as דרבנן (de’rabbanan), these are rabbinic enactments instituted to guard, protect, or apply Torah law in new or specific contexts.
Both categories are binding. Both form part of the greater structure of halakhah (הלכה – Jewish law). But only one—the Torah—is rooted in Revelation. The other, though vital and venerable, is rooted in human response to Divine instruction.
To confuse the two is to confuse the foundation with the fence. It is no small matter. In modern times, some mistakenly elevate rabbinic stringencies to the same status as Torah commandments, or worse, invert the hierarchy entirely. This can breed either rebellion against Judaism or obsessive stringency—neither of which reflect the Torah's true path.
A Fence Is Not a Foundation
The Sages themselves were clear and careful to distinguish their enactments. Terms such as גזירה (gezeirah – decree), תקנה (takkanah – ordinance), or מעלה (maalah – elevated standard) were used to denote rabbinic authority, not Divine command.
That their rulings “require reinforcement” is a humble admission of their human origin. A fence is important, but it is never the foundation. It exists to serve the Torah, not to eclipse it.
Preserving the Primacy of Torah
The message of Rabbi Yehuda HaNasi in מסכת יבמות is both simple and profound: Torah law is above all. The תלמוד (Talmud) is the vessel through which Torah is explored and applied, but it is not its master.
When Rabbi Yehuda HaNasi compiled the משנה, he did so to protect the Oral Law, not to replace the Written one. His words remind us of the unshakable truth: The Talmud serves the Torah. The Torah does not serve the Talmud.
Let that truth be etched upon our hearts, just as the Divine Word was once engraved upon the tablets at Har Sinai.
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Bill White (Ram ben Ze'ev) is CEO of WireNews Limited, Mayside Partners Limited, MEADHANAN Agency, Kestrel Assets Limited, SpudsToGo Limited and Executive Director of Hebrew Synagogue. Bill White also writes on Substack under the byline "Bill White Says..."