Authority of Halacha in the Classical Sources
Berakhot 5a
What it says about the role of God and humans in determining halacha: This source puts emphasizes that the Torah comes directly from G-d. Thus, the Oral Torah holds just as much weight as the Written Torah.
Pshat: Berakhot 5a tells us that both the Written Torah and Oral Torah were given to Moses on Har Sinai (the 10 commandments, Chumash, Mishnah, Prophets, and Writings).
Seder Eliahu Zuta 2
What it says about the role of God and humans in determining halacha: Human beings should be the servant who transforms the flax and wheat into cloth and bread for the king. G-d provided humans with raw materials (the Written Torah), for them to interpret and turn into finished products. The Written Torah is not complete by itself; G-d expects humans to participate. This suggests that Modern Jews should study the torah, have discussions, and adapt it to the current times.
Pshat: A king gives two servants flax and wheat: one takes the flax and weaves it into cloth and turns the flour into bread, while the second leaves the materials as they were given. The king comes home and asks them to bring what they gave them and loves the one who transformed the flax and wheat into cloth and bread.
Shabbat 88a
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What it says about the role of God and humans in determining halacha: Rav Avdidmi Bar Chasa puts forth the argument that Jews accepted the Torah for extrinsic reasons (they feared death), however, Rava’s refutation tells us something important about the covenant. He agrees that the Jews were originally forced to accept the torah, but they came to intrinsically take the Torah’s responsibilities upon themselves after the Purim victories, making the effort to have a personal relationship with G-d and fufill the mitzvot and halachot set forth by G-d.
Pshat: The Pshat meaning is that the Israelites were standing at the bottom of the mountain (Har Sinai) when they accepted the torah.
Bava Metzia 59b
Pshat: Rabbi Eliezer debates the other rabbis in the Beit Midrash about whether or not tanur shel Achnai (Achnai’s oven) has ritual impurity, and Rabbi Eliezer uses miracles (including a Bat Kol) to demonstrate that he is correct in his belief that the oven is pure. The Rabbis tell Rabbi Eliezer that the majority rules and that the Torah is not in heaven, and they choose to excommunicate him, causing the destruction of the world.
What it says about the role of God and humans in determining halacha: The text tells us that the Torah is no longer in heaven, but is rather on earth for the Rabbis to discuss and interpret in the beit midrash. The fact that G-d laughs (with joy) at the actions of the rabbis conveys that they had accomplished what G-d intended: to study and interpret the Torah. Thus, G-d out forth the Torah and it is the job of humans (rabbis) to study it and make halachic decisions.
Eruvin 13b
Pshat: Both Beit Hillel and Beit Shammai believed that they had they were correct regarding halacha, and a Bat Kol calls down from heaven to affirm that they are both in fact the “words of the living G-d,” but the halacha is like Beit Hillel. We follow Beit Hillel for three reasons: Beit Hillel is pleasing and humble, teaches the words of its opponents and their opponents words, and teaches Beit Shammai’s words before its own.
What it says about the role of God and humans in determining halacha: This text says that Humans must be exposed to all arguments, be humble, and read the opposition first in order to determine what is halachically correct. The fact that the Bat Kol is heeded in this text also suggests that the Torah is not completely in heaven.
This image shows both the Written and Oral Torahs at Har Sinai. This represents the idea that the Torah comes directly from G-d and thus later oral torah writings, like the Mishnah pictured above, have equal divine authority.
This image shows the transition from the raw material of wheat to the finished product: baked bread. This transformation is one used as a משל to demonstrate that the Written Torah was provided by G-d for humans to study and interpret.
The image above shows the Israelites transformation from an intrinsic motive for following G-d's commandments to an extrinsic ones. G-d's nation came to accept the Torah for reasons other than being under duress.
This image represents the concept that the Torah is not in heaven (לא בשמים היא). The Torah was given to human beings by G-d to study, discuss, and interpret. This means that it is no longer in the heavenly realm; G-d cannot make any changes or intervene.
This image shows Hillel studying on a lower level than the Jewish scripture, demonstrating his humble nature. Further, he has two stacks of books beside him, one of them his own arguments and the other, his own. Overall, the image reinforces the notion that humans must be exposed to all arguments, be humble, and read the opposition first in order to determine what is halachically correct.