Pharisaic Oral Law and Authority: Halachah

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Bracy
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In the many discussions that I’ve been involved in on this board, it has been my position that Yeshua and His disciples did not preach against the commandments of the Written Torah of God, but against the commandments of the Oral Torah of the Pharisees with which they superceded God’s Torah. It has become apparent to me that many don’t have a clear understanding of the “Oral Law” of the Pharisees which has hindered many people from understanding much of the context in which the “New Testament” is written.

I hope that the following does not lead anyone to think that I hate Jews, Rabbis, or Judaism. In reality, nothing could be further from the truth. However, it is the authoritative system of that I am strongly against, just as I believe Yeshua and His disciples were against it.

This post will be very lengthy, and due to the length, I will only be able to touch on Rabbinic Halacha in this post. I hope to discuss the topics of Minhag, Takanot, and Ma’asim in later posts. My posts will be well-supported with Biblical and Talmudic sources.


Oral Law and Rabbinic Authority

Orthodox (or Pharisaic) Judaism believes that there was not only a written Torah from Mount Sinai, but also an unwritten law called the “Oral Torah:”

quote:
Our Rabbis taught: An incident with a certain Gentile that came before Shammai. He said to him: “How many Torahs do you have?” He (Shammai) answered: “Two, the Written Torah and the Oral Torah” (b.Shabbat 31a).


The Written Torah is called “Torah Sh’bektav” and Mitzvot d’Oraita. The Oral Torah is called “Torah Sh’b’alpeh and Mitzvot d’Rabanan.

It is taught that the divine instructions of the Written Torah needed further explanation and clarification in order to be interpreted correctly. According to the Rabbis, the common people (Hebrew: am ha’aretz – the people of the land) are incapable of understanding how to apply God’s Written Torah commandments themselves, so they need “educated” men such as the Rabbis to interpret the Scriptures for them. To accomplish this, the Rabbis teach, God provided additional explanations through an authoritative “second revelation” by giving Moses another set of teachings only to be passed down orally from teacher to student. In other words, this “Oral Law” was supposed to be transmitted to future generations by word-of-mouth, and kept that way.

Mishnah Pirkei Avot begins with these words:

quote:
Moses received the Torah from Sinai and transmitted it to Joshua; Joshua to the elders; the elders to the prophets; and the prophets handed it down to the men of the Great Assembly. They said three things: Be deliberate in judgment, raise up many disciples, and make a fence around the Torah. (m.Avot 1b)


The oral tradition of the Rabbis served to elevate the “pure” and “enlightened” ones above the “ignorant” and “untrained” masses. The “Oral Law” promoted Pharisaic authority and meant that the scribes and Pharisees were the only ones who had enough training, insight, and knowledge to guide all Israel through the pitfalls of proper understanding and daily application of the written commandments. It was the belief of the scribes and Pharisees that the common people were simply not smart enough to figure out what the Written Torah had to say, or if they were clever enough, there would always be the chance that people could “misinterpret,” and thus, keep the commandments in differing ways, creating “discord” among the nation. In the view of the Rabbis, having too many dissenting ways of interpreting the Holy commandments was totally unacceptable and would serve to anger YHVH and tear down national unity. Thus, a centralized Rabbinic authority was born and the supervisors of this system, the scribes and Pharisees, promoted their new system as something that could bring national uniformity and religious consistency to Judaism’s religious structure.

An example of this kind of dripping Pharisaic arrogance can be found in John 7:14-19:

quote:
John 7:14-19: But when it was now the midst of the feast Jesus went up into the temple, and {began to} teach. The Jews then were astonished, saying, "How has this man become learned, having never been educated?" So Jesus answered them and said, "My teaching is not Mine, but His who sent Me. "If anyone is willing to do His will, he will know of the teaching, whether it is of God or {whether} I speak from Myself. "He who speaks from himself seeks his own glory; but He who is seeking the glory of the One who sent Him, He is true, and there is no unrighteousness in Him. "Did not Moses give you the Law, and {yet} none of you carries out the Law? Why do you seek to kill Me?"


Here, the scribes and Pharisees who were proudly trained in the traditions (takanot) of their fathers (Hillel and Shammai), accused Yeshua of not having real learning in the Torah, because in the mind of his accusers, real learning was acquired only when it was accompanied by mastering the mitzvot (commandments) and that came only through education in their oral tradition.


Pharisaic Law and Customs:

There are four general classifications of the Rabbinic “Oral Torah” system, which are as follows:

1) Rabbinic Halacha: A law or laws derived directly from a manipulated interpretation of Scripture (midrash) or Rabbinic (il)logic that oftentimes uses a proprietary series of filters from one or more of the many interpretation rules built on the “Seven Rules of Hillel.”

2) Minhagim: Customs or traditions enacted as law. This is built on the axiom, “minhag Yisrael torah hi” (a custom in Israel is Torah). In essence, once a tradition is practiced three times, it becomes law, and is therefore binding upon everyone.

3) Takanot and Gezerot: Enactments and decrees of the Rabbis, invented out of thin air, with no Scriptural justification whatsoever. Simply, new religious laws framed with the authority of the “Oral Law” – an unabashed violation of Deuteronomy 4:2 and 12:32.

4) Ma’asim (“Works”): The deeds or actions of Rabbis or sages, justifying how a tradition should be observed – the practicality of observance. The ma’asim (works) are derived from stories, incidents, and actions of Rabbis, not Scripture, making the ma’asim a source for new laws.


Rabbinic Halacha:

Rabbinic Halacha refers to a Rabbinic law (as opposed to a biblical law). Rabbinic halacha is derived by subjecting a biblical commandment to rules of Rabbinic interpretation and "logic" (more precisely, "illogic") through the following hermenutical filters:

(1) The Seven Rules of Hillel,
(2) The Thirteen Rules of Ishmael,
and (3) The Thirty-Two Rules of Eliezer

The Rabbis deduced and legislated 39 types of forbidden activities and then added a large number of subcategories of forbidden labors allowed on the Sabbath:

1) "Plowing": digging in or improving the ground.
2) "Sowing": promoting the growth of plants.
3) "Reaping": detaching something from its place of growth. Making any use of a growing plant or live animal is rabbinically forbidden since it may lead to "reaping".
4) "Making sheaves": gathering food together and making a single object out of it.
5) "Threshing": separating [food from its natural container]; includes squeezing fruit for its juice, milking, and drawing blood.
6, 7, and 9) "Winnowing", "Separating", "Sifting": separating food from inedible matter or solids from liquids or one food from another (except to eat immediately).
8) "Grinding": dividing an object into many small parts. Many medical treatments are rabbinically forbidden to one who is not sick since they may lead to "grinding" (drugs).
10) "Kneading": [mixing a finely divided solid with liquid until it becomes a single object].
11) "Baking": cooking (hardening or softening) an object or heating a liquid using heat originating from a fire; with heat from other sources it is rabbinically forbidden. Bathing in hot water is rabbinically forbidden since it may lead to heating water. Salting and pickling are rabbinically forbidden since they resemble cooking.
12) "Shearing": detaching hair, feathers, or nails from skin.
13) "Whitening": washing materials or clothes (or rabbinically, spreading them to dry or folding them).
14) "Carding": separating an object into fibers.
15) "Dyeing": permanently coloring an object or liquid.
16) "Spinning": making fibers into thread or felt.
17 thru 19) "Weaving": making threads into cloth (includes basket-weaving, plaiting, and the like).
20) "Unweaving".
21) "Tying": making permanent knots (includes twisting rope).
22) "Untying".
23) "Sewing": includes pasting together.
24) "Tearing".
25) "Building": putting parts together and making a single object; includes making floors, walls, or roofs, making utensils, and making cheese. If the structure is not permanent the prohibition is at most rabbinical.
26) "Tearing down".
27) "Hitting with a hammer : finishing part of a structure or utensil. It is rabbinically forbidden to play music since it may lead to making or repairing a musical instrument; to swim, since it may lead to making a life preserver; or to wash utensils if they are not needed for the sabbath.
28) "Hunting": capturing a creature that is normally hunted.
29) "Slaughtering": taking life.
30) "Skinning": [removing a layer from an object].
31) "Tanning": [softening] something other than food.
32) "Smoothing".
33) "Cutting": something other than food to a desired size.
34) "Writing". All business transactions, acts of court, and related calculations or measurements are rabbinically forbidden since they may lead to writing.
35) "Erasing".
36) "Marking": in preparation for cutting or writing.
37) "Burning": making a fire or adding fuel to it; includes heating metal. It is rabbinically forbidden to handle a fire or to make use of it in cases where this may lead to adjusting it.
38) "Extinguishing": or removing fuel; includes tempering metal. One is allowed to rescue only a limited amount from a fire since otherwise one may come to extinguish it.
39) "Taking from one domain to another" (i.e., from a private to a public domain or vice versa) by carrying or throwing; includes moving objects four cubits or more in a public domain. Public domains include marketplaces and roads that are at least 16 cubits wide and are not roofed over. A private domain must be at least four handsbreadths square and must be surrounded by a wall at least ten handsbreadths high or must be at least ten handsbreadths higher or lower than its surroundings. It is rabbinically forbidden to move objects four cubits or more even in a karmelis (a domain at least four handsbreadths square that [is adjacent to a public domain and] is separated from it by a wall, height, or depth of between three and ten handsbreadths) or to take anything from a karmelis to either a public or private domain or vice versa. If a private domain is not primarily for dwelling and is more than 70 cubits square it is also forbidden to move objects four cubits or more in it.

http://www.torah.org/learning/halacha-overview/chapter12.html

I wish to make note that there is a strong difference between Biblical Halacha, and Rabbinic Halacha. Biblical Halacha is a straightforward teaching of the Written Torah in accordance with plain context. Rabbinic Halacha generally begins with a biblical source which is then corrupted and manipulated through Rabbinic interpretation and (il)logic.

Here are some examples of Biblical vs. Rabbinic Halacha which should help to show how the Rabbis manipulate Scripture to say what they want it to say:

Doctrine Name: Tehiyeh Acharay Rabim

quote:
Exodus 23:2: You shall not follow a multitude in doing evil, nor shall you testify in a dispute so as to incline after the majority in order to pervert justice; nor shall you be partial to a poor man in his dispute.


Biblical Halacha: Do not follow the mob into evil and the perversion of justice.

The rabbis, on the other hand, do some creative editing by striking through what they consider irrelevant, and then through interpretation, they take what is needed to support their own agenda:

quote:
Exodus 23:2: You shall not follow a multitude in doing evil, nor shall you testify in a dispute so as to incline after the majority in order to pervert justice; nor shall you be partial to a poor man in his dispute.


The rabbis strike through everything in the above verse except for that which I listed in bold, so that the Rabbinic Halacha is as follows:

Rabbinic Halacha: You shall incline after the majority.

No matter how forced the interpretation, this is still a new ordinance binding on all Israel. The Rabbis use this verse to support their position that we are all obligated to incline after the majority, meaning we are required to obey Rabbinical majority rule when they give us their halacha on the Written Torah. This was later supported in the Babylonian Talmud:

quote:
Berachot 37a (also Baba Metzia 59a): (R. Akiva said)…the halacha is determined by the majority (based on Exodus 23:2).



Here is another example of the Rabbinic halacha.

Doctrine Name: Tikr’u Otam B’Mo’adim

quote:
Leviticus 23:4: These are the appointed times of YHVH, holy convocations, which you shall proclaim them at the times appointed for them (quoted directly from the Hebrew).


Biblical Halacha: Establishing the appointed times of YHVH’s festivals on earth.

Again, through some creative manipulation and interpretation of the biblical text, the Rabbis take Biblical Halacha and say that they have the authority to proclaim the times of our divine festivals, regardless of whether the proclamation is according to YHVH’s set times for them or not.

quote:
Leviticus 23:4: These are the appointed times of YHVH, holy convocations, which you shall proclaim them at the times appointed for them.


In Hebrew, the Rabbis change the object ”them” (Hebrew: ”otam” – the holy festivals) and read it as the subject “you yourselves” (Hebrew: ”atem” – meaning all of you Rabbis). In short, they suspend the rules of Hebrew grammar and make the object (the divine festivals) the subject (the Rabbis). After this, they take the word B’Mo’adam which means “in their appointed times,” and entirely ignore it. Little tricks like these force the text to “prove” that YHVH and Heaven itself must yield to them [the Rabbis] who say that they have authority from Moses and Heaven to set the timing of the festivals as they see fit. Thus, Leviticus 23:4 is manipulated to read as follows:

Rabbinic Halacha: You (Rabbis) shall proclaim them.

Here are quotes from Jewish literature which supports this:

quote:
It says three times, “…which you shall proclaim them (”otam”) but read it “you yourselves (”atem”) shall proclaim.” (Rashi on Rosh Hashannah 25a).


quote:
(Akiva speaking to Rabbi Joshua) The text says, ‘you,’ ‘you,’ ‘you,’ three times, to indicate that ‘you’ [may fix the festivals] even if you err inadvertently, ‘you,’ even if you err deliberately, ‘you,’ even if you are misled. (Rosh Hashannah 25a).



Doctrine Name: Lo BaShamayim Hi

Lo bashamayim hi is a doctrine of Pharisaism evidenced from at least the days of Rabbi Eliezar (c. 90 CE). The Rabbis teach that God assigned all of His earthly jurisdiction over to them, supposedly telling them that they will be His voice to all Israel on earth, based on Deuteronomy 30:11-12:

quote:
Deuteronomy 30:11-12: For this commandment which I command thee this day, it [is] not hidden from thee, neither [is] it far off. It [is] not in heaven, that thou shouldest say, Who shall go up for us to heaven, and bring it unto us, that we may hear it, and do it?


The clear meaning of this verse is straightforward:

Biblical Halacha: God’s commandments are not too difficult for us to perform or understand.

However, the Rabbis, in order to support their authoritative control, cross everything out this verse, and leave only the words “It is not in heaven.”

Rabbinic Halacha: It is not in heaven.

Everything else in the verse is irrelevant. According to the Rabbis, no voice of YHVH is needed for guidance; the Pharisees (and now the Rabbis) have removed that. Anyone who brings forth an opinion contrary to established rabbinic oral tradition – even if he was known to be a holy prophet – is to be ignored.

As evidence of this, I offer the following quote from the Talmud:

quote:
It has been taught: On that day R. Eliezer brought forward every imaginable argument, but they did not accept them. Said he to them: ‘If the halachah agrees with me, let this carob-tree prove it!’ Thereupon the carob-tree was torn a hundred cubits out of its place — others affirm, four hundred cubits. ‘No proof can be brought from a carob-tree,’ they retorted. Again he said to them: ‘If the halachah agrees with me, let the stream of water prove it!’ Whereupon the stream of water flowed backwards — ‘No proof can be brought from a stream of water,’ they rejoined. Again he urged: ‘If the halachah agrees with me, let the walls of the schoolhouse prove it,’ whereupon the walls inclined to fall. But R. Joshua rebuked them, saying: ‘When scholars are engaged in a halachic dispute, what have ye to interfere?’ Hence they did not fall, in honour of R.
Joshua, nor did they resume the upright, in honour of R. Eliezer; and they are still standing thus inclined.


Again he said to them: ‘If the halachah agrees with me, let it be proved from Heaven!’ Whereupon a Heavenly Voice cried out: ‘Why do ye dispute with R. Eliezer, seeing that in all matters the halachah agrees with him!’ But R. Joshua arose and exclaimed: ‘It is not in heaven.’ What did he mean by this? — Said R. Jeremiah: That the Torah had already been given at Mount Sinai; we pay no attention to a Heavenly Voice, because Thou hast long since written in the Torah at Mount Sinai, “after the majority must one incline.”(b.Bava Metzia 59a)


http://www.kolechad.org/cfolder/TheTInHeaven.pdf

Furthermore, if one were to speak through the authority of prophecy and claim Heaven’s command to do so, whether the prophecy happens to agree or disagree with the Rabbis, he must die. If you think I am joking or exaggerating, then take note of the words from the Rambam – Moshe ben Maimon (Maimonides):

quote:
If there 1000 prophets, all of them of the stature of Elijah and Elisha, giving a certain interpretation, and 1001 Rabbis giving the opposite interpretation, you shall “incline after the majority” and the law is according to the 1001 Rabbis, not according to the 1000 venerable prophets. And thus our Sages said, “By God, if we heard the matter directly from the mouth of Joshua the son of Nun, we would not obey him nor would we listen to him!”

The Sages said further, “If Elijah comes and tells us, the levirate obligation is canceled through a shoe (see Deut 25:9), we will listen to him [because this is what the Oral Law teaches], but if he says it is canceled through a sandal, we will not listen to him [because this is contrary to the Oral Law].” …And so if a prophet testifies, that the Holy One, Blessed be He, told him, that the law of a certain commandment is such and such, or that the reasoning of a certain sage is correct, that prophet must be executed… as it is written, ‘it is not in heaven’ (Deut. 30:12). Thus God did not permit us to learn from the prophets, only from the Rabbis who are men of logic and reason.Maimonides, Introduction to the Mishnah)


I assure you, that this is not some obscure teaching from the halls of Rabbinic learning. This is a basic tenet of Rabbinic doctrine. According to the Rabbinites, they have full prerogative to make laws in addition to or in spite of the written Word, because they believe Scripture says “it is not in heaven,” which is a twisted reading of Deuteronomy 30:12. Interpreting Torah by prophecy or even by a voice from Heaven is forbidden, because the Rabbis are said to be men of earthly “logic” and “reason.” Hence, if one were to teach something with a claim that it is from Heaven (such as what a prophet would say, even if it agrees or disagrees with the rulings of the sages), he is to be executed. This is why Yeshua’s teachings fell on deaf ears among the Pharisees when He said: “My teaching is not Mine, but His who sent Me. "If anyone is willing to do His will, he will know of the teaching, whether it is of God or {whether} I speak from Myself.” Yeshua claimed that His teaching was from heaven, and the Rabbis taught that the Torah “is not in heaven.”

Consider these principles:

• …the Sages have imparted to their enactments the same force as that of Pentateuchal laws (b.Ketubot 84a).
• The Bible teacher, R. Hanina, once sat before R. Jannai, and as he sat there he stated: The halachah is in agreement with R. Judah. The other called out to him: “Go out, read Biblical verses outside!” the halachah is not in agreement with R. Judah (b.Yevamot 40a).

In this situation, there was a discussion in progress about Levirate marriage. When the written Scriptures were consulted by Rabbi Hanina for the validation of halachah, it was said to Rabbi Hanina that he should take himself and his Scriptures outside. Thus, written Scripture has no bearing on the validity of what the Pharisees consider to be law. Here is another teaching with a similar thought:

quote:
Has it not been taught: Why were the bazaars of Beth Hini destroyed? Because they based their actions upon (written) Scripture (b.Baba Metzia 88a).


Again, it is no pain to repeat these foundational doctrines of the Rabbinites:

quote:
…My son, be more careful in [the observance of] the words of the Scribes than in the words of the Torah…whoever transgresses any of the enactments of the Scribes incurs the penalty of death. In case you should object: If they are of real value why were they not recorded [in the Torah]? Scripture stated: “Of making many books there is no end” (Eruvin 21b on Ecclesiastes 12:12).


With this in mind, one can more easily understand the context of many “New Testament” passages, such as the following:

quote:
Matthew 21:23: When He entered the temple, the chief priests and the elders of the people came to Him while He was teaching, and said, "By what authority are You doing these things, and who gave You this authority?"


quote:
Matthew 23:34: "Therefore, behold, I am sending you prophets and wise men and scribes; some of them you will kill and crucify, and some of them you will scourge in your synagogues, and persecute from city to city,


quote:
Matthew 23:6-7: "They love the place of honor at banquets and the chief seats in the synagogues, and respectful greetings in the market places, and being called Rabbi by men.


Concerning the above quotation from Matthew 23:6-7, that the Pharisees love the honor of men, see how this affects later Rabbinic thinking:

quote:
…Whoever casts merchandise into the pockets of scholars will be privileged to sit in the Heavenly Academy… (Pesachim 53b).


quote:
…A rabbinical scholar may assert, I am a rabbinical scholar; let my business receive first attention as it is written, “…and David’s sons were priests,” just as a priest receives [his portion] first, so does the scholar too (Nedarim 62a).


quote:
Raba, hoever, replied: The Rabbis have power to expropriate. For R. Isaac has said: How do we know that the Rabbis have power to expropriate? Because it says, “…and that whosoever came not within three days according to the counsel of the princes and the elders, all his substance should be forfeited, and himself separated from the congregation of the captivity” (Gittin 36b).


These examples from the halls of Rabbinic “learning” show how they creatively misuse written Scripture, placing upon it a marketing “spin,” in such a way as to convince the people that the Rabbis were chosen by Elohim to be His authority on earth; in other words – Lo bashamayim hi – “It is not in heaven.” To counter this bad Pharisaic doctrine, Paul presented the same proof text used for Lo bashamayim hi, based on Deuteronomy 30:12-14, and put it back into its correct context, writing this in Romans 10:1-5:

quote:
Romans 10:1-5: Brethren, my heart’s desire and my prayer to Elohim for them is for their salvation. For I bear them witness that they have a zeal for Elohim, but not in accordance with knowledge. For not knowing about Elohim’s righteousness, and seeking to establish their own, they did not subject themselves to the righteousness of Elohim. For Messiah is the end (result) of the (written) Torah for righteousness to everyone who believes. For moses writes that the man who practice the righteousness which is out of (written) Torah shall live by it (that righteousness).

letters at random
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You have time for all of these words, but you refused to answer a simple question.
Bracy
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letters:

I *did* answer your question, you just didn't like the answer. You then asked me to behave like a Pharisee and tell you how to obey the commandment. Instead of asking me how to interpret and properly obey God's commandments, you should instead search your own heart, as God said when He gave us the commandments:

quote:
Deuteronomy 30:14: "But the word is very near you, in your mouth and in your heart, that you may observe it.
letters at random
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You did NOT answe the question.

I gave you a scenario, and asked if "man b" was breaking the commandment. You could not answer, and did not, answer because no intelligent answer was left for you. As long as you rely upon the law to justify you instead of the Spirt of God through spiritual transformation, you will never be able to answer such a scenario.

A law is easier to follow than God.

quote:
Jesus says, "If you call your brother a fool, you are in danger of the fires of hell."

Man A thinks, "Uh oh...I better not use the word 'fool.' But he thinks it. He uses other words, though, when he is mad...to avoid "breaking the commandment."

Man B is joking with a good friend and laughingly says, "step back, fool!" The legalist says, "shame on you, don't you know you are not supposed to call someone that!" (And proceeds to think of man B as a fool, in his heart.)

By the law, Man A is righteous and Man B is condemned. It makes no sense, and it is not what God intended.




[This message has been edited by letters at random (edited 7/15/2005 10:49a).]
Bracy
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letters:

Once you ask me, or anyone else, to interpret a commandment for you, and tell you how you should obey it, you are placing the responsibility on my, or their, shoulders.

It is not our responsibility to tell you how to obey God's commandments, it is your responsibility.
letters at random
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I am not asking you to tell me how to obey a commandment. I am asking you if you think man A or man B is righteous in God's sight. I already know what I think.
Bracy
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letters:

You asked me:

quote:
I ask you, Bracy, is Jesus laying that down as a law? Can I call you an idiot, but not a fool? What if I think you are a fool, but don't say it out loud? Did I break the law then?


To which I responded:

quote:
Yeshua isn't laying that down as law, it was already laid down as law in the Torah...


and:

quote:
Calling someone a "fool" or an "idiot," or any other derogatory term is a clear violation of the commandment to "love your neighbor as yourself."


But, just like the man who spoke with Yeshua in Luke 10:25-29, you sought to justify yourself by asking me how the commandment applies to you, by asking:

quote:
So is it always wrong to call someone a fool, regardless of the circumstances? Can I laughingly say to a good friend of mine who is hopping on one foot, "stop clowning, you fool!" or would such a comment put me in danger of the fires of hell?


It's not my responsibility to answer your question, it is your responsibility.

quote:
I already know what I think.



Then leave it at that. You already know how to obey the commandment, and that is where it should stay.

[This message has been edited by Bracy (edited 7/15/2005 11:03a).]
letters at random
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So, you will not tell me whether or not you think Man A or Man B is sinning before God in this scenario?
setsmachine
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AG
all that work and the thread has already been hijacked. what a shame...
letters at random
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I'm sorry to hijack the thread. I'll quit now. I just wish he would answer the question.
Bracy
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letters:

I don't know what language I can speak in so that you will understand: I will not answer your question, if I did I'd be no better than the Pharisees. It is your responsibility to answer your question for yourself, and you've already said that you have done so. That should be the end of it, please let it be.
letters at random
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That is so asinine. But I'll post my response on the other thread and stay off this one.
Alpha and Omega
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lar, might as well forget about a legit response, that's the standard bracy MO! Bracy believes that 2000 years of Chistianity mean nothing since all of Christianity was built on error. If the matter was not so serious, it would be laughable.
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