The Talmud day & night different from the statute law Reshonim halachic codes. Talmud for starters common law NOT statute law. If you do not know the difference between the two legal systems … hard to educate the ignorant. The precedent for “eternal people” the oath brit sworn between HaShem and Avram in Parshat לך לך. Any “real” Torah discussion talks through Primary Sources. לשון הרע speaks about Primary Sources. Rav Nemuraskii taught me this כלל early in my Talmudic education.

What’s the Hebrew for Common Law? Don’t know? Return to the difficulty of educating the ignorant. Rabbi Yechuda named his codification of the Sanhedrin Case/Din rulings based upon the 5th Book of דברים having the additional name of משנה תורה. This additional name for the Book of דברים the basis why Rabbi Yechuda named his common law 6 Orders of Mishnaot: “The Mishna”.

Common law stands on the foundation of learning by means of comparative precedents. What’s the Hebrew for precedents? Don’t know. Return to the difficulty of educating the ignorant. The Hebrew word for “precedent” – בנין אב. If you look in the korbanot section of the Siddur you will encounter the 13 middot of Rabbi Yishmael. Impossible to study Talmud without a kabbalah of how to understand the 13 middot of Rabbi Yishmael.

This kabbalah learns hand in glove with the פרדס logic system chiddush of Rabbi Akiva’s explanation of the Oral Torah revelation at Horev. But I digress from the question. The Brit (בראשית\ברית אש) between the pieces serves as the יסוד of the Torah oath brit faith. To swear a Torah oath requires the kabbalah of שם ומלכות. Ignoramuses falsely assume that their translations of שם ומלכות communicate this kabbalah יסודי of the entire Torah revelation at Sinai. Difficult to educate the ignorant.

Translating words from language to language – this error defines the essential “Sin of the Golden Calf” where Israel translated the שם השם to words. The שם השם רוח הקודש הוא. Impossible to translate the revelation of this Spirit Divine Presence Name to a word. Hence Abba Shaul in the Talmud teaches that if a person attempts to pronounce the שם השם by the rules of Hebrew grammar: guilty of חטאת קרת. Virtually in all cases that I have seen in the Talmud, the opinion of Abba Shaul prevails as the halacha.

This gets into the subject of מכות, but then again I digress. How many times does the Xtian bible or Muslim koran bring the שם השם? Never. Hence both bible and koran worship other Gods – the 2nd Sinai commandment.

The kabbalah of מלכות delves into the יסוד of the דאורייתא י’’ג מידדות revealed to Moshe at Horev 40 days after the Sin of the Golden Calf. Interesting, Rabbi Yishmael based his 13 middot דרבנן upon the 13 middot דאורייתא. The Shemone Esrei 3 + 13 + 3/תרי’’ג Six Yom Tov + 13 middot. The menorah shines 7 lights, add Shabbat. What differentiates, מאי נפקא מינא in Aramaic, מה הבדלה in Hebrew: between אל from רחום from חנון ect etc etc? Very hard to educate the ignorant.

The Yom Tov davvening validates that Israel, the chosen Cohen nation, (tefillah stands in the stead of korbanot). The dedication of korbanot – not a barbeque unto Heaven. The Shemone Esrei has a second name: Amidah. To swear a Torah oath a person can stand before an altar while the Cohen dedicates the korban, or that same person can stand before a Sefer Torah. The tohor time-oriented commandment of tefillah requires the basic k’vanna that a person intends to dedicate a Torah “middah” oath holy to HaShem.

The Torah has 54 Parshiot. 13 X 4 = 52. The remaining two Crowns of the Torah the responsibility of accepting the yoke of blessings and curses of the Torah ie קריא שמע. Hence this mitzva likewise said twice daily. Why daily? Because to swear a Torah oath requires tefillen. Rabbeinu Tam teaches that a Yid can say kre’a shma prior to the setting of the Sun and 3 stars shine in the Heavens. Saying kre’a shma prior to going to bed obeys how Rashi interprets the opening Gemara of ברכות.

Worlds separate talking through the Torah/tohor from talking about the Torah/tumah. The sworn oath by HaShem of Avram chosen Cohen seed numbering as the Stars of the Sky and the Sand upon the sea-shores, understood as the Jews as the eternal people. Jews have witnessed the rise and collapse of multiple and many great and powerful empires. Where’s the British empire? Oh my the sun set on that empire. Where’s the 1000 year Reich? Where’s Stalin’s Soviet Union. Now the collapse of these mighty empires occurred just in the last Century alone.