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15.3.16

 There is a definite set of books that is the actual Oral Law. The two Talmuds, Sifra, Sifrei, Tosephta, and the Midrash. That is the actual books handed down to us by the Sages of the Mishna and Talmud. There is not one straightforward Halacha book without arguments among them. Not one. What the Rif and Rambam did was to try to derive the halacha from the Oral Law.

And the Rambam wrote in his letters "כשם שאין תוספת וגירעון בתורה שבכתב כן אין תוספת וגירעון בתורה שבעל פה. Just like you can not add or subtract to the written Law, so you can't add or subtract from the Oral Law.

But regardless of that, the Sages definitely had an idea of a final pesak halacha. But why there was no book written that contained it is beyond me.

So we have first order Oral Law. The actual books given to us by Chazal [the sages]. Then there is second order Oral Law--the books of the Rishonim that derive halacha and Musar and world view issues from the first order Oral Law.

In a practical vein what this means is to learn the Oral Law one ought to learn the actual Oral Law. Derivatives of it are good, but not the same thing as the thing in itself.