Reply To: Torah Shebe'al Peh

Rabbi of C- I agree that part of Torah Shebaal peh is extracting halachah from the Torah Shebichsav. I think the Brisker Rav has an idea that Moshe was not taught every halachah, but he was also taught the tools to extract halachah (like the 13 midos of R’ Yishmael) and halachos derived from this divine methodology is also Torah Shebaal peh even if it wasn’t explicitly and directly taught to Moshe.

However, the halachos I mention don’t seem to fit in that category because Hashem seemed to have instructed Moshe directly on these issues… only not on Har Sinai but afterwards.