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Rabbinic Judaism Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonian ...
, the Oral Torah or Oral Law ( he, , Tōrā šebbəʿal-pe}) are those purported laws, statutes, and legal interpretations that were not recorded in the Five Books of Moses, the Written
Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the s ...
( he, , Tōrā šebbīḵṯāv, "Written Law", label=none), but nonetheless are regarded by Orthodox Jews as prescriptive and given at the same time. This holistic Jewish
code of conduct A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. Companies' codes of conduct A company code of conduct is a set of rules which is commonly writt ...
encompasses a wide swathe of rituals, worship practices, Godman and interpersonal relationships, from dietary laws to Sabbath and festival observance to marital relations, agricultural practices, and civil claims and damages. According to Rabbinic Jewish tradition, the Oral Torah was passed down orally in an unbroken chain from generation to generation until its contents were finally committed to writing following the destruction of the Second Temple in 70 CE, when Jewish civilization was faced with an existential threat, by virtue of the dispersion of the Jewish people. The major repositories of the Oral Torah are the '' Mishnah'', compiled between 200–220 CE by Rabbi Yehudah haNasi, and the '' Gemara'', a series of running commentaries and debates concerning the Mishnah, which together form the ''
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
'', the preeminent text of Rabbinic Judaism. In fact, two "versions" of the Talmud exist: one produced in the
Galilee Galilee (; he, הַגָּלִיל, hagGālīl; ar, الجليل, al-jalīl) is a region located in northern Israel and southern Lebanon. Galilee traditionally refers to the mountainous part, divided into Upper Galilee (, ; , ) and Lower Gali ...
300–350 CE (the
Jerusalem Talmud The Jerusalem Talmud ( he, תַּלְמוּד יְרוּשַׁלְמִי, translit=Talmud Yerushalmi, often for short), also known as the Palestinian Talmud or Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century ...
), and a second, more extensive Talmud compiled in Babylonia 450–500 CE (the
Babylonian Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
). Belief that at least portions of the Oral Torah were transmitted orally from God to Moses on Mount Sinai during the
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * Exo ...
from Egypt is a fundamental tenet of faith of
Orthodox Judaism Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
, and was recognized as one of the Thirteen Principles of Faith by
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
. However, not all branches of Rabbinic Judaism accept the literal Sinaitic provenance of the Oral Torah, characterizing it instead as the product of a historical process of continuing interpretation. There have also been historical dissenters to the Oral Torah in its entirety, including the ancient
Sadducees The Sadducees (; he, צְדוּקִים, Ṣədūqīm) were a socio- religious sect of Jewish people who were active in Judea during the Second Temple period, from the second century BCE through the destruction of the Second Temple , Temple ...
, Essenes, and adherents to modern
Karaite Judaism Karaite Judaism () or Karaism (, sometimes spelt Karaitism (; ''Yahadut Qara'it''); also spelt Qaraite Judaism, Qaraism or Qaraitism) is a Jewish religious movement characterized by the recognition of the written Torah alone as its supreme ...
, who derive their religious practice strictly from the Written Torah, using Scripture's most natural meaning to form their basis of Jewish law. Karaites often look to traditions of interpretation but, unlike Rabbinic Jews, do not ascribe to those traditions authoritative or normative parity with the Written Torah. The Beta Israel, who traditionally adhere to a form of Judaism referred to as Haymanot, also reject the idea of an Oral Torah.


Components of the Oral Torah

The term "Oral Torah" should not be understood as a monolith. The ''
Jewish Encyclopedia ''The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day'' is an English-language encyclopedia containing over 15,000 articles on th ...
'' divides the Oral Torah into eight categories, ranked according to the relative level of authoritativeness, which are found within the Talmud, the
Tosefta The Tosefta ( Jewish Babylonian Aramaic: תוספתא "supplement, addition") is a compilation of the Jewish oral law from the late 2nd century, the period of the Mishnah. Overview In many ways, the Tosefta acts as a supplement to the Mishnah ...
and the halakhic
Midrash ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''.
he, מִדְרָשׁ; ...
im. # Explanations of those laws of the written law, which are not fully intelligible without the explanations, and therefore presuppose an oral interpretation. Such explanations are connected in some way with Scripture. # Ancient halakhot which have no connection with Scripture and can not be connected with it, thus deriving their authority only from the tradition which ascribes them to Moses on Sinai. (In the case of these two groups, it is impossible to ascertain which elucidations and rules were really given to Moses on Sinai, and which were added later.) # Laws found in the prophetic books. Some of these originated at the time of the Prophets; but others are much older, perhaps having been transmitted orally, and committed to writing by the Prophets. They are called also ''"Dibre Ḳabbalah"'' (Words of Tradition). # Interpretations and regulations defining many written laws, as well as new laws, formulated by the early scribes, beginning with the time of
Ezra Ezra (; he, עֶזְרָא, '; fl. 480–440 BCE), also called Ezra the Scribe (, ') and Ezra the Priest in the Book of Ezra, was a Jewish scribe ('' sofer'') and priest ('' kohen''). In Greco-Latin Ezra is called Esdras ( grc-gre, Ἔσδρ ...
. These are called also ''"Dibre Soferim"'' (Words of the Scribes). # Interpretations and regulations covering the written law, as well as new halakhot, which the Tannaim deduced from Scripture by means of hermeneutic rules or by logical conclusions. There are differences of opinion among the scholars in regard to most of these explanations and definitions; but they are of equal weight with the written law, and are called also ''"Debar Torah"'' (Regulation of the Torah). # Customs and observances (''" taḳḳanot"'') which were introduced at various times by different scholars. They are ascribed partly to Moses, partly to
Joshua Joshua () or Yehoshua ( ''Yəhōšuaʿ'', Tiberian: ''Yŏhōšuaʿ,'' lit. ' Yahweh is salvation') ''Yēšūaʿ''; syr, ܝܫܘܥ ܒܪ ܢܘܢ ''Yəšūʿ bar Nōn''; el, Ἰησοῦς, ar , يُوشَعُ ٱبْنُ نُونٍ '' Yūšaʿ ...
, but chiefly to the members of the Great Synagogue or the ''Soferim ''("Scribes"), and are called also ''"Dibre Soferim"'' ("Words of the Scribes"). # Statutes and decisions (''"
gezerot A ''takkanah'' (plural ''takkanot'') is a major legislative enactment within '' halakha'' (Jewish law), the normative system of Judaism's laws. A ''takkanah'' is an enactment which revises an ordinance that no longer satisfies the requirements of ...
"'') decreed by the
Sanhedrin The Sanhedrin (Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence 'assembly' or 'council') was an assembly of either 23 or 71 elders (known as "rabbis" after the destruction of the Second Temple), ...
or court, and generally accepted. Such laws could be abrogated only by another court greater than the first one in numbers and scholarship. # Statutes and regulations for which the scholars had no tradition or allusion in Scripture, but which they accepted as standards after deriving them from the customs and laws of the country in which they were living. These are called ''"Hilkhot Medinah"'' (Statutes of the Country). The laws in the last three groups were not considered equal in validity to the written law (''" De'oraita"''), but were regarded merely as rabbinical regulations (''" de-rabbanan"'').


Historical development


Source and transmission

According to modern scholarship, the traditions embodied in what later became known as the "Oral Torah" developed over generations among the inhabitants of
Judea Judea or Judaea ( or ; from he, יהודה, Standard ''Yəhūda'', Tiberian ''Yehūḏā''; el, Ἰουδαία, ; la, Iūdaea) is an ancient, historic, Biblical Hebrew, contemporaneous Latin, and the modern-day name of the mountainous south ...
and were passed down through various modes of cultural transmission, including but not restricted to oral transmission. It is hypothesized that, sometime prior to the Babylonian exile of 586-530 BCE, in applying the Mosaic code to daily life and Temple worship, "a multitude of usages arising out of practical necessity or convenience or experience became part of the routine of observance of the code, and, in the course of time, shared the sanctity and authority which were inherent in the divinely inspired code itself." Such practices experienced exponential growth from the time of
Ezra Ezra (; he, עֶזְרָא, '; fl. 480–440 BCE), also called Ezra the Scribe (, ') and Ezra the Priest in the Book of Ezra, was a Jewish scribe ('' sofer'') and priest ('' kohen''). In Greco-Latin Ezra is called Esdras ( grc-gre, Ἔσδρ ...
to the Romans' destruction of the Second Temple due to the changing social and religious conditions experienced by inhabitants of Judea. Many of these practices were advocated by the Pharisees, a sect of largely lower- and middle-class Jews who stood in opposition to the
Sadducees The Sadducees (; he, צְדוּקִים, Ṣədūqīm) were a socio- religious sect of Jewish people who were active in Judea during the Second Temple period, from the second century BCE through the destruction of the Second Temple , Temple ...
, the priestly caste who dominated the Temple cult. The Sadducees rejected the legitimacy of any extra-biblical law or tradition, as well as increasingly popular notions such as the immortality of the
soul In many religious and philosophical traditions, there is a belief that a soul is "the immaterial aspect or essence of a human being". Etymology The Modern English noun '':wikt:soul, soul'' is derived from Old English ''sāwol, sāwel''. The ea ...
and divine intervention. Danby notes the following:
It is a reasonable hypothesis that a result of this controversy—a controversy which continued for two centuries—was a deliberate compilation and justification of the unwritten tradition by the Pharisean party, perhaps unsystematic and on a small scale in the earlier stages, but stimulated and fostered from time to time both by opposition from the Sadducees and by internal controversy (such as, e.g., the disputes between the House of Hillel and Shammai) within the ranks of the Pharisees, culminating in the collections of traditional laws (''Halakoth'') from which the present Mishnah draws its material.
With the destruction of the Second Temple around 70 CE, the Sadducees were divested of their main source of authority, without which their theology could not survive. On the other hand, the Pharisees became the progenitor of the rabbinic class, who formalized the traditions of their predecessors. Following the fall of the Temple, it appears that the Pharisaic leader Johanan ben Zakkai (30-90 CE) settled in Yavneh, where he established a school that came to be regarded by fellow Jews as the successors of the Jerusalem
Sanhedrin The Sanhedrin (Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence 'assembly' or 'council') was an assembly of either 23 or 71 elders (known as "rabbis" after the destruction of the Second Temple), ...
. Upon this Council of Jabneh fell the duty of administering and interpreting religious law, conserving tradition, and solving problems that arose by the past dependence of numerous observances on the existence of the Temple and priesthood. Thus, from 70 to 130 CE, when the Bar Kochba revolt further decimated the Jewish community, the Oral Law experienced a significant period of development and an unprecedented level of legal and religious authority among the populace.


Codification


The Mishnah

The destruction of the Second Temple and the fall of Jerusalem in the 1st and early 2nd centuries CE devastated the Jewish community. The First Jewish–Roman War of 66–73 CE and the
Bar Kokhba revolt The Bar Kokhba revolt ( he, , links=yes, ''Mereḏ Bar Kōḵḇāʾ‎''), or the 'Jewish Expedition' as the Romans named it ( la, Expeditio Judaica), was a rebellion by the Jews of the Judea (Roman province), Roman province of Judea, led b ...
cost hundreds of thousands of Jewish lives, the destruction of leading yeshivot, and thousands of scholars and students. At that point, it became apparent that the Hebrew community and its learning were threatened, and that publication was the only way to ensure that the law could be preserved. Thus, around 200 CE, a redaction of the Oral Law in writing was completed. Both Rabbinic tradition and scholarship ascribe this effort to Rabbi Judah HaNasi. The product of this effort, the Mishnah, is generally considered the first work of
rabbinic literature Rabbinic literature, in its broadest sense, is the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writ ...
. "Mishnah" is the name given to the sixty-three tractates that HaNasi systematically codified, which in turn are divided into six "orders." Unlike the Torah, in which, for example, laws of the Sabbath are scattered throughout the books of
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * Exo ...
, Leviticus, and Numbers, all the Mishnaic laws of the Sabbath are located in a single tractate called '' Shabbat'' (Hebrew for "Sabbath"). Moreover, the laws contained in the twenty-four chapters that make up that tractate are far more extensive than those contained in the Torah, reflecting the extensiveness of the Oral Law. Some authority suggests HaNasi made use of as many as 13 separate collections of Halakhot from different schools and time periods, and reassembled that material into a coherent whole, arranged it systematically, summarized discussions, and in some cases rendered his own rulings where alternative traditions existed. The Mishnah does far more than expound upon and organize the Biblical commandments. Rather, important topics covered by the Mishnah "rest on no scriptural foundations whatsoever," such as portions of the civil law tractates of '' Bava Kamma'', '' Bava Metzia'' and '' Bava Batra''. In other words, "To perfect the rittenTorah, the Oral tradition had to provide for a variety of transactions left without any law at all in Scripture." Just as portions of the Torah reflect (according to the documentary hypothesis) the agenda of the Levite priesthood in centralizing worship in the Temple in Jerusalem and legitimizing their exclusive authority over the sacrificial cult, so too can the Mishnah be seen as reflecting the unique "program" of the Tannaim and their successors to develop an egalitarian form of Judaism with an emphasis on social justice and an applicability throughout the Jewish diaspora. As a result, the Talmud often finds the rabbis combing scripture for textual support to justify existing religious practice, rather than deriving the practice organically from the language of scripture.


The Gemara

HaNasi's method of codification, in which he often included minority viewpoints and citation by name to rabbis who championed different viewpoints, became a template for the Gemara, a compendium of discussions and commentaries on the Mishnah's laws by generations of leading rabbis during the next four centuries in the two centers of Jewish life, Judea and Babylonia. The Gemara with the Mishnah came to be edited together into compilations known as the
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
. Both the
Babylonian Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
and the
Jerusalem Talmud The Jerusalem Talmud ( he, תַּלְמוּד יְרוּשַׁלְמִי, translit=Talmud Yerushalmi, often for short), also known as the Palestinian Talmud or Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century ...
have been transmitted in written form to the present day, although the more extensive Babylonian Talmud is widely considered to be more authoritative. The Talmud's discussions follow the order of the Mishnah, although not all tractates are discussed. Generally, a law from the Mishnah is cited, which is followed by a rabbinic deliberation on its meaning. The discussion often, but not always, results in a decision regarding the more persuasive or authoritative position based on available sources or anecdotal evidence. (See '' Aliba dehilchasa''.)


In Jewish tradition


Orthodox Judaism

Rabbinic Judaism holds the Oral Law to be of divine origin. The divinity and authoritativeness of the Oral Law as transmitted from God to Moses on Mount Sinai, continues to be universally accepted by Orthodox and Haredi Judaism as a fundamental precept of Judaism. The Oral Law was the basis for nearly all subsequent rabbinic literature. It is therefore intricately related to the development of
Halacha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comm ...
. As such, despite codification, interpretation of the Oral Law is likewise required.


Divine source and transmission

Rabbis of the Talmudic era conceived of the Oral Torah in two distinct ways. First, Rabbinic tradition saw the Oral Torah as an unbroken chain of transmission. The distinctive feature of this view was that Oral Torah was "conveyed by word of mouth and memorized." Second, the Rabbis also viewed the Oral Torah as an interpretive tradition, and not merely as memorized traditions. They saw the written Torah as containing many levels of interpretation. It was left to later generations, who were steeped in the ''oral tradition'' of interpretation, to discover those ("hidden") interpretations not revealed by Moses. Instead, Moses was obligated to impart the explanations orally to students, children, and fellow adults. It was thus forbidden to write and publish the Oral Torah. Jewish tradition identifies the unbroken historical chain of individuals who were entrusted with passing down the Oral Law from Moses to the early rabbinic period: "Moses received the Torah and handed it down to Joshua; Joshua to the Elders; the Elders to the prophets; and the prophets handed it down to the men of the Great Assembly." Similarly,
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
provides a generation by generation account of the names of all those in the direct line that transmitted this tradition, beginning with Moses up until Ravina and Rav Ashi, the rabbis who compiled the Babylonian Talmud.


The interplay of the Oral and Written Law

According to traditional Judaism, the Oral Law must have been disseminated at the same time as the Written Torah because certain Torah commandments would be indecipherable without a separate explanatory codex (and, presumably, God would not demand adherence to commandments that could not be understood). Many terms used in the Torah are left undefined, such as the word ''totafot'', usually translated as "frontlets," which is used three times in the Pentateuch (in
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * Exo ...
13:9 and Deuteronomy 6:8 and 11:18) but only identified with tefillin in the Mishnah (see Menachot 3:7). Similarly, many procedures are mentioned without explanation or instructions, or assume familiarity on the part of the reader. For example, the discussion of ''
shechita In Judaism, ''shechita'' (anglicized: ; he, ; ; also transliterated ''shehitah, shechitah, shehita'') is slaughtering of certain mammals and birds for food according to '' kashrut''. Sources states that sheep and cattle should be slaughter ...
'' ( kosher slaughter) in Deuteronomy 12 states "you shall kill of your herd and of your flock which God Lord has given you, ''as I have commanded you''," without any clear indication of what had been "commanded"; only in the Oral Torah are the various requirements of ritual slaughter explicated. Similarly, Deuteronomy 24 discusses the laws of divorce in passing; these laws are set forth with great specificity in the Mishnah and Gemara. Another example: the blue string of tekhelet on the tzitzit is to be dyed with an extraction from what scholars believe to be a snail; a detail only spoken of in the oral Torah. For other examples and further discussion here see '' Kuzari'
3:35
Moreover, according to the traditional view, without an Oral Law, blind adherence to the plain text of certain Torah commandments would lead to unethical acts, or would cause the practitioner to violate a commandment elsewhere in the Torah. Neither of these results could have been intended by God; and thus, ''a priori'', a set of supplementary "instructions" must have been provided. A classic example involves the phrase " An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot" is held in the oral tradition to imply monetary compensation – as opposed to a literal '' Lex talionis''. Further, the interpretation as “monetary compensation” is borne out by , implying that only in the case of murder is ''Lex talionis'' applied; this relationship paralleling the logic of the preceding paragraph. Finally, and similarly, the Oral Torah is needed to explain actions of biblical actors, seemingly discordant with other verses. For example, the marriage of Boaz, a member of the tribe of Judah to Ruth, a Moabitess, as described in the
Book of Ruth The Book of Ruth ( he, מגילת רות, ''Megilath Ruth'', "the Scroll of Ruth", one of the Five Megillot) is included in the third division, or the Writings (Ketuvim), of the Hebrew Bible. In most Old Testament, Christian canons it is treated ...
, appears on its face to contradict the prohibition of against marrying Moabites; however, the Oral Torah explains that this prohibition is limited to Moabite ''men''. Similarly, the rabbinic practice for the
Counting of the Omer Counting of the Omer (, Sefirat HaOmer, sometimes abbreviated as Sefira or the Omer) is an important verbal counting of each of the forty-nine days starting with the Wave Offering of a sheaf of ripe grain with a sacrifice immediately following ...
() is at odds with the Karaite practice, which appears to accord with a more literal reading of these verses, but is in fact borne out by . Much Talmudic analysis similarly demonstrates how the Mishnah's rulings, and / or disputes, in fact derive from - and are hence consistent with - the much earlier Biblical texts; see Gemara #Biblical exposition. Relatedly, the 1st century Targum Onkelos is largely consistent with the oral tradition as recorded in the
midrash ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''.
he, מִדְרָשׁ; ...
, redacted into writing only in the 3rd or 4th century. Complementary to the above textual and
internal evidence Textual criticism is a branch of textual scholarship, philology, and of literary criticism that is concerned with the identification of textual variants, or different versions, of either manuscripts or of printed books. Such texts may range in ...
, archaeologists have uncovered various physical evidence relating to religious rituals and practices which were current prior to the codification of the Mishnah; from which it can be inferred that Judah HaNasi and his contemporaries recorded, rather than innovated, normative Judaism as practiced during the 1st century CE and prior. For example, excavations at Qumran ( Cave 4) have yielded specimens of '' tefillin'' and parchment scrolls; these reflecting later Talmudic discussion. Likewise, the structure and placement of ritual baths at Masada appears to be consistent with the rabbinic requirements per the Mishnaic tractate '' Mikvaot'', although they were constructed approximately 120 years before the Mishnah was compiled. A
clay seal Clay is a type of fine-grained natural soil material containing clay minerals (hydrous aluminium phyllosilicates, e.g. kaolin, Al2 Si2 O5( OH)4). Clays develop plasticity when wet, due to a molecular film of water surrounding the clay part ...
discovered in Jerusalem in 2011 is consistent with the tradition recorded in tractate ''
Shekalim Shekel or sheqel ( akk, 𒅆𒅗𒇻 ''šiqlu'' or ''siqlu,'' he, שקל, plural he, שקלים or shekels, Phoenician: ) is an ancient Mesopotamian coin, usually of silver. A shekel was first a unit of weight—very roughly —and became c ...
'
chapter 5
The Elephantine papyri include a "Passover letter" (419 BCE) which already included many of the Pesach observances of today, and the first known text of a Ketubah (about 440 BCE). The Qumran ''Halachic Letter'', which records approximately a dozen disputes regarding the application of halakha, also testifies to the evolutionary process of the Oral Law.


In rabbinic literature and commentary

This section, discusses the Rabbinic treatment of the Written Law in light of the Oral Law, and the consequent overlap of the oral and written, and is not a general discussion of rabbinic Literature, '' per se''. As above, the Oral Law is recorded in the Midrash and Talmud, while later rabbinic literature builds on these works. Here, it is important to note that these source, "oral", documents, are nevertheless intimately connected to the written. Thus, the
midrash ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''.
he, מִדְרָשׁ; ...
provides a verse by verse discussion of the entire (written) Tanakh, per the oral Torah. Similarly, the Talmud, although applying a different framework, discusses and analyses the written Torah—both from an
aggadic Aggadah ( he, ''ʾAggāḏā'' or ''Haggāḏā''; Jewish Babylonian Aramaic: אַגָּדְתָא ''ʾAggāḏəṯāʾ''; "tales, fairytale, lore") is the non-legalistic exegesis which appears in the classical rabbinic literature of Juda ...
and halakhic perspective—drawing from (and recording) the oral tradition; here the discussion is organized around the Mishnah, and the discussion does not proceed verse-wise as with the Midrash. The era of the '' Rishonim'' sees the Oral Law incorporated into the first formal Torah commentaries, where the biblical text is discussed and / or analysed based on the various Midrashic and Talmudic traditions. The chief of these is perhaps
Rashi Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compr ...
's commentary on Tanakh. This work clarifies the "simple" meaning of the text, by addressing questions implied by the wording or verse or paragraph structure, by drawing on the Midrashic, Talmudic and Aggadic literature. It has given rise to numerous counter- (e.g., Ramban) and super-commentaries (e.g., Mizrachi), all similarly drawing on the Oral Torah, and widely studied to this day (see '' Mikraot Gedolot'', Yeshiva #Torah and Bible study). In more recent times, '' Acharonic'' times, several ( Orthodox) commentaries have been produced, which, in some sense, ''reverse'' the direction of the analysis. These originated in response to the (erstwhile) challenges of ''
haskalah The ''Haskalah'', often termed Jewish Enlightenment ( he, השכלה; literally, "wisdom", "erudition" or "education"), was an intellectual movement among the Jews of Central and Eastern Europe, with a certain influence on those in Western Eu ...
'' and Biblical criticism, and were intended "to demonstrate the indivisibility of the written Torah and its counterpart, the oral Torah", and in so doing, "showing the organic relationship between the Written Law and the Oral Law", often in the light of the above. Given this purpose, these provide a further detailed and explicit analysis here. The main of these: * '' Ha'amek Davar'' ("Delve into the matter") on Torah, and ''Davar Ha'amek'' on ''
Nevi'im Nevi'im (; he, נְבִיאִים ''Nəvīʾīm'', Tiberian: ''Năḇīʾīm,'' "Prophets", literally "spokespersons") is the second major division of the Hebrew Bible (the '' Tanakh''), lying between the Torah (instruction) and Ketuvim (w ...
'' and '' Ketuvim'', by Naftali Zvi Yehuda Berlin, the "Netziv" * '' Haketav VehaKabbalah'' ("The Written
orah Orah (Serbo-Croatian for "walnut") may refer to: Places Bosnia and Herzegovina * Orah, Bileća, a village in Bileća, Republika Srpska * Orah, Rudo, a village in Rudo, Republika Srpska * Orah, Ravno, a village in Ravno, Federation of Bosnia and ...
and the ralTradition") on Torah, by
Yaakov Tzvi Mecklenburg Yaakov Tzvi Mecklenburg (יעקב צבי מקלנבורג) was a German rabbi and scholar of the 19th century, best known as author of the Torah commentary ''Hakketav Vehakkabbalah'' (''Haksav Vehakaboleh''). Biography He was born in 1785 (5545 ...
* '' HaTorah vehaMitzva'' ("The Torah and the Commandment") by Meïr Leibush, the " Malbim", covers all of '' Tanakh'' except '' Kohelet'' and ''
Eicha The Book of Lamentations ( he, אֵיכָה, , from its incipit meaning "how") is a collection of poetic laments for the destruction of Jerusalem in 586 BCE. In the Hebrew Bible it appears in the Ketuvim ("Writings") as one of the Five Megillot ...
''. * '' Uebersetzung und Erklärung des Pentateuchs'' ("Translation and Commentary of the
Pentateuch The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
") by Samson Raphael Hirsch. * ''
Torah Temimah The ''Torah Temimah'' (תורה תמימה - from Psalmsbr> 19:8תּוֹרַת ה תְּמִימָה "The Torah of Hashem is perfect.") is the ''magnum opus'' of Rabbi Baruch Epstein. Published in 1902, it is a commentary on the Torah and the F ...
'' ("The Perfect Torah") on Torah, by Baruch Epstein. A more recent work of this type is the Israeli '' Da'at Miqra'' (and to some extent ''Da'at Sofrim'' by Chaim Dov Rabinowitz); see also Mordechai Breuer #Literary contribution . Contemporaneous with, and complementary to these commentaries, were specific, monograph-like works discussing the Oral Torah in concept and historically. These included: * ''Dor Dor v'Dor'shav'' ("Each generation and its Scholars"), by Rabbi Isaac Hirsch Weiss, a five volume history of the Oral Law, Halakha and Aggada, from Biblical times until the composition of the ''
Shulchan Aruch The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in I ...
''. * ''Mevo Hatalmud'' ("Introduction to the Talmud") and ''Torat Neviim'' ("Teachings of the Prophets"), by Rabbi Zvi Hirsch Chajes. The first, a detailed history and classification of the Talmud and its underlying oral tradition, formulating the nature, extent, and authority of tradition. The second, treatises on the authority of Talmudic tradition, and on the organic structure and methodology of the Talmud. * ''Die Erste Mishna'' (The First Mishna), a historical and linguistic analysis of the Mishna by David Zvi Hoffmann, positing an early, uniform, undisputed, and therefore authoritative collection of the Oral Law. (R. Hoffmann also authored a Torah commentary addressing some of the same issues as those mentioned.) * ''Matteh Dan'' (or '' Kuzari Hasheini''; London 1714) written by Rabbi David Nieto demonstrates the authority of the Oral Law, and defends the tradition against attacks by
Karaites Karaite or Qaraite may refer to: *Karaite Judaism, a Jewish religious movement that rejects the Talmud **Crimean Karaites, an ethnic group derived from Turkic-speaking adherents of Karaite Judaism in Eastern Europe ***Karaim language, Turkic lan ...
and skeptics. *Several works by Rabbi
Immanuel Aboab Immanuel Aboab ( 1555 – 1628) was a Portuguese Jewish scholar. He was a great-grandson of Isaac Aboab of Castile (died 1493). Life Born at Porto, he early became an orphan and was reared by his grandfather Abraham Aboab. He emigrated to Italy ...
, especially his ''Nomologia'', defend the traditional law and discuss its chronology. Other well known works here, if perhaps less modern in orientation, include
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
' (Rambam's) ''Introduction to the Mishnah''—dealing with the nature of the Oral Law, the distinction between the prophet and the sage, and the organizational structure of the Mishnah—as well as Isaiah Horowitz's ("The Shelah") ''Introduction to the Oral Torah'' in part 2 of his ''Shenei Luchot HaBerit'' Finally, other major works discussing the Bible as based on the Oral Torah include the following. * ''El Conciliador'' ("The Conciliator"), by Rabbi Menasseh Ben Israel, a work written to reconcile the apparent contradictions in numerous passages throughout the Bible by utilizing “an astounding range of sources", primarily the Talmud and the classic Jewish commentaries. It was written in Spanish, in Amsterdam, 1632, primarily to strengthen the faith of the Marranos. * Weiss' ''Dor Dor v'Dor'shav'' similarly discusses apparent divergencies in the Pentateuch and the various books of the Prophets. * '' Me'am Lo'ez'', begun by Rabbi Yaakov Culi in 1730, a detailed explanation of each chapter of the Torah, explaining it from "countless approaches", especially according to the
Midrash ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''.
he, מִדְרָשׁ; ...
and
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
; also discusses the relevant ''
Halacha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comm ...
'' as based on the ''
Shulchan Aruch The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in I ...
'' and '' Mishneh Torah''. The work was intended as a "compendium" of the major fields of Torah study, for the Ladino-speaking community.


Dissenting viewpoints

From Pharisaic times, there has always been some level of opposition to the concept of a "Dual Torah" within the umbrella of Judaism, although today only the Karaite sect formally opposes the incorporation of any extra-biblical law into their practice. Rather, the branches of modern Judaism differ more in their views regarding the divinity and immutability of the Oral Torah than they do in their belief in the importance of an interpretive tradition as exemplified in the Talmud.


Sadducees

Sadducees The Sadducees (; he, צְדוּקִים, Ṣədūqīm) were a socio- religious sect of Jewish people who were active in Judea during the Second Temple period, from the second century BCE through the destruction of the Second Temple , Temple ...
rejected the Pharisaic oral traditions. They based their interpretations on their own traditions emphasizing a more literal understanding of the verses. In many respects, this led to a more severe observance than that of the Pharisees especially as regards purity laws and
temple A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called church (building), churches), Hindui ...
practice. Most aspects of Sadduceean law and methods of interpretation are not known.


Essenes

Essenes, a monastic group of people, had a " monastic organization". Though they had non-biblical rules and customs, they rejected much of the oral traditions.


Samaritans

The
Samaritans Samaritans (; ; he, שומרונים, translit=Šōmrōnīm, lit=; ar, السامريون, translit=as-Sāmiriyyūn) are an ethnoreligious group who originate from the ancient Israelites. They are native to the Levant and adhere to Samarit ...
, an ancient sect that has survived in small numbers to the present day, have their own rich interpretative tradition, as reflected in the Medieval Samaritan legal collection called the ''Hilukh'', which shares etymological roots with the term ''Halakhah''. However, the concept of a divinely ordained Oral Law having equal value with the written one is foreign to Samaritan theology.


Karaites

Karaite Judaism or Karaism is a Jewish denomination that began in eighth century
Baghdad Baghdad (; ar, بَغْدَاد , ) is the capital of Iraq and the second-largest city in the Arab world after Cairo. It is located on the Tigris near the ruins of the ancient city of Babylon and the Sassanid Persian capital of Ctesipho ...
to form a separate sect that rejected of the Oral Torah and
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cen ...
, and placed sole reliance on the Tanakh as scripture. Thus, for example, Karaite understood Exodus 35:3 ("Do not light a fire in any of your dwellings on the Sabbath day") as forbidding the use of any kind of fire on the Sabbath, including fires lit before the start of the Sabbath, which are permitted by the Oral Law. Karaites also do not adhere to widespread customs such as the donning of ''tefillin'' and the prohibition against eating milk and meat together on the grounds that such practices are grounded in the Oral Law. Some Karaites strive to adhere only to the '' peshat (plain meaning) of the text. This is in contrast to Rabbinic Judaism, which relies on the Oral Torah and employs several interpretive methods which, at times, stray from the literal meaning.


Modern perspectives


Torat Eretz Yisrael

According to Torat Eretz Yisrael and Minhagei Eretz Yisrael, it is important to notice that Torah sages can err, just as the
Sanhedrin The Sanhedrin (Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence 'assembly' or 'council') was an assembly of either 23 or 71 elders (known as "rabbis" after the destruction of the Second Temple), ...
could (Leviticus 4:13).


Reform Judaism

Reform Judaism Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its ethical aspects to its ceremonial ones, and belief in a continuous sear ...
generally considers the Oral Law to reflect interpretations or perspectives on the Torah authored by groups of rabbis in Babylonia and Palestine over a period of time, which are not inherently more legitimate or authoritative than the opinions of Jewish scholars, philosophers, or religious leaders at any other time, including the present.


Conservative Judaism

Conservative Judaism Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movement which regards the authority of '' halakha'' (Jewish law) and traditions as coming primarily from its people and community through the generat ...
(also known as "Masorti" outside North America) takes an intermediate perspective, claiming that the Oral tradition is entitled to authority, but regarding its rulings as flexible guidelines rather than immutable precepts, that may be viewed through the lens of modernity. Jewish scholar and philosopher Ismar Schorsch has postulated that Conservative Judaism is tied to "sensing divinity both in the Torah and in the Oral Law," but not in a literalist manner. Rabbi Zecharias Frankel, considered intellectual founder of Conservative Judaism, was respected by many Orthodox until writing in 1859 that the Talmudic term " Law given to Moses at Sinai" always meant ancient customs accepted as such. His opponents demanded that he issue an unequivocal statement of belief in the total divinity of Oral Law, yet he refrained from doing so. He was consequently ostracized and declared a heretic by several authorities.


See also

*
Aggadah Aggadah ( he, ''ʾAggāḏā'' or ''Haggāḏā''; Jewish Babylonian Aramaic: אַגָּדְתָא ''ʾAggāḏəṯāʾ''; "tales, fairytale, lore") is the non-legalistic exegesis which appears in the classical rabbinic literature of Judaism, ...
*
Hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
* Law given to Moses at Sinai * Oral history * Oral law * Traditional Jewish chronology * Traditional knowledge * Uncodified constitution


References

Traditional Material * "
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
introduction to the
Mishnah Torah The ''Mishneh Torah'' ( he, מִשְׁנֵה תּוֹרָה, , repetition of the Torah), also known as ''Sefer Yad ha-Hazaka'' ( he, ספר יד החזקה, , book of the strong hand, label=none), is a code of Rabbinic Jewish religious law ('' ...
"
English translation
* "
Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
introduction to the Commentary on the Mishnah"
Hebrew Fulltext
Bibliography * ''The Essential Talmud'', Adin Steinsaltz, Basic Books; 1984 * ''Introduction to The Talmud and Midrash'', H.L. Strack and G. Stemberger, Fortress Press * ''The Infinite Chain: Torah, Masorah, and Man'', Nathan T. Lopes Cardozo, Targum Press Distributed by Philipp Feldheim; 1989


External links

* {{CathEncy, wstitle=Massorah
Oral Law
Jewish Encyclopedia ''The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day'' is an English-language encyclopedia containing over 15,000 articles on th ...
Jewish law Talmud