Oral Torah


Oral Torah
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The Oral Torah comprises the legal and interpretative traditions that, according to tradition, were transmitted orally from Mount Sinai, and were not written in the Torah. According to Rabbinic Judaism, the oral Torah, oral Law, or oral tradition (Hebrew: תורה שבעל פה, Torah she-be-`al peh) was given by God orally to Moses in conjunction with the written Torah (Hebrew: תורה שבכתב, Torah she-bi-khtav), after which it was passed down orally through the ages. [1] [2] Later to be codified and written in the Talmud (Hebrew :תַּלְמוּד ). While other cultures and Jewish groups maintained oral traditions, only the Rabbis gave ideological significance to the fact that they transmitted their tradition orally. [3]

Rabbis of the Talmudic era conceived of the Oral Law in two distinct ways. First, Rabbinic tradition conceived of the Oral law as an unbroken chain of transmission. The distinctive feature of this view was that Oral Law was "conveyed by word of mouth and memorized."[4] Second, the Rabbis also conceived of the Oral law as an interpretive tradition, and not merely as memorized traditions. In this view, the written Torah was seen 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.[5]

The "oral law" was ultimately recorded in the Mishnah, the Talmud and Midrash.

Contents

Existence and usage

Written texts require some explanation and interpretation. (See, hermeneutics.) The significance of the Oral Law is that Rabbinic Judaism felt its oral interpretations were the result of a long tradition and therefore binding. To the Rabbis in late antiquity, the Oral Law is as authoritative (or nearly so) as the written law itself (contrast with Karaism below).

Many verses in the Torah require interpretation. Some even presuppose that the reader understands what is being referred to. Many terms used in the Torah are totally undefined, and many procedures are mentioned without explanation or instructions, assuming familiarity on the part of the reader. Some examples are listed below. [6] [7]


  • The discussion of shechita (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," yet the only earlier commandment given by the Torah is "you shall not eat the blood."
  • Deuteronomy 24 discusses the laws of divorce in passing; they are assumed knowledge in a discussion about when remarriage would be allowed.
  • Similarly, that the blue string of tekhelet on the tzitzit is to be dyed with a dye extracted from what some scholars believe to be a snail is a detail only spoken of in the oral Torah.[8]
  • The phrase "An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot" Ex 21:22–27 is held in the oral tradition to imply monetary compensation – as opposed to a literal Lex talionis. Logically, since the Torah requires that penalties be universally applicable, the phrase cannot be interpreted literally; it would be inapplicable to blind or eyeless offenders, and, indeed, this is the only interpretation consistent with Numbers 35:31. Further, personal retribution is explicitly forbidden by the Torah (Lv 19:18 Leviticus 19:18), such reciprocal justice being strictly reserved for the social magistrate (usually in the form of regional courts). The Talmud explains this concept entails monetary compensation in tort cases.[9] (Additionally, this law cannot be carried out in practice, for both practical and ethical reasons; see also parashat Emor).
  • The marriage of Boaz to Ruth as described in the Book of Ruth appears to contradict the prohibition of De 23:3–4 Deuteronomy 23:3–4 against marrying Moabites – the Oral Torah explains that this prohibition is limited to Moabite men.

Dissenting views

A relief depicting the development of oral at Diaspora Museum, Tel Aviv

Sadducees

Sadducees 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 practice. It must be noted that most aspects of Sadduceean law and methods of interpretation are not known.[10]

Essenes

Essenes, a monastic group of people, had a “monastic organization”. Though they had non-biblical rules, and customs, they reject much of the oral traditions. [11]

Christians

Within Christianity, Roman Catholic and Orthodox churches see the oral tradition as being transformed by Jesus Christ both in content (Mark 7:7–9) and in agency (Matthew 18:18 and Acts 10:14) to become the new Sacred Tradition. This view sees a certain continuity in the tradition, with Jesus having the authority to break some traditions, as seen in Matthew 15:1, 2, 7–11, and to establish others, as in John 20:23. Protestant Christians tend to set the oral Law in opposition to the writings of Scripture. In this view, the Tanakh is of historical interest only.

Karaites

Karaite Judaism or Karaism is a Jewish denomination which arose about the time of the completion of the Talmud. It is characterized by the rejection of the "Oral Torah" and Talmud, and, on its reliance on the Tanakh as scripture.

Some Karaites strive to adhere only to the p'shat (plain meaning) of the text. This is in contrast to Rabbinic Judaism, which relies on the Oral Law and employs several interpretive methods which, at times, stray from the literal meaning.

Codification

Prohibition to write the Oral Torah

The laws transmitted to Moses were contained in the Torah written down on scrolls. According to proponents of the Oral Torah, the explanation however, was not allowed to be written down. Jews were obligated to speak the explanation and pass it on orally to students, children, and fellow adults. It was thus forbidden to write and publish the Oral Law.[12]

Following the destruction of the Second Temple and the fall of Jerusalem, 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.[13]

Thus, around 200 CE, a redaction of oral law in writing was completed. Rabbinic tradition ascribes this effort to Rabbi Judah haNasi. The Mishna is generally considered the first work of Rabbinic literature.

Over the next four centuries this body of law, legend and ethical teachings underwent debate and discussion (Gemara) in the two centers of Jewish life, Israel and Babylonia. The Gemara with the Mishnah came to be edited together into compilations known as the Talmud.

Many of the legalistic terms and concepts found in Rabbinic literature have antecedents in the Dead Sea Scrolls. This is especially true in the Halachic Letter (Miqsat Ma'ase Ha-Torah/ Qumran Cave 4).[14]

Ramification of Jewish law

Oral law was the basis for nearly all subsequent Rabbinic literature. It is therefore intricately related to the development of Halakha. As such, despite codification, interpretation of the "oral law" is likewise required. Although the Oral Law has been in written form for almost 18 centuries, it is still referred to as Torah she-be'al peh.

Halakha LeMoshe MiSinai

The term Halakha LeMoshe MiSinai, literally "Law [given] to Moses from Sinai", is used in classical Rabbinical literature to refer to oral law regarded as having been of direct Divine origin, transmitted to Moses at Mount Sinai at the same time as the written Torah, but not included in the Oral Torah's exposition of it. It is distinguished from the written Torah, on the one hand, and Rabbinical decrees, customs, and other man-made laws on the other hand.

One such law is the requirement that tefillin be dyed black.

See also

References

  1. ^ Howard Schwartz, Tree of souls: the mythology of Judaism, Oxford University Press, 2004. p lv
  2. ^ The form of Judaism that does not recognize an Oral Torah as authoritative, instead relying on the most natural meaning of the Written Torah to form the basis of Jewish law, is known as Karaite Judaism.
  3. ^ Elizabeth Shanks Alexander, The Orality of Rabbinic Writing, in The Cambridge Companion to the Talmud, ed. Martin Jaffee, 2007.
  4. ^ Elizabeth Shanks Alexander, The Orality of Rabbinic Writing, in The Cambridge Companion to the Talmud, ed. Martin Jaffee, 2007. p. 39. This is attested to in numerous sources, such as Mishna Avot 1:1. The manner of teaching and memorization is described in B. Eruvin 54b.
  5. ^ In Rabbinic literature this view is exemplified by the story of Rabbi Akiva who expounded heaps and heaps of laws from the scriptural crowns of the letters in the written Torah. The Talmud relays that Moses himself would not understand these interpretations, nevertheless, these are also called Mosaic traditions (Halakha leMoshe miSinai). B Menahot 29b. See, Elizabeth Shanks Alexander, op cit.
  6. ^ David Charles Kraemer, The mind of the Talmud, Oxford University Press, 1990. pp 157 - 159
  7. ^ Oral Law, Jewish Encyclopedia
  8. ^ See http://www.tekhelet.com Ptil Tekhelet
  9. ^ The Torah's first mention of the phrase "an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot" appears in Ex 21:22–27. The Talmud (in Bava Kamma, 84a), based upon a critical interpretation of the original Hebrew text, explains that this biblical concept entails monetary compensation in tort cases.
  10. ^ Ken Koltun-Fromm, Abraham Geiger's liberal Judaism, Indiana University Press, 2006. p 53
  11. ^ Joseph A. Fitzmyer, The Impact of the Dead Sea Scrolls, Paulist Press, 2009. p 56
  12. ^ See BT Temurah 14b, and, BT Gittin 60b. Also, Y Meggila 4:1
  13. ^ Tosefta Eduyot 1:1 "When the Sages went to Yavneh they said: The time will come that a man will seek a matter in the Torah but will not find it. He will seek a matter from the Scribes but will not find it...They said: Let us begin [to record] with Hillel and Shammai.". See generally Timeline of Jewish history.
  14. ^ Anyone interested in this information can contact the Biblical Archaeological Review for more information. In addition, a book called "Understanding the Dead Sea" scrolls now contains Professor Shiffman's article on this exact topic.

External links


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