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 Torah in two distinct ways. First, Rabbinic tradition conceived of 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."^[4] Second, the Rabbis also conceived of the Oral Torah 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]

According to many, the "oral Torah" was ultimately recorded in the Mishnah, the Talmud and Midrash.

Existence and usage

Written texts require some explanation and interpretation. (See, hermeneutics.) The significance of the Oral Torah 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 Torah 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 of Nazareth both in content (Mark 7:7–9) and in agency (Matthew 18:18 and Acts 10:14) to become the new Sacred Tradition.^[12] 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.

Though some Protestant Christians may view the Tanakh as being of historical interest only^[13], there are other Protestants who view both the Tanakh and the New Testament of the Bible as needed moral and ethical guidelines for righteous Christian living. The Westminster Confession of Faith states in Chapter 1, II,

"Under the name of Holy Scripture, or the Word of God written, are now contained all the books of the Old and New Testament... All which are given by inspiration of God to be the rule of faith and life." ^[14]

In the teachings of Jesus, he spoke of the law as follows:

“Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them.” Matthew 5:17

Matthew Henry says of this verse:

“The law is the Christian's rule of duty, and he delights therein. If a man, pretending to be Christ's disciple, encourages himself in any allowed disobedience to the holy law of God, or teaches others to do the same, whatever his station or reputation among men may be, he can be no true disciple. Christ's righteousness, imputed to us by faith alone, is needed by every one that enters the kingdom of grace or of glory; but the new creation of the heart to holiness, produces a thorough change in a man's temper and conduct.” ^[15]

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 Torah 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 Torah.^[16]

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.^[17]

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).^[18]

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

• Oral history
• Oral Law
• Oral tradition
• Traditional knowledge
• Uncodified constitution
• Karaite
• Rabbinic Judaism
• Rabbinic literature

References

• Oral Law @ JewishEncyclopedia.com
• "Maimonides introduction to the Mishnah Torah" (English translation)
• "Maimonides introduction to the Commentary on the Mishnah" (Hebrew Fulltext)
• "The Encyclopaedia Judaica", Keter Publishing (available in print or in an updated CD-ROM version.)
• "The Talmud", Adin Steinsaltz
• "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

•  "Massorah". Catholic Encyclopedia. New York: Robert Appleton Company. 1913.