Oral Torah


The Five Books of Moses, what most people call the Torah, are the most ancient and sacred possessions of the Jews and Judaism. The teachings written there form the original core of the Jewish understanding of the world, and especially their understanding of themselves and their relationship with God and with the world. Jews all over the world continue to study these teachings, formally and informally, directly from the written texts of these books, which are thousands of years old.
But the traditional view, which has been passed down over the generations, holds that this series of five most ancient and sacred books are only part of God's instruction to the Israelites and their descendants, the Jewish people. According to the rabbis, the teachers who have been passing down the Jewish traditions for over two thousand years, this Written Torah forms the core of God's teaching to Israel and is supplemented by an Oral Torah, which consists of that vast body of sacred Jewish teachings that were memorized and repeated orally and were not written down formally until much later.
According to Orthodox Judaism, the oral Torah was given to Moses at Mount Sinai, to accompany the written Torah, and is fully binding upon the Jewish people. This holistic Jewish code of conduct and body of sacred lore 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, as well as vast quantities of sacred history and narrative.
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 Judah ha-Nasi, and the Gemara, a series of running commentaries and debates concerning the Mishnah, which together form the Talmud, the preeminent text of Rabbinic Judaism. In fact, two "versions" of the Talmud exist: one produced in the Galilee 300–350 CE, and a second, more extensive Talmud compiled in Jewish Babylonia 450–500 CE.
Belief that at least portions of the Oral Torah were transmitted orally from God to Moses on Biblical Mount Sinai during the Exodus from Egypt is a fundamental tenet of faith of Orthodox Judaism, and was recognized as one of the Thirteen Principles of Faith by Maimonides.
There have also been historical dissenters to the Oral Torah, most notably the Sadducees and Karaites, who claimed to derive their religious practice only from the Written Torah. The Beta Israel, isolated from the rest of world Jewry for many centuries, also lacked Rabbinic texts until they immigrated from Ethiopia to Israel, in recent years.

Components of the Oral Torah

The term "Oral Torah" should not be understood as a monolith. The Jewish Encyclopedia divides the Oral Torah into eight categories, ranked according to the relative level of authoritativeness, which are found within the Talmud, the Tosefta and the halakhic Midrashim.
  1. 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.
  2. 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.
  3. 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".
  4. Interpretations and regulations defining many written laws, as well as new laws, formulated by the early scribes, beginning with the time of Ezra. These are called also "Dibre Soferim".
  5. 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".
  6. Customs and observances which were introduced at various times by different scholars. They are ascribed partly to Moses, partly to Joshua, but chiefly to the members of the Great Synagogue or the Soferim , and are called also "Dibre Soferim".
  7. Statutes and decisions decreed by the Sanhedrin or court, and generally accepted. Such laws could be abrogated only by another court greater than the first one in numbers and scholarship.
  8. 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".
The laws in the last three groups were not considered equal in validity to the written law, but were regarded merely as rabbinical regulations.

Historical development

Codification

The Mishnah

The destruction of the Second Temple and the fall of Jerusalem in the first and early second centuries CE devastated the Jewish community. The First Jewish–Roman War of 66–73 CE and the Bar Kokhba revolt 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 Judah HaNasi. The product of this effort, the Mishnah, is generally considered the first work of rabbinic literature.
"Mishnah" is the name given to the 63 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, Leviticus, and Numbers, all the Mishnaic laws of the Sabbath are located in a single tractate called Shabbat. Moreover, the laws contained in the 24 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 Torah, 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 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, Syria Palaestina or "Judea" and Asoristan or "Babylonia". The Gemara with the Mishnah came to be edited together into compilations known as the Talmud. Both the Babylonian Talmud and the Jerusalem Talmud 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.

In Jewish tradition

Rabbinic thought

Rabbinic tradition considers 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 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. 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 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; some rabbis kept private notes of their teaching, but only for their personal convenience.
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 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 pivotal role of Akiva ben Yosef is discussed in a Talmudic story, when Moses sees Rabbi Akiva, which portrays God as preparing the Torah for Akiva's interpretive skills in midrash.