Oral law: Encyclopedia II - Oral law - Oral law in Judaism

Oral law - Oral law in Judaism

Rabbinic Judaism holds that the books of the Tanakh (The Old Testament) were transmitted in parallel with an oral tradition, as relayed by the scholarly and other religious leaders of each generation. The "written law" (Torah she-bi-khtav תורה שבכתב) comprises the Torah and the rest of the Tanakh; the "Oral Law" (Torah she-be'al peh תורה שבעל תורה) was ultimately recorded in the Talmud and Midrash. The interpretation of the Oral Law is thus considered as the authoritative reading of the Written Law. Further, Jewish Law is based on a "Written Law" together with an "Oral Law". Jewish law and tradition thus is not based on a literal reading of the Tanakh, but on the combined oral and written tradition.

This understanding is supported by much internal evidence both in the Torah itself, and in the later books of the Tanakh.

• In the Torah, many terms are totally undefined, and many procedures mentioned without explanation or instructions, assuming familiarity on the part of the reader, with details from other, oral, sources. Examples include: The discussion of shechitah (Kosher slaughter) in Deuteronomy 12 which states writes "…you shall kill of your herd and of your flock which G-d Lord has given you, as I have commanded you." whereas the Torah does not record that earlier commandment; Deuteronomy 24 discusses the laws of divorce only in passing – they are assumed knowledge in a discussion about when remarriage would be allowed. Knowledge of the laws of Shabbat and Tefillin are similarly assumed by the text; "An eye for an eye" cannot be carried out in practice, for both practical reasons and ethical reasons.
• There are a number of cases in the Tanakh that either refer to the Oral Law directly, or that are consistent with the Pentateuch, but only as read with the Oral Torah. Examples include: Zechariah 7:2 and 8:13 refers to the Rabbinically enacted fasts to commemorate the fall of the first Temple; Nehemiah 13 notes the Rabbinic prohibition against buying or selling on the Sabbath; The marriage of Boaz to Ruth appears to contradict the prohibition of Deuteronomy 23:3 against marrying Moabites - the Oral Torah explains that this prohibition is limited to Moabite men. Ruth also relies on Oral Torah laws on kinsman redeemers and the conversion ritual.

It was initially forbidden to write and publish the Oral Law: written material would be incomplete and subject to misinterpretation (and abuse). After great debate, however, this restriction was lifted. It became apparent that the Palestine community and its learning were threatened, and that publication was the only way to ensure that the law could be preserved. (Following the destruction of the Second Temple and the fall of Jerusalem; see Timeline of Jewish history.) Thus, around 200 CE, Rabbi Judah HaNasi took up the redaction of oral law; it was compiled into the first written work of rabbinic Judaism, the Mishnah. Over the next four centuries this body of law, legend and ethical teachings underwent debate and discussion, or gemara, in both of the world's major Jewish communities (Israel and Babylon). The Gemara with the Mishnah came to be edited together into compilations known as the Talmud.

Because Jewish Law, Halakha, must include codes of law and behavior applicable to virtually every imaginable circumstance, this body of teaching has subsequently developed throughout the generations in a constantly expanding collection of religious literature based on the Talmud. In antiquity, the Sanhedrin functioned essentially as the Supreme Court and legislature for Judaism, and had the power to create and administer binding law on all Jews - rulings of the Sanhedrin became Halakha. That court ceased to function in its full mode in the year 40 CE. Subsequently, the boundaries of Jewish law have been determined through "the halakhic process." Thus, although the "Oral Law" has been in a written form for almost 18 centuries, it is still referred to as Torah she-be'al peh.

Torah knowledge, in addition to its "revealed" component ("nigleh" נגלה) as discussed above, comprises a "concealed" component ("nistar" נסתר), today recorded in the Aggada and Kabbalah. The nigleh deals with the mitzvot and halakha, as outlined; the nistar, on the other hand, discusses esoteric subjects such as creation, prophecy, the world to come, the Messiah, and similar abstruse themes. Although the "nistar" is regarded as a component of the oral tradition, it is not always regarded as part of the "oral law". This is because this material was not recorded in an explicit, mishnah-like, medium; instead, it is presented in a "concealed mode" and via "paradoxes". When expounding halakha, the Sages spoke in distinct, understandable terms. On the other hand, higher and mystical ideas are not, necessarily, meant for the masses, and the mode of transmission here thus departs somewhat from that of the halakhic material. The aggadot are therefore presented as tales, folklore, historical anecdotes, moral exhortations, and business and medical advice, but may, generally, be interpreted allegorically. The Kabbalah, which deals with even deeper, esoteric knowledge, is further concealed and has been transmitted to elect individuals, and preserved only by a privileged few.

Adapted from the Wikipedia article "Oral law in Judaism", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki