Oral Torah
Encyclopedia
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 was given by God orally to Moses in conjunction with the written Torah
, after which it was passed down orally through the ages. 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.
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." 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.
The "oral law" was ultimately recorded in the Mishnah
, the Talmud
and Midrash
.
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.
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.
, a monastic group of people, had a “monastic organization”. Though they had non-biblical rules, and customs, they reject much of the oral traditions.
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.
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.
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.
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.
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).
. 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.
[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.
Speech
Speech is the human faculty of speaking.It may also refer to:* Public speaking, the process of speaking to a group of people* Manner of articulation, how the body parts involved in making speech are manipulated...
from Mount Sinai, and were not written in the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
. According to Rabbinic Judaism
Rabbinic Judaism
Rabbinic Judaism or Rabbinism has been the mainstream form of Judaism since the 6th century CE, after the codification of the Talmud...
, the oral Torah, oral Law, or oral tradition was given by God orally to Moses in conjunction with the written Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
, after which it was passed down orally through the ages. Later to be codified and written in the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
(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.
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." 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.
The "oral law" was ultimately recorded in the Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
, the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
and Midrash
Midrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
.
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.
- The discussion of shechitaShechitaShechita is the ritual slaughter of mammals and birds according to Jewish dietary laws...
(kosher slaughter) in DeuteronomyDeuteronomyThe Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
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 divorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
in passing; they are assumed knowledge in a discussion about when remarriage would be allowed.
- Similarly, that the blue string of tekheletTekheletTekhelet, , Tekheleth, Techelet or Techeiles is a blue dye mentioned 50 times in the Hebrew Bible and translated by the Septuagint as hyakinthinos . Its uses include the clothing of the High Priest, the tapestries in the Tabernacle, and the tassels to be affixed to the corners of one's garments...
on the tzitzitTzitzitThe Hebrew noun tzitzit is the name for specially knotted ritual fringes worn by observant Jews. Tzitzit are attached to the four corners of the tallit and tallit katan.-Etymology:The word may derive from the semitic root N-TZ-H...
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.
- The phrase "An eye for an eyeAn eye for an eyeThe meaning of the principle, an eye for an eye, is that a person who has injured another person receives the same injury in compensation. The exact Latin to English translation of this phrase is actually "The law of retaliation." At the root of this principle is that one of the purposes of the...
, 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. 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 ( 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 tortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
cases. (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 RuthBook of RuthThe Book of Ruth is one of the books of the Hebrew Bible, Tanakh, or Old Testament. In the Jewish canon the Book of Ruth is included in the third division, or the Writings . In the Christian canon the Book of Ruth is placed between Judges and 1 Samuel...
appears to contradict the prohibition of DeuteronomyDeuteronomyThe Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
23:3–4 against marrying MoabiteMoabiteMoabite may refer to:*a person from Moab, the former country of the Moabite people, currently located in the area of Jordan east of the Dead Sea*the Moabite language, an extinct Canaanite dialect once spoken in Moab...
s – the Oral Torah explains that this prohibition is limited to Moabite men.
Dissenting views
Sadducees
SadduceesSadducees
The Sadducees were a sect or group of Jews that were active in Ancient Israel during the Second Temple period, starting from the second century BC through the destruction of the Temple in 70 AD. The sect was identified by Josephus with the upper social and economic echelon of Judean society...
rejected the Pharisaic
Pharisees
The Pharisees were at various times a political party, a social movement, and a school of thought among Jews during the Second Temple period beginning under the Hasmonean dynasty in the wake of...
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
Temple
A temple is a structure reserved for religious or spiritual activities, such as prayer and sacrifice, or analogous rites. A templum constituted a sacred precinct as defined by a priest, or augur. It has the same root as the word "template," a plan in preparation of the building that was marked out...
practice. It must be noted that most aspects of Sadduceean law and methods of interpretation are not known.
Essenes
EssenesEssenes
The Essenes were a Jewish sect that flourished from the 2nd century BCE to the 1st century CE which some scholars claim seceded from the Zadokite priests...
, a monastic group of people, had a “monastic organization”. Though they had non-biblical rules, and customs, they reject much of the oral traditions.
Christians
Within Christianity, Roman Catholic and Orthodox churches see the oral tradition as being transformed by Jesus Christ both in content (MarkGospel of Mark
The Gospel According to Mark , commonly shortened to the Gospel of Mark or simply Mark, is the second book of the New Testament. This canonical account of the life of Jesus of Nazareth is one of the three synoptic gospels. It was thought to be an epitome, which accounts for its place as the second...
7:7–9) and in agency (Matthew
Gospel of Matthew
The Gospel According to Matthew is one of the four canonical gospels, one of the three synoptic gospels, and the first book of the New Testament. It tells of the life, ministry, death, and resurrection of Jesus of Nazareth...
18:18 and Acts 10:14) to become the new Sacred Tradition
Sacred Tradition
Sacred Tradition or Holy Tradition is a theological term used in some Christian traditions, primarily in the Roman Catholic, Anglican, Eastern Orthodox and Oriental Orthodox traditions, to refer to the fundamental basis of church authority....
. This view sees a certain continuity in the tradition, with Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
having the authority to break some traditions, as seen in Matthew
Gospel of Matthew
The Gospel According to Matthew is one of the four canonical gospels, one of the three synoptic gospels, and the first book of the New Testament. It tells of the life, ministry, death, and resurrection of Jesus of Nazareth...
15:1, 2, 7–11, and to establish others, as in John
Gospel of John
The Gospel According to John , commonly referred to as the Gospel of John or simply John, and often referred to in New Testament scholarship as the Fourth Gospel, is an account of the public ministry of Jesus...
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 JudaismKaraite Judaism
Karaite Judaism or Karaism is a Jewish movement characterized by the recognition of the Tanakh alone as its supreme legal authority in Halakhah, as well as in theology...
or Karaism is a Jewish denomination
Jewish denominations
Jewish religious movements , sometimes called "denominations" or "branches", include different groups which have developed among Jews from ancient times and especially in the modern era among Ashkenazi Jews living in anglophone countries...
which arose about the time of the completion of the Talmud. It is characterized by the rejection of the "Oral Torah" and Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
, and, on its reliance on the Tanakh
Tanakh
The Tanakh is a name used in Judaism for the canon of the Hebrew Bible. The Tanakh is also known as the Masoretic Text or the Miqra. The name is an acronym formed from the initial Hebrew letters of the Masoretic Text's three traditional subdivisions: The Torah , Nevi'im and Ketuvim —hence...
as scripture.
Some Karaites strive to adhere only to the p'shat (plain meaning) of the text
Literature
Literature is the art of written works, and is not bound to published sources...
. 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.
Prohibition to write the Oral Torah
The laws transmitted to Moses were contained in the TorahTorah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
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.
Following the destruction of the Second Temple
Second Temple
The Jewish Second Temple was an important shrine which stood on the Temple Mount in Jerusalem between 516 BCE and 70 CE. It replaced the First Temple which was destroyed in 586 BCE, when the Jewish nation was exiled to Babylon...
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.
Thus, around 200 CE, a redaction of oral law in writing was completed. Rabbinic tradition ascribes this effort to Rabbi Judah haNasi
Judah haNasi
Judah the Prince, or Judah I, also known as Rebbi or Rabbeinu HaKadosh , was a 2nd-century CE rabbi and chief redactor and editor of the Mishnah. He was a key leader of the Jewish community during the Roman occupation of Judea . He was of the Davidic line, the royal line of King David, hence the...
. 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
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
) in the two centers of Jewish life, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and Babylonia
Sassanid Empire
The Sassanid Empire , known to its inhabitants as Ērānshahr and Ērān in Middle Persian and resulting in the New Persian terms Iranshahr and Iran , was the last pre-Islamic Persian Empire, ruled by the Sasanian Dynasty from 224 to 651...
. The Gemara with the Mishnah came to be edited together into compilations known as the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
.
Many of the legalistic terms and concepts found in Rabbinic literature have antecedents in the Dead Sea Scrolls
Dead Sea scrolls
The Dead Sea Scrolls are a collection of 972 texts from the Hebrew Bible and extra-biblical documents found between 1947 and 1956 on the northwest shore of the Dead Sea, from which they derive their name...
. This is especially true in the Halachic Letter (Miqsat Ma'ase Ha-Torah
4QMMT
4QMMT , also known as the Halakhic Letter, is one of the Dead Sea Scrolls that were discovered at Qumran in the West Bank. The manuscript is mainly concerned with the issue of the purity of liquid streams, a matter of great debate between the Pharisees and the Sadducees in later rabbinic...
/ Qumran Cave 4).
Ramification of Jewish law
Oral law was the basis for nearly all subsequent Rabbinic literature. It is therefore intricately related to the development of HalakhaHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
. 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 "LawHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
[given] to Moses from Sinai
Mount Sinai
Mount Sinai , also known as Mount Horeb, Mount Musa, Gabal Musa , Jabal Musa meaning "Moses' Mountain", is a mountain near Saint Catherine in the Sinai Peninsula of Egypt. A mountain called Mount Sinai is mentioned many times in the Book of Exodus in the Torah and the Bible as well as the Quran...
", 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
Tefillin
Tefillin also called phylacteries are a set of small black leather boxes containing scrolls of parchment inscribed with verses from the Torah, which are worn by observant Jews during weekday morning prayers. Although "tefillin" is technically the plural form , it is loosely used as a singular as...
be dyed black.
See also
- Oral historyOral historyOral history is the collection and study of historical information about individuals, families, important events, or everyday life using audiotapes, videotapes, or transcriptions of planned interviews...
- Oral LawOral lawAn oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted....
- Oral traditionOral traditionOral tradition and oral lore is cultural material and traditions transmitted orally from one generation to another. The messages or testimony are verbally transmitted in speech or song and may take the form, for example, of folktales, sayings, ballads, songs, or chants...
- Traditional knowledgeTraditional knowledgeTraditional knowledge , indigenous knowledge , traditional environmental knowledge and local knowledge generally refer to the long-standing traditions and practices of certain regional, indigenous, or local communities. Traditional knowledge also encompasses the wisdom, knowledge, and teachings...
- Uncodified constitution
- Karaite
- Rabbinic JudaismRabbinic JudaismRabbinic Judaism or Rabbinism has been the mainstream form of Judaism since the 6th century CE, after the codification of the Talmud...
- Rabbinic literatureRabbinic literatureRabbinic literature, in its broadest sense, can mean 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 writing, and thus corresponds with the Hebrew term...
- Debate over oral Torah
External links
- The Oral Tradition, RabbiRabbiIn Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
Aryeh KaplanAryeh KaplanAryeh Moshe Eliyahu Kaplan was a noted American Orthodox rabbi and author known for his "intimate knowledge of both physics and kabbalah." He was lauded as an original thinker and prolific writer, from studies of the Torah, Talmud and mysticism to introductory pamphlets on Jewish beliefs and... - The Torah She’Baal Peh, Rabbi Herschel Schachter
- On the Matter of Masorah, Rabbi Herschel Schachter
- Proofs Of An Oral Torah, Rabbi Gil StudentGil StudentGil Ofer Student is the Managing Editor of Orthodox Union Press, and an Orthodox Jewish blogger who writes about the interface between different facets of Judaism, specifically Orthodox Judaism and Modern Orthodox Judaism, including modern, controversial topics...
- FAQs about The Oral Law
- The History and Transmission of the Jewish Traditions, Mordechai Housman
- What is the Oral Law?, faqs.org
- The Oral Torah – The Oral law in Judaism