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Historical
Jewish Sources
Mishnah: Judaism's First Major
Canonical Document Following Torah
Torah - Or "TaNaKh", an acronym denoting these three sections:
- Torah (Teaching) - Nevi’im (Prophets) - Former (Deuteronomic
Code); Latter (Literary) - Ketuvim (Writings) Canonical Collection From
Post-Prophetic Age
Talmud - Documents that Comment and
Expand Upon Mishnah -
Mishnah 1st-2nd Century Rabbinic
Study Book of Laws/Values - Gamara (Agadah - Tales and Morals ; Halacha
- Code of Jewish Law) -
Babylonian ("Bavli") Gemara (200-600) - Palestinian ("Yerushalmi")
Gemara (200-500)
Midrash Exegetical Interpretation of the Torah's Text - Halakhah - Interpreting Law and Religious
Practice - Aggadah - Biblical Narrative ; Ethics,
Theology, Homily (200-1000)
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into Jewish Aramaic
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Overview: The Mishnah
A description of Judaism’s primary book of Jewish legal
theory
According to tradition, following the
destruction of the Second Temple in 70 CE, the many teachers of
Jewish law (halakhah) transmitted a growing and ever more
complex body of material known as oral Torah (Torah she’b’al peh). At the same time, tradition says, oppression
by Rome, reflected in the destruction of the Temple and the
defeat of the Bar Kokhba rebellion (135 CE), was causing the
oral Torah to be lost. As a consequence, Rabbi Judah the
Patriarch undertook to collect and edit a study edition of these
halakhot (plural) in order that the learning not vanish.
Interestingly, modern scholars have re-affirmed
the significance of the catastrophic defeats of the Jews by the
Romans. The scholarly twist, however, is that, at the end of the
second century CE, when Rabbi Judah the Patriarch (often
referred to simply as “Rabbi”) was on good terms with the Roman
imperial government, he published the Mishnah as a conscious
effort to ignore and displace the memories of destruction and
loss. Although the Temple had been destroyed 130 years prior to
its publication, in the world described by the Mishnah the
Temple still exists and the laws that governed it are expressed
in the present tense. Although the Talmud (the compendium of the
Mishnah and the Gemara, which interprets and comments on the
Mishnah) preserves traditions allegedly contemporaneous with the
Mishnah that refer to the Bar Kokhba rebellion and defeat, the
Mishnah itself ignores these. In this way, the Mishnah is a
document that describes a life of sanctification, in which the
rituals of the Temple are adapted for communal participation in
a world that has no Temple, which escapes the ups and downs of
history.
This idyllic world of the Mishnah, however, is
not a world of uniformity; far from it. The vast majority of
passages in the Mishnah contains a dispute between different
rabbinic sages. When does one begin the morning prayers? How
does one treat produce which may or may not have had the
priestly gifts separated from it? How does one constitute a
Jewish marriage? What are the limitations of the liability of
someone who watches another’s property? Can cheese and meat be
on the same table? How much drawn water invalidates a ritual
bath? On all of these issues and on thousands of similar issues,
the Mishnah includes various opinions.
This is because the Mishnah is not a code of
Jewish law; it is a study book of law. As the Mishnah itself
describes, in a rare self-reflective comment: “Why are the
opinions of the minority included with the opinions of the
majority even though the law is not like them? So that a later
court can examine their words and rely upon them” (Mishnah
Eduyot 1:3). While one could determine law based upon the
Mishnah, its intention was to train the sages in thinking
through the legal issues that inform the halakhah.
In editing the Mishnah, Rabbi Judah the
Patriarch worked with a variety of materials. Some halakhot of
the Tannaim, the sages from the time of the Mishnah, had
been transmitted to him organized around a particular sage, some
around particular verses, and others according to certain formal
characteristics. Signs of these pre-existing collections are
still apparent in the Mishnah. On the other hand, it is also
clear that Rabbi was not simply a collector. He selected his
sources from a larger pool of available material, and he
modified his sources, combining and editing materials to
facilitate memorization and to clarify the points of dispute
between the different sages.
The Mishnah is divided into six orders; each
order is divided into tractates; each tractate is divided into
chapters, and each chapter has a number of halakhot. This
structure became the template for all of subsequent Talmudic
literature. The first document to follow the Mishnah’s structure
was the Tosefta (supplement), which included many of the
materials that Rabbi left out. Collectively, the Tosefta, as
well as materials in works of Midrash (Scripture
interpretation), and materials preserved orally until their
appearance in the Talmud are called Baraitot (excluded
materials). The terms Tosefta and Baraitot, which implicitly
refer to the Mishnah, serve to emphasize the significance and
centrality of the Mishnah in Jewish culture.
HISTORY OF THE TALMUD - CHAPTER III.
THE DESTRUCTION OF THE TEMPLE--THE FALL OF
BETHEL--THE MASSACRE OF THE SAGES OF THE TALMUD, TILL THE WRITING OF THE
MISHNA IN THE BEGINNING OF THE THIRD CENTURY.
The Temple
had been destroyed; Rabban Gamaliel and many of his colleagues were
dead; the family of the Nasi extirpated, excepting only his son R.
Simeon, who succeeded to his father as Nasi and established a college at
Usha; and new persecutions, awful in their extent, were directed against
those who were engaged in the compilation of the Talmud. The sages, the
chief men of Israel, were slaughtered without pity by Trajan and his
successors through the entire period of fifty-two years from the
destruction of the Temple to the fall of Bethel. Some of these founders
of the Talmud who forfeited their lives for its sake are known to us
only by their names: R. Ishmael, Simeon b. Azai, Papus b. Jehudah,
Yishbab the Scribe, Huzpeth the Dragoman (interpreter), Jehudah the
Baker, Hananiah b. Tradion and Aqiba; the last, the main pillar of the
Talmud, and who contributed much to its diffusion and completion, died
with joy at being enabled to sacrifice his life for it.
One of the
causes of the great revolt against the Romans at this time was the
prohibition by the Roman government of the study of the Torah, wherein
alone the Jews found comfort, since only in their houses of learning
could they enjoy complete peace and freedom. But as the death penalty
had been decreed against all who occupied themselves with religious
study and observed its precepts, and as this prohibition deprived them
of their only source of consolation, they rebelled, led by Bar Kochba.
R. Aqiba was the first to become his adherent, who journeyed from town
to town, inciting the Israelites to rebel, and bringing them the message
that a saviour of Israel had arisen in Bar Kochba, the Messiah. It is
not surprising, therefore, that Hadrian, when he had ascended to the
throne, was not content barely with the massacre of the sages of the
Talmud, but was intent also on the destruction of the Talmud itself.
Unable to find a pretext for killing all the sages who kept it tip, he
decreed that if any of the old rabbis Should qualify a
young rabbi for Israel, both should be put to death, and the place in
which such took place should be destroyed, believing that with the death
of the elder generation the Talmud would be forgotten and Israel would
blend with the nations and its memory be obliterated; because he very
well knew that as long as the Talmud existed there was little hope for
the assimilation of the Jews with other nations. This decree, however,
was not executed, and his murderous plan was further frustrated by R.
Jehudah b. Baba, who, forewarned of the decree and comprehending its
consequences, betook himself to a place between two great mountains
between Usha and Shprehem and licensed six of the older men of R.
Aqiba's disciples to be rabbis (i.e., teachers of the Talmud): R.
Meir, R. Jehudah b. Elai, R. Jose b. Halaphta, R. Simeon b. Jochai, R.
Eleazar b. Shemua, and R. Nehemiah. Having done this, and feeling sure
that as long as these men lived the Talmud would be kept alive, he thus
addressed them: "Fly, my sons, and hide from the wrath of the enemy. I
alone will remain, and will offer my body to satiate their vengeance."
And in fact the Romans pierced his body with three hundred iron lances,
so that it resembled a sieve; but the newly consecrated rabbis were
saved, and with them the Talmud. (See Sanhedrin, p. 30.)
Thus the
efforts of Hadrian met with no success, so that at last he said to
himself: "Great is the sheep that stands among seventy wolves." He saw
the Talmud still existing, bringing to naught his plan for converting
the Jews, uniting Israel into one people, and establishing it still more
firmly as a national and a religious whole. For the six rabbis named
above very soon became the soul of Talmudic study; some of them were
with R. Simeon, the Nasi, in Shprehem, and others founded colleges of
their own. Through them the Talmud regained its former power and
influence, and one of them, R. Ilai, became the chief teacher of R.
Jehudah the Nasi, the compiler of the Mishna.
The
translation of the Bible (written law) into Greek also contributed very
much to the popularization of the Talmud. As long as the Torah was in
the sacred language only (for the Aramaic version of the time of Ezra
had been concealed or destroyed as early as the time of Rabban Gamaliel
the Elder, the son of Simeon who had been slain, or probably even during
the
life of the latter), 1
all Jewish sects and foreign scholars interpreted it in their own way.
But a wise Greek, a convert of Judaism, Aquila the Proselyte, who
received the doctrines of the Talmud from the disciples of R. Johanan b.
Zakkai and also from R. Aqiba, translated the Bible into Greek. This
version was not acceptable to the Jewish believers in Jesus (Messianists)--who
must already at that period have constituted a large sect--because their
construction of many passages in the Messianic spirit was flatly
disregarded by the new translation; nor to the Romans, because all
expressions seeming to imply the materiality of the Deity were
translated in a figurative sense--as for example, "the hand of the
Lord"; "the glory of the Lord," which the statue-worshipping Romans
could not endure with equanimity, and further because by this
translation the nature and doctrines of the Talmud became known to many
nations, who found no evil in it. In our opinion the version of Aquila
was the sole cause of the despatch of censors from Rome to revise the
Talmud, and these censors avowed that its teaching was true. Be it as it
may, in studying the history of the Talmud during the first three
centuries the reader is easily convinced of the great courage and
patience of the sages of the Talmud, For no year of that period passed
without trouble from its external as well as from its internal foes, as
R. Simeon b. Gamaliel, the Nasi of Jamnia, himself testifies. For even
after the death of Hadrian it enjoyed but a short respite, for Antoninus Pius
renewed the decree of Hadrian, and only with much trouble and at great
risk of his life did the Nasi succeed in inducing R. Simeon b. Jochai
and R. Josi to go with him to Rome to petition the Cæsar to repeal the
decree, which, according to the tradition of the Talmud, they effected
only through the intervention of "Ben Temalion" (a demon, according to
some; a man, according to others). And yet, in spite of this, during
this very period, the Talmud became so popular that every town wherein
Jews had their habitation possessed also a house of learning for the
study of the Talmud; so that everywhere it bloomed and flourished, and
bore the fruit of the Mishna, as we shall see in the next chapter." (Translated by MICHAEL L. RODKINSON Book 10 (Vols. I and II) [1918])
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