Fundamentals of Judaism 101: Oral Tradition

Judaism 101 : The Oral
Tradition
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Lecturer: Yoel Ben-Avraham Date: Overhead sheet 1

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What is an Oral Law?
Oral tradition, oral culture and oral lore are messages or testimony 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. In this way, it is possible for a
society to transmit oral history, oral literature, oral law and other knowledges
across generations without a writing system.
For the purposes of some disciplines, a narrower definition of oral tradition

may be appropriate. Sociologists might also emphasize a requirement that the
material is held in common by a group of people, over several generations,
and might distinguish oral tradition from testimony or oral history. In a general
sense, "oral tradition" refers to the transmission of cultural material through
vocal utterance, and was long held to be a key descriptor of folklore (a
criterion no longer rigidly held by all folklorists).

How do we know there
is an Oral Law?
In many instances, the Torah refers to details not included in the written text,
thus alluding to an oral tradition. Thus, the Torah states, "You shall
slaughter your cattle… as I have commanded you" (Deut. 12:21),
implying an oral commandment concerning ritual slaughter (shechitah).
Similarly, such commandments as tefillin and tzitzit are found in the Torah,
but no details are given, and they are assumed to be in the Oral Torah.
Although observing Shabbat is one of the Ten Commandments, no
details are given as to how it should be kept, and these are also in the
unwritten tradition. God thus said, "You shall keep Shabbat holy, as I
have commanded your fathers" (Jeremiah 17:22).
Just as we depend on tradition for the accepted text, vocalization, and
translation of the Torah, so must we depend on tradition for its
interpretation.
The Written Torah cannot be understood without the oral tradition. Hence, if
anything, the Oral Torah is the more important of the two.

Function of an Oral Law
Since the Written Torah appears largely defective unless supplemented by

the oral tradition, a denial of the Oral Torah necessarily leads to the
denial of the divine origin of the written text as well…
The Oral Torah was originally meant to be transmitted by word of mouth. It

was transmitted from master to student in such a manner that if the
student had any question, he would be able to ask, and thus avoid
ambiguity. A written text, on the other hand, no matter how perfect, is
always subject to misinterpretation.
Furthermore, the Oral Torah was meant to cover the infinitude of cases
which would arise in the course of time. It could never have been written
in its entirety. It is thus written, "Of making many books there is no end"
(Ecclesiastes 12:12). God therefore gave Moses a set of rules through
which the Torah could be applied to every possible case.

Social Role of Oral Law
If the entire Torah would have been given in writing, everyone would be able
to interpret it as he desired. This would lead to division and discord
among people who followed the Torah in different ways. The Oral Torah,
on the other hand, would require a central authority to preserve it, thus
assuring the unity of Israel.
Since many non-Jews also accept the Bible as sacred, the Oral Torah is the
main thing that distinguishes Judaism and makes it unique. The Oral
Torah could therefore not be written until the non-Jews had adopted their
own religion based on the Bible. God thus said, "If I would have written
the majority of my Torah, [Israel] would be counted the same as
strangers" (Hosea 8:12).
The Oral Torah is therefore the basis of God's covenant with Israel. It is
even more dear to God than the Written Torah.

How was it transmitted?
 The Oral Torah is the means through which we devote our lives to God
and His teachings.
 God revealed all the details of how the commandments should be
observed while Moses was on Mount Sinai. God also revealed to Moses
many interpretations and laws that would not be used until much later.
These, however, were not taught to the people at large.
 There is a tradition that God taught Moses the written Torah by day and
the Oral Torah by night…
 Moses taught the Oral Torah to Aaron, his sons, and the Elders, in that
order. It is thus written, "Moses called Aaron, his sons, and the Elders of
Israel" (Leviticus 9:1). The laws were then taught to all the people and
reviewed, until each person had gone over them four times.
 Before his death, Moses again reviewed the Oral Torah and clarified any
ambiguous points. It is thus written, "Moses took upon himself to
expound this Torah" (Deut. 1:5).

Heuristics or Oral Law
Besides receiving many explanations and details of laws, Moses also

received hermeneutic rules for deriving laws from the Torah and for
interpreting it. In many cases, he was also given the cases in which these
rules cold be applied. Although the study of these rules was originally a
central part of the tradition, their details were gradually forgotten when
persecutions destroyed the great academies.
Laws and details involving common everyday occurrences were transmitted

directly by Moses. However, laws involving infrequently occurring special
cases were given in such a way as to be derivable from scripture by
hermeneutic rules. Otherwise, there would be danger that they would be
forgotten.

Types of Oral Laws
Laws which Moses taught directly are referred to as "Laws to Moses from Sinai" (halachot le-
Moshe mi-Sinai). These laws were carefully preserved from generation to generation, and for
this reason one never finds a dispute concerning them.
However, in the case of laws derived from hermeneutic rules or logic, occasional disputes can be
found. These include all the debates in the Talmud. The sages thus had the rule, "If it is law, it
must be accepted. But if it is derived, it can be debated."
The laws received directly and those derived by hermeneutic rules are equivalent in scope and
importance, and are approximately equal in number.
Both laws received orally and those derived by hermeneutic rules have the same status as laws
written in the Torah, and are counted as Torah commandments (mitzvot de-Orayta).
All laws which were derived from scripture or logic were formally accepted by the Sanhedrin.
They then became part of the Oral Torah and were transmitted from generation to generation.

Oral Law from Moses
All the laws received by Moses were transmitted orally from generation to generation
and needed no further proof or derivation from scripture. In some cases, however,
a scriptural or logical basis was provided for even such laws, so that they be
remembered better. This was especially true in the case of laws that were not
common knowledge.
Many oral laws were incorporated into the Bible in the works of the prophets.
God also gave Moses many rules regarding how and under what conditions to enact
new laws. Therefore, details of rabbinical laws are sometimes said to have
originated from Sinai.
All laws legislated by the Sanhedrin eventually became part of the oral tradition which
was transmitted from generation to generation.

Chain of Transmission
The Oral Torah was handed down by word of mouth from Moses to Joshua, then to
the Elders, the Prophets, and the Great Assembly. The Great Assembly was the
Sanhedrin led by Ezra, at the beginning of the time of the Second Temple, which
undertook to enact legislation that would make Judaism viable in the diaspora.

Chain of Transmission 2
The Great Assembly codified much of the Oral Torah in a form that could be
memorized by the students. This codification was known as the Mishnah. One
reason for this name was that it was meant to be reviewed (shana) over and over
until memorized. The word also denoted that the Mishnah was secondary (sheni)
to the Written Torah.

It was required that the oral tradition be handed down word for word, exactly as it had
been taught. The sages who taught this first Mishnah were known as Tannayim,
Tanna in the singular. This word comes from the Aramaic word tanna, equivalent
to the Hebrew shana meaning "to repeat."
Although the Oral Torah was meant to be transmitted by word of mouth, it was
permissible to keep personal records. Therefore, many individuals would write
down personal notes of what was taught in the academies. This was especially
true of teachings that were not often reviews. Many also added marginal notes to
the biblical scrolls which they used to study.
Similarly, the heads of the academies would keep written notes in order to preserve
the traditions accurately. However, since none of these notes was published, they
were known as "hidden scrolls" (megillot setarim).

During the generations following the Great Assembly, the Mishnah developed into a
program of study for the students to memorize. This was expanded by new
legislation and case law. This was known as the "first Mishnah" (Mishnah
Rishona).
As controversies began to develop, variations in the Mishnahs of the various masters

began to appear. At the same time, the order of the Mishnah was improved,
especially by Rabbi Akiva (1-121 CE). Certain parts of the Mishnah were placed in
almost their present form.
At this time, however, no part of the Oral Torah had been published. The only
exception were such minor works as the Scroll of Fasts (Megillat Taanit).

The final and most precise redaction of the Mishnah was made by Rabbi Yehudah
the Prince. This is the Mishnah that we have today, as part of the Talmud. The
work was completed in 3948 (188 CE).
The Mishnah consists of six orders, comprising 63 tracts.
In compiling his work, Rabbi Yehudah made use of the earlier Mishnah, condensing it
and deciding among various disputed questions. The sages of his time all
concurred with his decisions and ratified his edition. However, even rejected
opinions were included in the text, so that they be recognized as such and not
revived in later generations.

A Written Oral Tradition?
There is a question as to when the Mishnah was put in writing. Some authorities
maintain that Rabbi Yehudah himself published it. According to others, however, it
was preserved orally until several generations later.
There was a tradition that if there was danger that the Oral Torah be forgotten, it
could be put in writing. It is thus written, "It is a time to work for God, make void
His Torah" (Psalms 119:126). This also implies that when there is danger of the
Torah becoming voided and forgotten, it is a time to work for God and remedy the
situation…

Other Oral Traditions
Since the tradition required that the Oral Torah be written under certain
conditions, the commandment to write a Torah scroll now also includes an
obligation to write or purchase books of Mishnah and Talmud containing the
Oral Torah.
Besides the Mishnah, other volumes were compiled by the students of Rabbi
Yehudah during this period. These included the Tosefta which follows the
order of the Mishnah, as well as the Mechilta commentary on Exodus, the
Sifra on Leviticus, and the Sifri on Numbers and Deuteronomy. Works from
outside Rabbi Yehudah's school went by the name of Baraita.
Not too long after this, the Jerusalem Talmud (Talmud Yerushalmi) was
compiled by Rabbi Yochanan.

The Gemara
In ancient times, the practice was for students first to memorize the basics of the
Oral Torah, and then carefully to analyze their studies. During the period
preceding Rabbi Yehudah, the memorized laws developed into the Mishnah,
while the analysis developed into a second discipline known as the Gemara.
After the Mishnah was compiled, these discussions continued, becoming very
important in clarifying the Mishnah.
The Gemara developed orally for some 300 years following the redaction of the
Mishnah. Finally, when it came into danger of being forgotten and lost, Rav Ashi
(352-427 CE), together with his school in Babylonia undertook to collect all these
discussions and set them in order. Rav Ashi spent most of his life on this project
together with his colleague Ravina. After his death, his son, Mar bar Rav Ashi
(Tavyomi) continued the work along with Meremar. The Babylonian Talmud
(Talmud Bavli), as it is called, was published in the year 4265 (505 CE)

The Babylonian Talmud
The Babylonian Talmud was completed on 37 of the 63 tracts of the Mishnah.

Its main purpose was to clarify the Mishnah, establish which opinions are
binding, provide derivations for the laws, discuss later legislation, and
provide homilies and stories to enhance the discussions.
There were a total of 40 generations, comprising 1,817 years, from Moses until
the final redaction of the Talmud.
The Babylonian Talmud was accepted by all Israel as the final binding authority
in all questions of religion and law. All subsequent codifications of Torah law
are binding only insofar as they are based on the Talmud. To oppose even a
single teaching of the Talmud is to oppose God and His Torah.

Additional Resources
 Virtual Jewish Library : Oral Law

 Article : The Oral Tradition
 Wikipedis : Oral Law
 Wikipedia : Mishnah
 Wikipedia : Talmud


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Judaism 101 : The Oral

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 1

For the purposes of some disciplines, a narrower definition of oral tradition

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 2

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 3

Since the Written Torah appears largely defective unless supplemented by

The Oral Torah was originally meant to be transmitted by word of mouth. It

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 4

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 5

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 6

Besides receiving many explanations and details of laws, Moses also

Laws and details involving common everyday occurrences were transmitted

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 7

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 8

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 9

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 10

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 11

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 12

As controversies began to develop, variations in the Mishnahs of the various masters

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 13

The Mishnah consists of six orders, comprising 63 tracts.

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 14

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 15

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 16

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 17

The Babylonian Talmud was completed on 37 of the 63 tracts of the Mishnah.

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 18

 Virtual Jewish Library : Oral Law

Lecturer: Yoel Ben-Avraham Date: Overhead sheet 19

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