The rabbis recognized that the oral Torah has laws with no scriptural basis TB Haggigah 10
The first
Mishna in Pirke Avot begins “Moses received the Torah at Sinai and handed it
onto Joshua; Joshua to the elders; the elders to the prophets; and the prophets
handed it on to the men of the Great Assembly.” (My translation-gg) There are
two important points the author of this Mishnah wants to emphasize. Notice the
Mishnah doesn’t say Moses received the written Torah, but just Torah, meaning
both the written Torah and the oral Torah. The oral Torah complements and
explains the written Torah. The second important piece of knowledge the Mishnah
imparts is the reliability of the oral Torah because it was passed down
faithfully throughout the generations by the leaders of the Jewish people.
Because the times necessitated it, the oral Torah was committed to writing. First
the Mishnah was edited in its final form in the year 200 CE and the Babylonian Gemara
in the year 500 CE. The Mishnah and the Gemara make up the Talmud which is the
product of writing down the oral Torah.
Throughout our
history not all the Jewish people accepted these two theological principles.
The Samaritans, the Sadducees, and the Karaites denied the idea of the oral law
and rejected rabbinical Judaism. Consequently, the rabbis wanted to make sure
the theological underpinning of the oral law was clear and accessible to their
flock so they wouldn’t dissuaded by these other sects of Jews.
With the
destruction of the second Temple in Jerusalem, the rabbis understood they had
to refashion Judaism to meet the new realities of life without the sacrificial
cult. Although they never gave up the hope that the Temple would be rebuilt and
the sacrificial cult would be restarted, they created what is now known as
rabbinic Judaism. I think that the Mishna on daf TB Haggigah 10 shows that the rabbis were aware how
instrumental they were in reimagining Judaism. The Mishnah describes three
types of halakha from those who have
no scriptural basis to those who have plenty of scriptural support. The Gemara
clearly states that each type of halakha is part and parcel of Torah. “The mishna taught: These
[hen hen] are the essential parts of the Torah. The Gemara asks: These,
the topics mentioned in the mishna, which are not written explicitly but for
which there is ample basis in the Torah, yes, they are the essential
parts of Torah, whereas those other categories listed in the mishna that
are written explicitly, no, they are not essential? Rather, one
must say that both these and those [hen vehen] are the
essential parts of the Torah. Every part of the Torah is essential, whether
or not it is written explicitly.” TB Haggigah 11b, Sefaria.org translation)
“The halakhot
of the dissolution of vows, when one requests from a Sage to dissolve
them, fly in the air and have nothing to support them, as these halakhot
are not mentioned explicitly in the Torah. There is only a slight allusion to
the dissolution of vows in the Torah, which is taught by the Sages as part of
the oral tradition.
The halakhot
of Shabbat, Festival peace-offerings, and misuse of consecrated property are
like mountains suspended by a hair, as they have little written
about them in the Torah, and yet the details of their halakhot
are numerous. The details of monetary law, sacrificial rites,
ritual purity and impurity, and the halakhot of those with whom
relations are forbidden all have something to support them, i.e.,
there is ample basis in the Torah for these halakhot, and these are
the essential parts of Torah.”
(Sefaria.org translation)
Clearly the rabbinic approach saved Judaism
from extinction by being flexible and able to reinterpret Judaism. They
reinterpreted read old ideas and read new insights into Torah. As a Conservative
Rabbi, I think Conservative Judaism at its best tries to follow the example of
the rabbis by being able to meet the challenges of the 21st century
and add new meaning in the Torah even if it means that some of our halakhot “fly in the air and have
nothing to support them.”
No comments:
Post a Comment