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Texts and Traditions A Source Reader for the Study of Second Temple and Rabbinic Judaism COMPILED, EDITED, AND INTRODUCED BY Lawrence H. Schiffinan KTAV PUBLISHING HOUSE, INC. 1998 518 Texts and Traditions Chapter 10: Mishnah: The New Scripture 519 tory only those observances which are in the written word, but need not ancient customs. For customs are unwritten laws, the decisions approved observe those which are derived from the tradition of our forefathers. by ~en of old, not inscribed on monuments nor on leaves of paper which the moth destroys, but on the souls of those who are partners in 10.2.2 Philo, The Special Laws IV, 143-150: 40 the. same c~tizenship. For children ought to inherit from their parents, Written and Unwritten Law besides their property, ancestral customs which they were reared in and Philo discusses both the immortality of the written law} and the obligation have lived with even from the cradle, and not despise them because they of observing the customs, the unwritten law. Although the Greek world had a h~ve been handed down without written record. Praise cannot be duly concept of unwritten law, Philo's view is clearly informed by Jewish tradition given to one who obeys the written laws, since he acts under the admoni­ and by the Pharisaic concept of tradition. tion of restraint ~nd the fear of punishment. But he who faithfully observes the unwritten deserves commendation, since the virtue which he ~ displays is freely willed. Another most admirable injunction is that nothing should be added or 10.2.3 Mark 7: The Pharisees and Purity taken away,41 but all the laws originally ordained should be kept unaltered just as. they were. For what actually happens, as we clearly see, is that it is This passage from the New Testament testifies to the Pharisaic customs of the unjust which is added and the just which is taken away, for the wise washing the hands before eating and of requiring the purification of vessels. legislator has omitted nothing which can give possession of justice whole This passage suggests that the Pharisees followed the requirement of eating and complete. Further he suggests also that the summit of perfection had non-sacred meals in a state of purity similar to that of the priests. Such oral been reached in each of the other virtues. For each of them is defective in laws were as much a part of Pharisaic-Rabbinic practice as was the written nothing, complete in its self-wrought consummateness, so that if there be law. any adding or taking away, its whole being is changed and transformed into the opposite condition.... In the same way too if one adds anything small or great to the queen of 7:1 Now when the Pharisees gathered together to him, with some of virtues' piety or on the other hand takes something from it, in either case the scribes, who had come from Jerusalem, 2 they saw that some of his he will change and transform its nature. Addition will beget superstition . disciples ate with hands defiled, that is, unwashed. 3 (For the Pharisees and subtraction will beget impiety, and so piety too is lost to sight, that sun whose rising and shining is a blessing we may well pray for, because it <and all the Jews, do not eat unless they wash their hands, observing th~ is the source of the greatest of blessings, since it gives the knowledge of · tradition of the elders; 4 and when they come from the market place, they the service of God, which we must hold as lordlier than any lordship, do not eat unless they purify themselves; and there are many other tradi­ more royal than any sovereignty. Much the same may be said of the other tions which they observe, the washing of cups and pots and vessels of 43 virtues, but as it is habit to avoid lengthy discussions by abridgment I will ·~~ze. ) 5 And the Pharisees and the scribes asked him, "Why do your content myself with the aforesaid examples which will sufficiently indicate 1sc1ples not live according to the tradition of the elders, but eat with what is left unsaid. ands defiled?" 6 And he said to them, "Well did Isaiah prophesy of you Another commandment of general value is "Thou shalt not remove pocrites, as it is written, thy Neighbor's landmarks which thy forerunners have set up."42 Now this 'This people honors me with their lips, law, we may consider, applies not merely to allotments and boundaries of ., but their heart is far from me; land in order to eliminate covetousness but also to the safeguarding of i. 7 in vain do they worship me, 40. Trans. F. H. Colson, Philo (Loeb Classical Library; Cambridge: Harvard Univeriity teaching as doctrines the precepts of men.'44 Press, 1968), vol. 8, 97-103. 41. Deut. 4:2. '43. A reference to the Pharisaic-Rabbinic laws pertaining to the purification of.vessels. 42. Deut. 19:14. 44. Is. 29:13, according to the Septuagint. 536 Texts and Traditions Chapter 10: Mishnah: The New Scripture 537 sustain himself; the man with the small change could spend and sustain himself.... "Every support of water" (Is. 3:1): This refers to the Masters of Rabbi Abba bar Kahana went to a place and he found Rabbi Levi sit­ aggadah, for they draw the hearts of men like water by means of aggadah. ting and expounding: ''A man to whom God gives riches, property and 10.5.2 Jerusalem Talmud I:.Iagigah 1:8 (76a): wealth so that his soul does not lack anything he may desire, but God does Revelation of the Oral Law126 not permit him to eat of it, for a foreigner will eat of it" (Eccl. 6:2). "Does This passage shows how the Rabbis understood both halakhah and aggadah not permit him to eat of it" refers to a Master of Aggadah who does not to be part of the oral Torah, given by God at Sinai. forbid and does not permit, does not declare pure and does not declare impure.... {:& 10.5.4 Jerusalem Talmud Sheqalim 5:1 (48c): Rabbi Joshua ben Levi said," 'Upon them'-'And upon them'; 'all'­ Separation of Halakhah and Aggadah129 'according to all'; 'words'-' the words.' Scripture, Mishnah, Talmud, hala­ khah, and aggadah. Even that which an experienced student will teach, The role of Rabbi Akiva in organizing the separate disciplines of aggadah has already been taught to Moses at Sinai."127 and halakhah is asserted here, although some held that these approaches were already distinguished by the Persian period. Modern scholars assume that 10.5.3 Jerusalem Talmud Horayot 3:5 (48c): these distinctions were made only in the tannaitic period. The Power of Aggadah128 These amoraic passages emphasize the power of aggadah to provide an m understanding even deeper than that of Talmud, logical deduction from legal Rabbi Jonah said: "It is written, 'Therefore I will give him a portion teachings. Further, the text notes the non-halakhic character of aggadah which with the great, and with the mighty shall he divide the spoils' (Is. 53:12). cannot lead to legal rulings. This refers to Rabbi Akiva who organized the learning of Midrash, Hala­ khah, and Aggadah." But some say: "The Men of the Great Assembly organized these. So Rabbi Samuel son of Rabbi Yose son of Rabbi Abun expounded: "A what did he organize? [Rabbi Akiva] organized generalizations and partic­ rich man is wise in his own eyes, but an understanding poor man will ularizations." 130 probe him" (Prov. 28: 11). "A rich man" refers to a Master of the Talmud. "But an understanding poor man will probe him" refers to a Master of 10.6 THE REDACTION OF THE MISHNAH Aggadah. [It is comparable] to two who entered a city. One had bars of gold and 10.6.1 Iggeret Rav Sherira Gaon 3: The Mishnah131 one had small change. The man with the bars of gold could not spend and Rav Sherira Gaon was the first post-talmudic authority to deal systemati­ ally with the question of how the Mishnah, Tosefta) baraitot and Talmud 126. Trans. S. Berrin. 127. Deut. 9:10, describing the writing on the tablets of the Ten Commandments, says, ere compiled. This section of his work deals with the Mishnah. "And on them was written according to all the words which the Lord spoke with you on the mountain." Rabbi Joshua noted that it does not simply say "Upon them" but ''And {:& upon them"; not simply "all" but "according to all"; not simply "words" but "the words." He says that these apparently superfluous words were added to teach that the revelation at 129. Trans. S. Berrio. Sinai included much more than the Ten Commandments themselves, namely, Scripture, 130. This latter opinion would date the organization of the corpus of tradition to the Mishnah, etc. ersian period rather than the Roman period. 128. Trans. S. Berrin. 131. Trans. Rabinowich, The Iggeres of Rav Sherira Gaon, pp. 20-32. 538 Texts and Traditions Chapter 10: Mishnah: The New Scripture 539 The days of Rabbi, 132 the son of Rab ban Simeon ben Gamliel, were an and he recited [Tractate] Uqzin again and again. Rabban Simeon hen opportune time. 133 Rabbi arranged ... 134 the Mishnah. The words of the Gamliel thought: 'Is someone asking questions about Uq~in?' He turned 140 Mishnah can be compared to the words of the Almighty to Moses: they his attention to it and studied it." were like a sign and a wonder.
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