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Summer11b Layout 1 5/27/11 12:32 PM Page 54 Summer11b_Layout 1 5/27/11 12:32 PM Page 54 By Michael Rosensweig Mesorah as Halachic Source and Sensibility ewish tradition asserts that the decrees, the ordinances, and the teach- are rendered accessible or decipher- greatest moment and most impor- ings that Hashem gave, between Him- able only by means of the mesorah and Jtant event in history was not the self and the children of Israel, at Mount methodology of the oral tradition. The creation of the world but the Revela- Sinai, through Moshe,” the Sifra com- Gemara in Eruvin (21b) describes this tion of the Torah (Matan Torah). Rab- ments: This teaches that two Torahs phenomenon: “His locks are curled”– binic sources perceive the giving of the were given to the Jews–one written this teaches that it is possible to ex- Torah at Mount Sinai as both the cli- and one oral. This principle forms the pound mounds of laws from every max and telos of Creation. Strikingly, basis for the pivotal idea of mesorah, single stroke in the Torah’s letters. the midrash articulates this view even the received tradition of Jewish law Clearly, the Torah sees great benefit as it interprets the account of Creation and values that complements the Di- both in the dual perspectives of the itself, noting that the very term vine text that was given at Sinai. Oral and Written Torot, as well as in bereishit (in the beginning) signifies the The two components of Torah— their integration. anticipation of Revelation: “For the mesorah and text—seem to represent a It is evident that the respective des- sake of the Torah, which is called the study in contrast, but are in fact mutu- ignations of Oral and Written Torah beginning.” Halachah mandates that ally enhancing. The Written Torah was transcend descriptive labels. Chazal the Jewish people maximize their con- revealed as a fixed text whose form meant to succinctly convey the impor- nection to the experience of Revelation was to be preserved unaltered. It is a tance of two different perspectives. and intensify their commitment to the Divine text that yields multiple truths The Written Torah underscores the content of Revelation by means of rig- and a variety of interpretations, some- concept of an unchanging text in orous Torah study and punctilious times referred to as the seventy faces of which spelling, structure, and form are Torah observance. Torah life consti- Torah (see also Sanhedrin 34a). Ac- invested with halachic and homiletic tutes a Divine gift to the Jewish people, cording to the Ramban, the letters of significance. A sefer Torah that is im- a cherished opportunity, the gateway the Divine text embody metaphysical properly transcribed is disqualified to a spiritually rich and meaningful ex- significance as well, recombining into even if the changes apparently do not istence. (See Mishnah, Makkot 23b; Ko- different manifestations of the Divine alter the meaning of the text. Indeed, helet 12:13.) name. The oral tradition, in contrast, absolute attention to proper form may The singular character of halachic though equally of Divine origin and au- come even at the expense of substance, life can best be apprehended and ap- thority, was entrusted to Moshe as the phenomenon of “kri vktiv,” preciated in light of the Torah’s unique Rabbeinu and by extension to his suc- (written one way and vocalized an- perspective on the content and cessors, the chachmei hamesorah of other way) demonstrates. The Oral methodology of Revelation. Chazal de- each subsequent generation, as a re- Torah reflects a very different empha- velop the thesis that is axiomatic to ceived oral tradition consisting of prin- sis. It derives its special significance Jewish law and thought that Matan ciples, details, and values. The mesorah from its conceptual content rather than Torah was two-tiered: consisting of was intended to be conveyed by means its specific formulation. Indeed, exag- oral and written components. Com- of a distinctively human process con- gerated allegiance to a particular for- menting on the unusual spelling of the sisting of painstaking transmission of mulation may occasionally prove word vehaTorot, which conveys both a data and halachic methodology, as well inhibiting and counterproductive. The singular and plural meaning in the as the rigorous analysis and application thesis articulated by the Shulchan verse (Vayikra 26:46) “These are the of that tradition. Aruch HaRav (Hilchot Talmud Torah, The two components of Torah op- Kuntres Aharon) that one can fulfill the erate both independently and in tan- mitzvah of talmud Torah by simply Rabbi Dr. Michael Rosensweig occupies the dem. Often the oral mesorah provides reading the text of Torah Shebichtav Nathan and Perel Schupf Chair in Talmud at the Rabbi Isaac Elchanan Theological Semi- the key to unlock the mysteries or am- even absent comprehension, while nary and is a rosh yeshivah in the Yeshiva biguities of the Divine text. Content or such a gesture employed with respect Program/Mazer School of Talmudic Studies concepts embedded in the unusual to Torah Shebe’al Peh would constitute of Yeshiva University. form or spelling of the Written Torah a fruitless endeavor highlights the dis- 54 I JEWISH ACTION Summer 5771/2011 Summer11b_Layout 1 5/27/11 12:32 PM Page 55 tinctive character of these two Torot. The twin halachic in- junctions that ideally prohibit the transcription of the oral mesorah and proscribe the oral citation of the Written Torah (Gittin 60a) demonstrate the indispensability of each dimension. While each component of Revelation is crucial, it is noteworthy that it is the Oral Law, entrusted to the chachmei hamesorah, shaped and enhanced by human ef- fort and input, that is preeminent. The Gemara (Gittin 60b) articulates this unambiguously both with respect to it being a prerequisite to the covenantal bond with Hashem, as well as with regard to its inherent spiritual value: “God only established a covenant with Israel for the sake of the Oral Torah.” The Midrash Tanchuma (Shemot 24:7) ex- plains that the reluctant posture of the Jewish people to accept the Torah without some measure of coercion (“Cov- ered them with a mountain like a barrel”) stems from the higher demands and more intense commitment of the oral mesorah, which are depicted as the ultimate manifestation of love of Hashem: “Because no one learns it who does not love God with all his heart, soul and might.” What accounts for the axiological priority of the Oral Law? We may better appreciate the special character of the oral tradition by briefly examining its comprehensive scope and singular nature. The continuation of the Midrash Tanchuma provides some direction. The midrash perceives the Written Torah as a repository of broad values and general religious principles. However, as a fixed and fi- nite text lacking great detail, it does not impose excessive religious obligations or intrude pervasively on the appar- ently neutral aspects of one’s life. The fledgling Klal Yisrael could easily embrace this level of commitment. It is the Oral Law, both in interpretive conjunction with the Writ- ten Torah and independently by means of the halachic content that exclusively stems from the mesorah, that is re- sponsible for an extremely ambitious halachic system that regulates every aspect of life, suffusing the neutral and sec- ular with sanctity, kedushah. Chazal articulate these themes clearly (Tanchuma, op cit; Gittin 60a): “The major- ity of Torah is oral and the minority written; the Written Torah contains generalities and the Oral Torah specifics . You will not find the Oral Torah among one who seeks the joys of this world, desire, honor and greatness in this world rather only among one who kills himself on it.” While the Written Torah gives direction and provides inspiration, the mesorah of the Oral Torah imbues the vision with detail and substance. While this perspective explains some aspects of the di- alectical relationship between the two components of Revelation, the need for both elements, and the preemi- nence of the Oral Law, it does not yet explain adequately why the Torah was structured in this manner, nor does it illuminate why the mesorah of Torah Shebe’al Peh occu- pies so central a role in the interpretation and determina- tion of the most basic and fundamental categories of Jewish law and life. Furthermore, considerations of effi- ciency and comprehensiveness do not sufficiently explain the prohibition to document the massive material of the oral tradition, nor do they justify how the idea of mesorah Summer11b_Layout 1 5/27/11 12:32 PM Page 56 as a chain of transmission entrusted to date of Shavuot, the requisite amount and principles in wider internal con- the chachmei hamesorah across the of days for eating matzah, and the text by providing additional detail and generations came to be perceived as an physical requirements and dimensions insight, particularly regarding the in- important value and sensibility beyond of a sukkah. terrelationship of various variables and the specific content of transmission, as Lest one speculate that absolute re- factors. Precisely the most universal we shall soon elaborate. liance upon mesorah is limited to areas and basic institutions of halachic life Even a cursory survey demon- of ritual or religious law, one only need demand the framework and perspec- strates that the Written Torah inten- to peruse Parashat Mishpatim, the tive of mesorah, lest the singular Torah tionally obscured many of the most locus of dinei nezikin, the laws of dam- perspective on these issues become central aspects of Jewish life forcing ages. Nothing is more universal and in- confused or simply blurred. reliance upon the methodology and herently rational than rules governing The vigorous opposition to the Tze- content of mesorah.
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