Mishnah’s Rhetoric and the Social Formation of the Early Guild

Jack N. Lightstone The Formation Early Rabbinic Guild— Why does it Matter? • Almost all forms of from the Middles Ages until today find their foundation in the early ’ transformation of Judaism, effected between the late 2nd C CE and the late 6th C CE. • Before modernity, only one other (previous) party’s reformation of Judaism– that party associated with the late From ancient , biblical figures, and —attained www.hum.huji.ac.il/archae equally normative and ology/zippori/mosaic.htm# The%20Orpheus%20Mosa authoritative position.. ic The Formation Early Rabbinic Guild— Why does it Matter?

• The “Ezra-Nehemiah Party”—one God, one and one Temple altar (both under the authority of a priestly caste), one people, one agent of God’s revelation, • The early rabbinic guild enshrined rabbinic (as opposed to priestly) authority and rabbinic halakah (the “way,” i.e., rabbinic pertaining to all aspects of the religious, social, family, economic life), grounded in the notion of an (which is the complement and completion of the written Torah of Moses) of which early ( and ) are an authoritative but only partial representation; every the embodiment of oral Torah Questions which have occupied me for 30 years.

• “WHAT” QUESTIONS ABOUT THE EARLY RABBIS • What were the earliest rabbis? • What can we know of the formation of the early rabbinic guild? • How, when and where did the earliest rabbis and/or their guild come to “Mona Lisa” of Sepphoris exercise authority? (early 3rd C CE), Floor of Private Villa www.hum.huji.ac.il/archaeolo gy/zippori/mosaic.htm#The% 20Orpheus%20Mosaic Questions which have occupied me for 30 years.

• “HOW” QUESTIONS ABOUT AMASSING AND USING EVIDENCE • What is the available reliable evidence to answer any of the above? • How do we make that evidence speak to us in a Panel from mosaic floor, manner which is Roman basilica at Sepphoris www.geocities.com/Athens/Olympus/95 methodologically and 54/images.html theoretically sound? The Problem of Evidence • We are “awash” in early rabbinic literature dating from near 200 to 600 CE…, but … • Rabbinic literature contains no sustained biographies/ hagiographies of its founders, only some relatively late, hagiographic and anachronistic “aggadot” (morally edifying stories) of those remembered as the rabbinic guilds’ founding figures …compare Gospels and Hellenistic aretalogies, such as, Philotratus’ Life of Apollonius of Tyana. • The early rabbis have not produced any (even apologetic) “histories” of the early rabbinic guild … until 10th C Iggeret Sherira , … compare NT’s Book of Acts or Eusebius’ Historia Ecclesia • Nor does the early rabbinic guild any press from Roman historians. How can early rabbinic literature shed light on the formation of the rabbinic guild? • The Questions of Socio- Rhetorical Analysis… • What (professional) values/expertise are “modeled” in the way in which a rabbinic text goes about its business? • In the social, political, economic context of the texts authors and intended users, where would such an expertise fit? Who would buy and pay for such professional expertise? Floor, Bet-Alpha Synagogue, 6th C CE Where would it most likely have come from? www.mfa.gov.il/mfa/go- visual.asp?MFAJ091t0 Socio-rhetorical study of Mishnah, Why? • Earliest text of the nascent rabbinic guild, c. 200 CE. • Promulgated as the text the study and mastery of which marked one as a rabbi. • Study of M. remained central to becoming a rabbi until promulgation of the Babylonian Talmud (6th C). • Authorship of M. almost immediately attributed by the rabbis to (Rabbi) Judah the Patriarch, the head of Roman-authorized Mishnah, standard printed edition Jewish self-government in www.acs.ucalgary.ca/elsegal/ the Roman “Palestina.” TalmudMap/Mishnah.html What is Mishnah, on the surface?

• A legal “study” of Jewish Temple-centred state of which is the religious, political and judicial capital. • Sub-divided into 6 major “orders” (themes of orders: Agriculture, Holy days, Women and family, and judicial proceedings, Sacrifices, Purity/uncleanness). • “Orders” comprise 62 thematic tractates (excluding Abot), each comprised of topically-defined “chapters.” • Consistent style/rhetoric, using a limited array of literary techniques, throughout (Abot aside) Jerusalem in Madaba mosaic (565CE) • Not a commentary on http://www.israel- Pentateuchal law; does not mfa.gov.il/mfa/go.asp?MFAH00zf0 routinely cite scriptural law, although assumes the authority of scriptural law. A glance at Mishnah’s rhetorical style

Mishnah 1:1. One who brings a writ from a Mediterranean province–it is required that he should say: In my presence it was written and in my presence it was signed [by the witnesses]. R. says: Also one who brings [a writ] from Rekem and from Heger [must be able to so declare]. R. Eliezer says: Even [one who brings a writ] from Kefar Luddim to Lud [must be able to so declare]. And sages say: It is not required that he should say: In my presence it was written, and in my presence it was signed [by the witnesses]-- except him who brings [a writ] from a Mediterranean province and him who takes [a writ to a Mediterranean province]. And one who brings [a writ] from province to province in the Mediterranean provinces--it is required that he should say: In my presence it was written and in my presence it was signed [by the witnesses]. R. Simeon b. Gamaliel says: Even from district to district [within a single Mediteranean province must make such a declaration]. A glance at Mishnah’s rhetorical style

Mishnah Gittin 2:1 One who brings a writ from Mediterranean province, and one said: In my presence it was written, however not in my presence was it signed [by the witnesses]; in my presence it was signed [by the witnesses], however not in my presence was it written; in my presence it was written in its entirety, and in my presence it was signed in part; in my presence it was written in part, and in my presence it was signed in its entirety --[the writ] is unfit. One says:In my presence it was written, and one [i.e., another] says: In my presence it was signed--[the writ] is unfit. Two [bring writ and] say: In our presence it was written, and one says: In my presence it was signed--[the writ] is unfit. And R. Judah declares fit. One says: In my presence it was written, and two [i.e., both] say: In our presence it was signed--[the writ] is fit. A glance at Mishnah’s rhetorical style Mishnah Gittin 2:2 It [the writ] was written in the daytime and was signed in the daytime, [or was written] in the night time and was signed in the night time, [or was written] in the night time and was signed in the day time]-[the writ] is fit. [The writ was written] in the daytime and was signed in the night time--[the writ] is unfit. R. Simeon declares [such a writ] fit, for R. Simeon used to say: All writs that were written in the daytime and were signed in the night time are Mishnah with ’ Commentary, unfit, editio princeps, 1492, Jacob M. except for writs [of divorce] of Lowy Collection, National Library of women. Canada A glance at Mishnah’s rhetorical style is required to say: in my presence it was written; in my presence it was signed. cannot say: in my presence it was written; in my presence it was signed. said: in my presence it was written; not in my presence it was signed. said: in my presence it was signed; not in my presence it was written. in its entirety, in part; in part,in its entirety one, one; two, one; one, two Mishnah, seder qodashim, title page, Lemberg, 1875. Jacob M. Lowy Collection, day, day; night, night; night, day; National Library of Canada. day, night A glance at Mishnah’s rhetorical style

Mishnah 1:2 a cow which gave birth [to an offspring] like [one] from an ass: an ass which gave birth [to an offspring] like [one] from a horse: which gives birth is an ass and that which is born is an ass; a clean animal which gave birth [to an offspring] like [one] from an unclean animal; an unclean animal which gave birth [to an offspring] like [one] from a clean animal an unclean fish which swallowed a clean fish; a clean fish which swallowed an unclean fish; 1:3a an ass which had not given birth to any offspring and it gave birth to two males; Mishnah Bekhorot (with Maimonides’ a male and a female; commentary) from Babylonian Talmud, editio princeps, Venice 1522. Jacob M. Lowy Collection, National Library of Canada A glance at Mishnah’s rhetorical style

1:3b two asses which had not given birth to any offspring , and they gave birth to two males; a male and a female; or two males and a female; two females and one male; or two males and two females;

1:4a one [ass] had given birth to offspring, and one [i.e., another ass] which had Rambam’s commentary on Avot, not given birth to any offspring, printed Soncino, Italy, 1485 and they gave birth to two males; U. of Penn., Ctr. For a male and female (http://165.123.252.47/Archive/1/Law& Lore.htm) Literary/Rhetorical Mishnah’s Features

– Mishnah Tractates: • a series of coherent mini-”studies”of topics (“chapters”) on a given legal subject area (“tractates” e.g., writs of divorce) – Tractates’ chapters: • Appear to be a fairly exhaustive, logically autonomous treatment of a unified topic in which • the treatment of the subject matter is done in a literary unit displaying a tight, coherent set of literary and rhetorical “markers” • Same set of literary-rhetorical features/methods used throughout almost all of Mishnah Mishnah’s Literary/Rhetorical Features • “chapters” give the literary “appearance” of – exhaustiveness, comprehensiveness and closure on the chapter’s “topic,” – How? – via the repetition of phrases to the end of the treatment of the topic & recursive permutation of words & phrases to appear to cover all possible circumstances Mishnah’s Literary/Rhetorical Features • chapters” give the literary “appearance” of – autonomous, independent legal reasoning as parallel/complementary authority to the Pentateuch, – How? – via relative lack of scriptural citations, and ordering of subject matter unrelated to the ordering of matters in the Pentateuch--not ordered as scriptural commentary Mishnah’s Subject Matter

– Mishnah’s content almost entirely legal – represents and/or prescribes a “world” in which a single is the religious, administrative and judicial centre as the single legitimate system – makes reference to the existence of other institutions such as , but clearly sees them as alongside, subservient to, and operating within the Temple state. – therefore, M. contains (e.g., and divorce) which can operate without a Temple, but clearly places them “in context” of Temple state. What Mishnah is not. • M. is not a law code, nor does M. define a Judaic world in the aftermath of the destruction of the Temple-state. • Nor is it a compendium for the preservation of antecedent legal traditions. • not a law code, since: – it is not nearly comprehensive enough. – rhetorical features drive M. to deal often with cases that are highly theoretical, hypothetical, and improbable, or sometimes overly obvious – often registers more than one legal view – deals with a “world” which cannot be constructed in , editio princeps, reality in 200 CE –utopia. Venice, 1523. Jacob M. Lowy Collection, National Library of Canada What is Mishnah, and what professional expertise dies M. models/demand?

– a theoretical legal “study.” – demands mastery of a body of background legal knowledge and demands the penetration and independent mastery of the type the reasoning behind the rulings—again, demands a master. – models/instills the expertise to “classify” ever more specific “cases” with respect to whether one ruling or another applies--educates into precise and detailed “high-grid” “world-mapping,” as a professional expertise.