Idle Chatter Or Vital Chat? a Janus-Faced Talmudic Dictum
187 Idle Chatter or Vital Chat? A Janus-Faced Talmudic Dictum By: DAVID NIMMER* “Our complete Torah shall not be like your idle talk.” In three separate places, this distinctive phrase caps a story from rabbinic literature in which Rabban Yohanaṇ ben Zakkai dismisses a sectarian. The message in each instance is: Opponents of normative Judaism are such fools as to not even deserve the dignity of a response. Theirs is mere idle chatter. Thus have many distinguished rabbis across the ages deployed this dic- tum—for example, Rashba in the fourteenth century. And yet, other rabbis, of no less distinction than Rashba, have used the phrase in essentially the opposite sense. In particular, Joseph Saul Nathanson used the phrase to engage with the wisdom of other tradi- tions—indeed, in deciding how to apply Torah in 1860 Lemburg to copyright protection, he took the occasion to engage in a vital chat with the examples of Russian and Austrian laws. Thus arises a mystery. I. The Three Tales A. Fast Talk All three stories1 are found in the commentary to Megilat Ta‘anit, the old- est extant rabbinic text.2 Its cryptic language sets forth thirty-five calen- drical commemorations of minor victories on which fasting is prohibit- ed. Those events unfolded during the half-millennium from Ezra to Ca- * © 2019 by David Nimmer. I gratefully acknowledge our outstanding librarians at the UCLA School of Law, including Rachel Green, Gabe Juarez and Shang- ching Huitzacua. Profound gratitude again to Joel Zeff and further thanks for valuable comments from Ron Kleinman, Abraham Lieberman, Gary Linder, Neil Netanel, Marc Shapiro, David Stern, Yochanan Rivkin, and Avivah Zorn- berg.
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