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The Oral Torah (or Oral Law or Oral Tradition) (Torah she-be'al peh תורה שבעל פה), according to Rabbinic Judaism, is Jewish (Torah) Law that was recorded in the Mishnah and Talmud. (See Oral law for broader application.)

Nature of the Oral Torah

According to classical Judaism, the books of the Tanakh (Hebrew Bible) were transmitted in parallel with an oral tradition, as relayed by the scholarly and other religious leaders of each generation. The "written law" (Torah she-bi-khtav תורה שבכתב) comprises the Torah and the rest of the Tanakh; the "Oral Law" (Torah she-be'al peh תורה שבעל תורה) was ultimately recorded in the Talmud and Midrash.

The understanding here is that Moses received all of the laws that would define the Jewish tradition, as well as the explanation of these laws. The interpretation of the Oral Law is thus considered as the authoritative reading of the "Written Law" (either the Torah or Tanakh or both). Further, Jewish Law is based on the premise that that the Written Law is inherently bound together with an Oral Law. Jewish law and tradition thus is not based on a literal reading of the Tanakh, but on combined oral and written traditions.

Internal evidence

The above is supported by much internal evidence both in the Torah itself, and in the later books of the Tanakh:

  • In the Torah, many terms are totally undefined, and many procedures mentioned without explanation or instructions, assuming familiarity on the part of the reader, with details from other, oral, sources.
    • Examples include: The discussion of shechitah (Kosher slaughter) in Deuteronomy 12 which states writes "...you shall kill of your herd and of your flock which God Lord has given you, as I have commanded you." whereas the Torah does not record that earlier commandment;
    • Deuteronomy 24 discusses the laws of divorce only in passing – they are assumed knowledge in a discussion about when remarriage would be allowed.
    • Knowledge of the laws of Shabbat and
    • Tefillin are similarly assumed by the text;
    • "An eye for an eye" cannot be carried out in practice, for both practical reasons and ethical reasons.

  • There are a number of cases in the Tanakh that either refer to the Oral Law directly, or that are consistent with the Torah's text, but only as read with the Oral Torah. Examples include:

Original prohibition to write the Oral Torah

The laws transmitted to Moses were contained in the Torah (Pentateuch) written down on scrolls. The explanation however, was not allowed to be written down. Jews were obligated to speak the explanation and pass it on orally to students, children, and fellow adults. It was thus initially forbidden to write and publish the Oral Law: written material would be incomplete and subject to misinterpretation (and abuse).

After great debate, however, this restriction was lifted. Following the destruction of the Second Temple and the fall of Jerusalem,it became apparent that the Palestine community and its learning were threatened, and that publication was the only way to ensure that the law could be preserved; see Timeline of Jewish history.

Thus, around 200 CE, Rabbi Judah HaNasi took up the redaction of oral law; it was compiled into the first written work of rabbinic Judaism, the Mishnah. Over the next four centuries this body of law, legend and ethical teachings underwent debate and discussion, or gemara, in both of the world's major Jewish communities (Israel and Babylon). The Gemara with the Mishnah came to be edited together into compilations known as the Talmud.

Development of Jewish law

Because Jewish Law, Halakha, must include codes of law and behavior applicable to virtually every imaginable circumstance, this body of teaching has subsequently developed throughout the generations in a constantly expanding collection of religious literature based on the Talmud. In antiquity, the Sanhedrin functioned essentially as the Supreme Court and legislature for Judaism, and had the power to create and administer binding law on all Jews - rulings of the Sanhedrin became Halakha. That court ceased to function in its full mode in the year 40 CE. Subsequently, the boundaries of Jewish law have been determined through "the halakhic process." Thus, although the Oral Law has been in a written form for almost 18 centuries, it is still referred to as Torah she-be'al peh.

Hidden mystical aspects of Torah

Torah knowledge, in addition to its "revealed" component ("nigleh" נגלה) as discussed above, comprises a "concealed" component ("nistar" נסתר), today recorded in the Aggada and Kabbalah. The nigleh deals with the mitzvot and halakha, as outlined; the nistar, on the other hand, discusses esoteric subjects such as creation, prophecy, the world to come, the Jewish Messiah, and similar abstruse themes.

Although the "nistar" is regarded as a component of the oral tradition, it is not always regarded as part of the "oral law". This is because this material was not recorded in an explicit, mishnah-like, medium; instead, it is presented in a "concealed mode" and via "paradoxes". When expounding halakha, the Torah sages spoke in distinct, understandable terms. On the other hand, higher and mystical ideas are not, necessarily, meant for the masses, and the mode of transmission here thus departs somewhat from that of the halakhic material. The aggadot are therefore presented as tales, folklore, historical anecdotes, moral exhortations, and business and medical advice, but may, generally, be interpreted allegorically. The Kabbalah, which deals with even deeper, esoteric knowledge, is further concealed and has been transmitted to elect individuals, and preserved only by a privileged few.

See also

References

External links

Jewish law and rituals | Jewish texts | Talmud | Torah

תורה שבעל פה

 

This article is licensed under the GNU Free Documentation License. It uses material from the "Oral Torah".

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