The Five Books of Moses, what most people call the Torah, are considered the most ancient and sacred possessions of the Jews and Judaism. The teachings written there form the original core of the Jewish understanding of the world, and especially their understanding of themselves and their relationship with God and with the world. Jews all over the world continue to study these teachings, formally and informally, directly from the written texts of these books, which are thousands of years old.
But the traditional view, which has been passed down over the generations, holds that this series of five most ancient and sacred books are only part (the central part) of God's instruction to the Israelites and their descendants, the Jewish people. According to the rabbis, the teachers who have been passing down the Jewish traditions for over two thousand years, this Written Torah () forms the core of God's teaching ("torah") to Israel and is supplemented by an Oral Torah (or Oral Law; ), which consists of that vast body of sacred Jewish teachings that were memorized and repeated orally and were not written down formally until much later.
According to The Talmud, the oral Torah was given to Moses at Mount Sinai, to accompany the written Torah, and is fully binding upon the Jewish people. This holistic Jewish code of conduct and body of sacred lore encompasses a wide swathe of rituals, worship practices, Godman and interpersonal relationships, from dietary laws to Sabbath and festival observance to marital relations, agricultural practices, and civil claims and damages, as well as vast quantities of sacred history and narrative.
According to Rabbinic Jewish tradition, the Oral Torah was passed down orally in an unbroken chain from generation to generation until its contents were finally committed to writing following the destruction of the Second Temple in 70 CE, when Jewish civilization was faced with an existential threat, by virtue of the dispersion of the Jewish people.
The major repositories of the Oral Torah are the Mishnah, compiled between 200–220 CE by Judah ha-Nasi, and the Gemara, a series of running commentaries and debates concerning the Mishnah, which together form the Talmud, the preeminent text of Rabbinic Judaism. In fact, two "versions" of the Talmud exist: one produced in the Galilee 300–350 CE (the Jerusalem Talmud), and a second, more extensive Talmud compiled in Jewish Babylonia 450–500 CE (the Babylonian Talmud).
Belief that at least portions of the Oral Torah were transmitted orally from God to Moses on Biblical Mount Sinai during the Exodus from Egypt is a fundamental tenet of faith of Orthodox Judaism, and was recognized as one of the Thirteen Principles of Faith by Maimonides.
There have also been historical dissenters to the Oral Torah, most notably the Sadducees and Karaites, who claimed to derive their religious practice only from the Written Torah. The Beta Israel, isolated from the rest of world Jewry for many centuries, also lacked Rabbinic texts until they immigrated from Ethiopia to Israel, in recent years.
Components of the Oral Torah
The term "Oral Torah" should not be understood as a monolith. The Jewish Encyclopedia divides the Oral Torah into eight categories, ranked according to the relative level of authoritativeness, which are found within the Talmud, the Tosefta and the halakhic Midrashim. Explanations of those laws of the written law, which are not fully intelligible without the explanations, and therefore presuppose an oral interpretation. Such explanations are connected in some way with Scripture. Ancient halakhot which have no connection with Scripture and can not be connected with it, thus deriving their authority only from the tradition which ascribes them to Moses on Sinai. (In the case of these two groups, it is impossible to ascertain which elucidations and rules were really given to Moses on Sinai, and which were added later.) Laws found in the prophetic books. Some of these originated at the time of the Prophets; but others are much older, perhaps having been transmitted orally, and committed to writing by the Prophets. They are called also "Dibre Ḳabbalah" (Words of Tradition). Interpretations and regulations defining many written laws, as well as new laws, formulated by the early scribes, beginning with the time of Ezra. These are called also "Dibre Soferim" (Words of the Scribes). Interpretations and regulations covering the written law, as well as new halakhot, which the Tannaim deduced from Scripture by means of hermeneutic rules or by logical conclusions. There are differences of opinion among the scholars in regard to most of these explanations and definitions; but they are of equal weight with the written law, and are called also "Debar Torah" (Regulation of the Torah). Customs and observances ("taḳḳanot") which were introduced at various times by different scholars. They are ascribed partly to Moses, partly to Joshua, but chiefly to the members of the Great Synagogue or the Soferim ("Scribes"), and are called also "Dibre Soferim" ("Words of the Scribes"). Statutes and decisions ("gezerot") decreed by the Sanhedrin or court, and generally accepted. Such laws could be abrogated only by another court greater than the first one in numbers and scholarship. Statutes and regulations for which the scholars had no tradition or allusion in Scripture, but which they accepted as standards after deriving them from the customs and laws of the country in which they were living. These are called "Hilkhot Medinah" (Statutes of the Country).
The laws in the last three groups were not considered equal in validity to the written law ("De'oraita"), but were regarded merely as rabbinical regulations ("de-rabbanan").
Historical development
Source and transmission
According to modern scholarship, the traditions embodied in what later became known as the "Oral Torah" developed over generations among the inhabitants of Judea and Israel and were passed down through various modes of cultural transmission, including but not restricted to oral transmission. It is hypothesized that, sometime prior to the Babylonian exile of 586–530 BCE, in applying the Mosaic code to daily life and Temple worship, "a multitude of usages arising out of practical necessity or convenience or experience became part of the routine of observance of the code, and, in the course of time, shared the sanctity and authority which were inherent in the divinely inspired code itself."
Such practices experienced exponential growth from the time of Ezra to the Romans' destruction of the Second Temple due to the changing social and religious conditions experienced by inhabitants of Judea. Many of these practices were advocated by the Pharisees, a sect of largely lower- and middle-class Jews who stood in opposition to the Sadducees, the priestly caste who dominated the Temple cult. The Sadducees rejected the legitimacy of the pharisaic extra-biblical traditions, as well as increasingly popular notions such as the immortality of the soul and divine intervention.According to Josephus, Antiquities XIII. x. 6, "The Pharisees have delivered to the people a great many observances by succession from their fathers which are not written in the law of Moses; and for that reason it is that the Sadducees reject them, and say that we are to esteem those observances to be obligatory which are in the Written Word, but are not to observe what are derived from the tradition of our forefathers." Danby notes the following:
It is a reasonable hypothesis that a result of this controversy—a controversy which continued for two centuries—was a deliberate compilation and justification of the unwritten tradition by the Pharisean party, perhaps unsystematic and on a small scale in the earlier stages, but stimulated and fostered from time to time both by opposition from the Sadducees and by internal controversy (such as, e.g., the disputes between the Houses of Hillel and Shammai) within the ranks of the Pharisees, culminating in the collections of traditional laws (Halakoth) from which the present Mishnah draws its material.
With the destruction of the Second Temple around 70 CE, the Sadducees were divested of their main source of authority, without which their theology could not survive. On the other hand, the Pharisees became the progenitor of the rabbinic class, who formalized the traditions of their predecessors. Following the fall of the Temple, it appears that the Pharisaic leader Johanan ben Zakkai (30–90 CE) settled in Yavneh, where he established a school that came to be regarded by fellow Jews as the successors of the Jerusalem Sanhedrin. Upon this Council of Jabneh fell the duty of administering and interpreting religious law, conserving tradition, and solving problems that arose by the past dependence of numerous observances on the existence of the Temple and priesthood. Thus, from 70 to 130 CE, when the Bar Kochba revolt further decimated the Jewish community, the Oral Law experienced a significant period of development and an unprecedented level of legal and religious authority among the populace.
Codification
The Mishnah The destruction of the Second Temple and the fall of Jerusalem in the first and early second centuries CE devastated the Jewish community. The First Jewish–Roman War of 66–73 CE and the Bar Kokhba revolt cost hundreds of thousands of Jewish lives, the destruction of leading yeshivot, and thousands of scholars and students. At that point, it became apparent that the Hebrew community and its learning were threatened, and that publication was the only way to ensure that the law could be preserved. Thus, around 200 CE, a redaction of the Oral Law in writing was completed. Both Rabbinic tradition and scholarship ascribe this effort to Judah HaNasi. The product of this effort, the Mishnah, is generally considered the first work of rabbinic literature.
"Mishnah" is the name given to the 63 tractates that HaNasi systematically codified, which in turn are divided into six "orders." Unlike the Torah, in which, for example, laws of the Sabbath are scattered throughout the books of Exodus, Leviticus, and Numbers, all the Mishnaic laws of the Sabbath are located in a single tractate called Shabbat. Moreover, the laws contained in the 24 chapters that make up that tractate are far more extensive than those contained in the Torah, reflecting the extensiveness of the Oral Law. Some authority suggests HaNasi made use of as many as 13 separate collections of Halakhot from different schools and time periods, and reassembled that material into a coherent whole, arranged it systematically, summarized discussions, and in some cases rendered his own rulings where alternative traditions existed.
The Mishnah does far more than expound upon and organize the Biblical commandments. Rather, important topics covered by the Mishnah "rest on no scriptural foundations whatsoever," such as portions of the civil law tractates of Bava Kamma, Bava Metzia and Bava Batra. In other words, "To perfect the [Written] Torah, the Oral tradition had to provide for a variety of transactions left without any law at all in Scripture." Just as portions of the Torah reflect (according to the documentary hypothesis) the agenda of the Levite priesthood in centralizing worship in the Temple in Jerusalem and legitimizing their exclusive authority over the sacrificial cult, so too can the Mishnah be seen as reflecting the unique "program" of the Tannaim and their successors to develop an egalitarian form of Judaism with an emphasis on social justice and an applicability throughout the Jewish diaspora. As a result, the Talmud often finds the rabbis combing scripture for textual support to justify existing religious practice, rather than deriving the practice organically from the language of scripture.
The Gemara