Torah in the Mouth.pdf

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Torah in the Mouth, Writing and Oral Tradition in Palestinian Judaism, 200 BCE - 400 CE Jaffee, Martin S., Samuel and Althea Stroum Professor of Jewish Studies, University of Washington Print publication date: 2001, Published to Oxford Scholarship Online: November 2003 Print ISBN-13: 978-0-19-514067-5, doi:10.1093/0195140672.001.0001 24:40; Ps. 26:3; Is. 38:3/2 Kings 20:3) and Qumran (e.g., 1QS 3:20–21, 4:15, CD 12:22, 20:6) as a description of a comprehensive pattern of behavior, for good or ill. And certainly, we stand here close to the semantic range covered by the term halakhah in later end p.48 rabbinic texts. At the very least, then, this passage conveys the sense that, among Pharisees, ancient traditions were revered as part of an all-embracing pattern of life. It may constitute, as well, the earliest indirect attestation of the term halakhah in the sense it ultimately bore in later rabbinic literature. Section 4 reinforces the images of its predecessor, adding more fuel to the fire. The contrast between divine norms (entelon) and Pharisaic tradition (paradosin) echoes the vocabulary of LXX Is. 29:13, showing how Pharisaic customs regarding vows permit violations of the divine commandment to honor parents. It is precarious to assert that, in this highly polemical passage, Mark has gotten Pharisaic custom entirely straight. Later rabbinic laws of vows, in contrast to Mark's representation, incorporate a mechanism for absolving oneself from any vows that entail violations of biblical commandments. 29 Indeed the specific instance of the absolution of a vow involving dishonor of parents is addressed at M. Nedarim 9:1. It is impossible, obviously, to surmise the Pharisaic situation. But Mark's representation of the term “Corban” as central to the language of oaths is reflected in Josephus and early rabbinic literature as well. 30 While we might suspect Mark of exagerating the extent to which vows would have been made in order to circumvent scriptural commands, the text is clearly in touch with genuine Palestinian Jewish practice, both within and beyond the Pharisaic orbit. To summarize the conclusions about what can be learned from early Christian literary sources regarding the conception of text-interpretive authority among the Pharisees of the mid-late first century CE: Paul, Q, and the synoptic traditions concur that a salient trait of first- century Judaism in general was comformity to an ancestral tradition of norms that govern behavior. Paul may view this adherence to tradition as distinctive to Pharisaism, but Q's single reference represents it as a characteristic of Jewish piety in general. The synoptic tradition represented in Matthew and Mark moves well beyond both Paul and Q in defining Pharisaism substantially as loyalty to a distinctive ancestral tradition that in some sense can supersede specific biblical laws. But the synoptics are less interested in the details of this tradition than in showing how it blinds the Pharisees to the teaching and person of Jesus. These results, obviously, leave many questions unanswered. Was Pharisaic ancestral custom anchored in a text-interpretive tradition? The sources make no particular reference to text-interpretive practices among Pharisees, although we do find the charge that the tradition can do violence to scriptural norms. If not textually rooted in scriptural interpretation, was the tradition perceived as independent of Scripture but in some sense equally important? Christian sources give us little basis upon which to judge. How was the authority of Pharisaic tradition conceived by those who submitted to it? The synoptics represent its authority as grounded in ancestral usage rather than in the personal authority of the teacher. This idea seems convincing, but in light of the concern of the Gospels to highlight the charismatic authority of Jesus over against that of tradition, it is possible that Phaisaic traditionalism may be overstated as well. 31 Therefore we cannot entirely discount the role of charismatic teaching authority, of a kind we earlier noticed at Qumran, within Pharisaic circles. 32 Finally, and most germane to our concerns here: early Christian sources tell us precious little about the specific content of Pharisaic text- interpretive tradition and nothing about the form—oral, written, or some combination of each—in which it end p.49 might have been transmitted. That is, if Christian sources of the first century were our only source of knowledge about Pharisaic tradition, it is unlikely that we would suspect that it was privileged as a purely oral tradition uncontaminated by the written word. There may be more to say on this last subject after a survey of the representation of Pharisaism in the most exhaustive first-century source on the nature of Second Temple Jewish society. The Writings of Josephus The extant writings of Flavius Josephus are among the most important and well-studied sources for the history of the Jews during the Second Temple period. His discussions of the Pharisees, in particular, woven throughout writings produced over the course of the last two decades of the first century CE, form the basis of virtually all academic accounts of the nature of Pharisaism prior to the first century. 33 In his various accounts of Pharisaic involvement in Judean politics during the Hasmonean dynasty, during the reign of Herod, and in the last decades prior to the war against Rome, Josephus consistently portrays the Pharisees as a disciplined political group promoting as part of its program a scrupulous adherence to ancestral Jewish tradition anchored in the laws of Moses. 34 Unfortunately, he shares virtually nothing about the particulars of this tradition. Were Josephus our only source for Pharisaic customs, for example, we would know nothing about the Pharisaic hand-washing and tithing that otherwise looms so large in the Gospels. While somewhat more forthcoming about the PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2003 - 2011. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/oso/public/privacy_policy.html). Subscriber: Columbia University; date: 20 September 2011

Torah in the Mouth, Writing and Oral Tradition in Palestinian Judaism, 200 BCE - 400 CE Jaffee, Martin S., Samuel and Althea Stroum Professor of Jewish Studies, University of Washington Print publication date: 2001, Published to Oxford Scholarship Online: November 2003 Print ISBN-13: 978-0-19-514067-5, doi:10.1093/0195140672.001.0001 ideological justifications of Pharisaic tradition and its relation to larger Pharisaic political goals, Josephus' statements remain frustratingly vague and difficult to interpret with finality. Nevertheless, the confluence of Josephus and the Gospel accounts on the conjunction of Pharisaic legal expertise and traditionalism is an important fact. We cannot in this space survey all of Josephus' reports. Instead we will focus principally on a single passage, Antiquities 13:295–298, 35 which has often served as the hermeneutical foundation for interpreting other Josephan reports about the nature and authority of text- interpretive tradition among the Pharisees. Unparalleled in Josephus' earlier work, War, it portrays the Pharisees as a group already in existence during the reign of John Hyrcanus (134–103 BCE), the first Hasmonean ruler to hold the title of High Priest and King. Josephus' report assumes an excellent working relationship between John Hyrcanus and the Pharisees at the outset of his reign and attempts to explain how the relationship soured. The setting for the Josephan narrative is a celebratory meal in which Hyrcanus, described as “one of [the Pharisees'] disciples . . . and greatly loved by them” (Antiquities 13:289), 36 gathers his Pharisaic allies around him. In response to the king's invitation for advice about how he might perfect his reign, a Pharisee named Eleazar points out a flaw in Hyrcanus' lineage that, according to Lev. 21:14, would disqualify him for the High Priesthood. In the ensuing embarassment, a Sadducean opponent of the Pharisees, Jonathan, takes advantage of the situation to curry favor with the discomfited king (Antiquities 13:296–297): end p.50 And Jonathan exacerbated his anger greatly and achieved the following result: he induced Hyrcanus to join the party of the Sadducees, to abandon the Pharisees, to repeal the ordinances [nomima] that they had established among the people, and to punish those who observed these ordinances. For our purposes, the crucial part of this passage is the suggestion that Pharisees possessed ordinances that they believed ought to apply to all Jews beyond the Pharisaic community per se. Indeed, it appears that the primary motive for Pharisaic involvement with the Hasmonean court was to influence the king to institutionalize their ordinances as the law of the land. Presumably, it was precisely these that were revoked with Hyrcanus' defection to the Sadducees. Josephus' account now continues with a brief, but famous, explanation of the nature of these “ordinances” (Antiquities 13: 297–298): [T]he Pharisees passed on to the people certain ordinances [nomima] from a succession of fathers [ex pateron diadoches], which are not written down [anagegraphtai] in the laws [nomois] of Moses. For this reason the party of the Sadducees dismisses these ordinances, averring that one need only recognize the written ordinances [nomima ta gegrammena], whereas those from the tradition of the fathers [paradoseos ton pateron] need not be observed. This passage is a notorious intepretive crux among Josephus scholars. Many have proposed that this account of the differences between Pharisees and Sadducees demonstrates that a fully developed concept of orally transmitted, unwritten law received from Sinai stands behind the Josephan references to “ordinances from a succession of fathers, which are not written down in the laws of Moses.” 37 That is, the rabbinic concept of Torah in the Mouth—if not the specific terminology—would be fully in place by the mid-second century BCE. Others have pointed out that Josephus' reference to laws not written in Scripture need not imply that the laws were as a matter of principle transmitted orally—only that they constituted an acknowledged tradition supplemental to scriptural law. 38 The implication of this position is, of course, that the link between rabbinic Oral Torah and the Pharisaic “tradition of the fathers” remains undemonstrated. With the recent work of Steve Mason, this dispute appears to have been decisively resolved. Mason has combed the Josephan oeuvre for other appearances of the key terms that appear in this passage (nomima, anagrapho, oi pateres, paradosis, diadoche). 39 On this basis he concludes that the present passage “says nothing whatsoever about the question whether the Pharisees actually transmitted their teachings orally or in writing. . . . Josephus has nothing to say about the matter. His point is that the Pharisaic ordinances were not part of the written Law of Moses and that for this reason they were rejected by the Sadducees.” 40 Once Antiquities 13:297–298 is removed from consideration as a source of evidence for Pharisaic conceptions of oral-performative tradition of textual interpretation or legal rulings, there are no other Josephan reports that raise any suggestion that the authority of Pharisaic text-interpretative tradition depended either on a theory of Mosaic origins or on an explicit commitment to oral preservation alone. Josephus' accounts of Pharisaic success in winning the ear of Queen Alexandra Salome after the death of her husband, Alexander Jannaeus, tell us what we already know. The Pharisees were “exact exponents of the laws” (tous nomos akribesteron) of the country (War 1:110–111), determining them in accord with the “traditions of their fathers” end p.51 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2003 - 2011. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/oso/public/privacy_policy.html). Subscriber: Columbia University; date: 20 September 2011

<strong>Torah</strong> <strong>in</strong> <strong>the</strong> <strong>Mouth</strong>, Writ<strong>in</strong>g and Oral Tradition <strong>in</strong> Palest<strong>in</strong>ian Judaism, 200 BCE - 400 CE<br />

Jaffee, Mart<strong>in</strong> S., Samuel and Al<strong>the</strong>a Stroum Professor of Jewish Studies, University of Wash<strong>in</strong>gton<br />

Pr<strong>in</strong>t publication date: 2001, Published to Oxford Scholarship Onl<strong>in</strong>e: November 2003<br />

Pr<strong>in</strong>t ISBN-13: 978-0-19-514067-5, doi:10.1093/0195140672.001.0001<br />

24:40; Ps. 26:3; Is. 38:3/2 K<strong>in</strong>gs 20:3) and Qumran (e.g., 1QS 3:20–21, 4:15, CD 12:22, 20:6) as a description of a comprehensive pattern<br />

of behavior, for good or ill. And certa<strong>in</strong>ly, we stand here close to <strong>the</strong> semantic range covered by <strong>the</strong> term halakhah <strong>in</strong> later<br />

end p.48<br />

rabb<strong>in</strong>ic texts. At <strong>the</strong> very least, <strong>the</strong>n, this passage conveys <strong>the</strong> sense that, among Pharisees, ancient traditions were revered as part of<br />

an all-embrac<strong>in</strong>g pattern of life. It may constitute, as well, <strong>the</strong> earliest <strong>in</strong>direct attestation of <strong>the</strong> term halakhah <strong>in</strong> <strong>the</strong> sense it ultimately<br />

bore <strong>in</strong> later rabb<strong>in</strong>ic literature.<br />

Section 4 re<strong>in</strong>forces <strong>the</strong> images of its predecessor, add<strong>in</strong>g more fuel to <strong>the</strong> fire. The contrast between div<strong>in</strong>e norms (entelon) and Pharisaic<br />

tradition (parados<strong>in</strong>) echoes <strong>the</strong> vocabulary of LXX Is. 29:13, show<strong>in</strong>g how Pharisaic customs regard<strong>in</strong>g vows permit violations of <strong>the</strong><br />

div<strong>in</strong>e commandment to honor parents. It is precarious to assert that, <strong>in</strong> this highly polemical passage, Mark has gotten Pharisaic custom<br />

entirely straight. Later rabb<strong>in</strong>ic laws of vows, <strong>in</strong> contrast to Mark's representation, <strong>in</strong>corporate a mechanism for absolv<strong>in</strong>g oneself from any<br />

vows that entail violations of biblical commandments. 29 Indeed <strong>the</strong> specific <strong>in</strong>stance of <strong>the</strong> absolution of a vow <strong>in</strong>volv<strong>in</strong>g dishonor of<br />

parents is addressed at M. Nedarim 9:1. It is impossible, obviously, to surmise <strong>the</strong> Pharisaic situation. But Mark's representation of <strong>the</strong><br />

term “Corban” as central to <strong>the</strong> language of oaths is reflected <strong>in</strong> Josephus and early rabb<strong>in</strong>ic literature as well. 30 While we might suspect<br />

Mark of exagerat<strong>in</strong>g <strong>the</strong> extent to which vows would have been made <strong>in</strong> order to circumvent scriptural commands, <strong>the</strong> text is clearly <strong>in</strong><br />

touch with genu<strong>in</strong>e Palest<strong>in</strong>ian Jewish practice, both with<strong>in</strong> and beyond <strong>the</strong> Pharisaic orbit.<br />

To summarize <strong>the</strong> conclusions about what can be learned from early Christian literary sources regard<strong>in</strong>g <strong>the</strong> conception of text-<strong>in</strong>terpretive<br />

authority among <strong>the</strong> Pharisees of <strong>the</strong> mid-late first century CE: Paul, Q, and <strong>the</strong> synoptic traditions concur that a salient trait of first-<br />

century Judaism <strong>in</strong> general was comformity to an ancestral tradition of norms that govern behavior. Paul may view this adherence to<br />

tradition as dist<strong>in</strong>ctive to Pharisaism, but Q's s<strong>in</strong>gle reference represents it as a characteristic of Jewish piety <strong>in</strong> general. The synoptic<br />

tradition represented <strong>in</strong> Mat<strong>the</strong>w and Mark moves well beyond both Paul and Q <strong>in</strong> def<strong>in</strong><strong>in</strong>g Pharisaism substantially as loyalty to a<br />

dist<strong>in</strong>ctive ancestral tradition that <strong>in</strong> some sense can supersede specific biblical laws. But <strong>the</strong> synoptics are less <strong>in</strong>terested <strong>in</strong> <strong>the</strong> details<br />

of this tradition than <strong>in</strong> show<strong>in</strong>g how it bl<strong>in</strong>ds <strong>the</strong> Pharisees to <strong>the</strong> teach<strong>in</strong>g and person of Jesus.<br />

These results, obviously, leave many questions unanswered. Was Pharisaic ancestral custom anchored <strong>in</strong> a text-<strong>in</strong>terpretive tradition?<br />

The sources make no particular reference to text-<strong>in</strong>terpretive practices among Pharisees, although we do f<strong>in</strong>d <strong>the</strong> charge that <strong>the</strong> tradition<br />

can do violence to scriptural norms. If not textually rooted <strong>in</strong> scriptural <strong>in</strong>terpretation, was <strong>the</strong> tradition perceived as <strong>in</strong>dependent of<br />

Scripture but <strong>in</strong> some sense equally important? Christian sources give us little basis upon which to judge. How was <strong>the</strong> authority of<br />

Pharisaic tradition conceived by those who submitted to it? The synoptics represent its authority as grounded <strong>in</strong> ancestral usage ra<strong>the</strong>r<br />

than <strong>in</strong> <strong>the</strong> personal authority of <strong>the</strong> teacher. This idea seems conv<strong>in</strong>c<strong>in</strong>g, but <strong>in</strong> light of <strong>the</strong> concern of <strong>the</strong> Gospels to highlight <strong>the</strong><br />

charismatic authority of Jesus over aga<strong>in</strong>st that of tradition, it is possible that Phaisaic traditionalism may be overstated as well. 31<br />

Therefore we cannot entirely discount <strong>the</strong> role of charismatic teach<strong>in</strong>g authority, of a k<strong>in</strong>d we earlier noticed at Qumran, with<strong>in</strong> Pharisaic<br />

circles. 32<br />

F<strong>in</strong>ally, and most germane to our concerns here: early Christian sources tell us precious little about <strong>the</strong> specific content of Pharisaic text-<br />

<strong>in</strong>terpretive tradition and noth<strong>in</strong>g about <strong>the</strong> form—oral, written, or some comb<strong>in</strong>ation of each—<strong>in</strong> which it<br />

end p.49<br />

might have been transmitted. That is, if Christian sources of <strong>the</strong> first century were our only source of knowledge about Pharisaic tradition,<br />

it is unlikely that we would suspect that it was privileged as a purely oral tradition uncontam<strong>in</strong>ated by <strong>the</strong> written word. There may be more<br />

to say on this last subject after a survey of <strong>the</strong> representation of Pharisaism <strong>in</strong> <strong>the</strong> most exhaustive first-century source on <strong>the</strong> nature of<br />

Second Temple Jewish society.<br />

The Writ<strong>in</strong>gs of Josephus<br />

The extant writ<strong>in</strong>gs of Flavius Josephus are among <strong>the</strong> most important and well-studied sources for <strong>the</strong> history of <strong>the</strong> Jews dur<strong>in</strong>g <strong>the</strong><br />

Second Temple period. His discussions of <strong>the</strong> Pharisees, <strong>in</strong> particular, woven throughout writ<strong>in</strong>gs produced over <strong>the</strong> course of <strong>the</strong> last two<br />

decades of <strong>the</strong> first century CE, form <strong>the</strong> basis of virtually all academic accounts of <strong>the</strong> nature of Pharisaism prior to <strong>the</strong> first century. 33 In<br />

his various accounts of Pharisaic <strong>in</strong>volvement <strong>in</strong> Judean politics dur<strong>in</strong>g <strong>the</strong> Hasmonean dynasty, dur<strong>in</strong>g <strong>the</strong> reign of Herod, and <strong>in</strong> <strong>the</strong> last<br />

decades prior to <strong>the</strong> war aga<strong>in</strong>st Rome, Josephus consistently portrays <strong>the</strong> Pharisees as a discipl<strong>in</strong>ed political group promot<strong>in</strong>g as part of<br />

its program a scrupulous adherence to ancestral Jewish tradition anchored <strong>in</strong> <strong>the</strong> laws of Moses. 34 Unfortunately, he shares virtually<br />

noth<strong>in</strong>g about <strong>the</strong> particulars of this tradition. Were Josephus our only source for Pharisaic customs, for example, we would know noth<strong>in</strong>g<br />

about <strong>the</strong> Pharisaic hand-wash<strong>in</strong>g and tith<strong>in</strong>g that o<strong>the</strong>rwise looms so large <strong>in</strong> <strong>the</strong> Gospels. While somewhat more forthcom<strong>in</strong>g about <strong>the</strong><br />

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