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 clerks.” The point is crucial, for it may have something to do with the characteristic ideological shift that distinquishes Second Temple scribal groups—whether the Yahad, the Pharisees, or the as yet unidentified groups behind the Enochic and related literatures—from the rabbinic communities of the third century. The difference concerns perceptions of the role of oral communication in the genesis and transmission of literary tradition. The scribal literati of Second Temple times, we saw, found the oral life of written texts ideologically meaningful only when reflecting upon the origins of the works they themselves composed, copied, and taught. Interpretive tradition per se—the oral-performative matrix of textual communication and explication—was nearly invisible to them as an object of reflective thought. By contrast, the figures whose opinions are formulated for transmission in the earliest rabbinic texts seem to have been intensely aware of possessing a comprehensive, orally mediated textual tradition containing, among other things, norms that affected the smallest patterns of daily life. That this tradition was found most immediately in the instructions of Sages rather than in written books was taken for granted. end p.66 In association with this assumption about the oral means of transmitting authoritative tradition, the figures of priest and scribe, who dominated Second Temple images of legitimate literary tradents, recede from view as principal transmitters of tradition. They are replaced by the image of the Sage, whose authority is grounded not in his scribal skills or his priestly genealogy, but rather in his mastery of wisdom heard from a chain of masters. Within two and a half centuries of the end of the Second Temple period—surely by the latter quarter of the third century—rabbinic scholars had developed the essential outlines of their conceptions of Torah in Script and Torah in the Mouth. 9 Unlike their predecessors in Second Temple scribal milieus, these Sages had developed a clear distinction between the written sources of textual study and the oral-literary tradition within which the texts were interpreted and the results themselves framed for preservation in a distinctive oral-performative tradition. The chapters in part II of this study explore aspects of this emergence to ideological explicitness. Chapters 4 and 5, for the most part, focus on the foundations of an ideology of oral tradition in the earliest surviving jurisprudential and historiographic materials preserved within the rabbinic literary record. The focus is on the literature ascribed in the Talmuds to the Tannaim, the “repeaters of tradition” who lived from the late first century BCE to the early third century CE. 10 First and most important among the Tannaitic sources is the Mishnah, the earliest compilation of rabbinic legal thought, edited in Palestine at the turn of the third century. 11 The Tosefta, a Palestinian companion to the Mishnah, will also figure in this discussion. 12 We shall consult as well a number of Palestinian biblical commentaries (midrashim)—commonly regarded as representing Tannaitic opinion—which offer models of early rabbinic text-interpretive tradition in explicit association with the text of the Mosaic Torah, particularly the books of Exodus (Mekhilta of Rabbi Ishmael), Leviticus (Sifra), Numbers, and Deuteronomy (Sifre). 13 This literature offers a rich, if unsystematic, testimony to the ways in which early rabbinic Sages formulated their awareness of possessing an oral-literary tradition that was at once textually distinct from Scripture yet in some sense definitive of its meaning. It provides as well the basic outlines of how the legal aspects of that oral-literary tradition were perceived by the Sages as constituting the textual foundation of an oral-performative tradition of its own. The Repeated Tradition as Oral-Literary Tradition The Tannaitic literature everywhere assumes a simple dichotomy regarding the communication of religiously authoritative knowledge. 14 Knowledge recorded in scriptural texts is “recited” (qr'), that is, it is read aloud by sounding out the cues from a written text before the reader's eyes. 15 The resulting recitation is mqr' (miqra), a term that, by extension, comes to designate the entire tradition of Scripture—“that which is recited [in public instruction as divine teaching].” The rabbinic practice of “reading” is thus wholly continuous with the oral-performative textual delivery familiar from Second Temple scribalism. The distinction of rabbinic culture from earlier forms of scribal culture becomes evident from the way in which Sages conceived of the text- interpretive tradition that end p.67 mediated the orally performed scriptural text. Interpretive tradition received by a Sage from his own teacher and transmitted to a disciple is “repeated” (šnh) on the basis of what has been “heard” (šm‘) in association with the written text. 16 That is, knowledge surrounding the scriptural text is a mnemonically managed tradition, reported aloud from memory without any reference to a written source. There is, in this representation at least, no written record to verify the truth of a report, other than the general consensus of tradents regarding what has 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 been transmitted. 17 The consequences of publicly defying the accepted tradition of “what has been heard” are well described in the deathbed advice of Aqavya b. Mehalelel, a Sage recalled as opposing the consensus of Sages on certain disputed matters (M. Eduyyot 5:7): At the hour of his death he said to his son: My son, retract four teachings I used to offer. He replied: Why didn't you retract them [earlier] yourself? He replied: I heard from the mouth of the majority and they [my opponents] heard from the mouth of the majority. I insisted on what I heard and they insisted on what they heard. But you have heard from an individual and from the multitude. It is best to leave the teachings of an individual and to hold fast to the teachings of the multitude. Aqavya could not adduce a source to verify his position over against the majority. In the absence of a written textual record, it was the consensus of collective memory that defined the authentic contour of the transmitted tradition over against the insistence of an individual. In parallelism with the case of Scripture, the repetition of what has been heard and transmitted in collective memory is represented by the nominal form of the crucial root. In this case, šnh yields mšnh (mishnah), “repeated tradition.” Such repeated tradition seems to have been conceived not as excerpted from documentary compilations, but rather as teachings associated with specific Sages, or anonymous tradents, who transmitted them as discrete logia. The following formulation, explaining the emendation of a teacher's version of a rule in light of another transmitted version, is typical (M. San. 3:4): “Said Rabbi Yose: This is the repeated tradition [mšnt] of Rabbi Aqiva, but the earlier repeated tradition [mšnh r'šwnh] was formulated as follows. . . . ” Here mšnh does not refer to a formal document with a title—“the” Mishnah—but rather to a discrete transmission of information stemming from a person rather than from an objectively available compilation of oral or written texts. 18 By the mid third century, however, matters had become more complex. The term “repeated tradition” came often to denote not merely a report about a certain matter, but more commonly a collection or compilation of such reports, a work of relatively circumscribed compass, that is, the Mishnah. 19 The Talmuds know of more than one compilation of traditions that circulated with this title, 20 but it is clear that the compilation ascribed to the editorial work of Rabbi Yehudah b. Shimon b. Gamaliel, whose reign as patriarch extended from the late- second to the early-third centuries, ultimately took pride of place in emerging curricula of rabbinic study. Thus the sixth chapter of M. Avot, universally understood to be a late, post-Tannaitic addition, begins: “Sages repeated the following traditions in the idiom of the Mishnah” (M. Avot 6:1). 21 end p.68 This terminological shift is itself an important moment in the history of rabbinic tradition, but for the present it is sufficient to note that transmissions of repeated tradition, either as discrete logia or in the form of publicly circulated redactions, are assumed to be orally delivered, aurally received, and managed within the memory. The principal distinction between the repeated tradition of mšnh and the oral- performative interpretation of Scripture lies in the textual basis itself. Scripture is pronounced verbatim from a written copy. Rabbinic teaching, including the inherited interpretations of Scripture, is retained in the memory, which serves as the record for the performance of the text. Both texts are orally delivered in the act of one's mastering and communicating them; they differ only in their material form. In the sources compiled in received texts of the Mishnah and its rather more extensive Toseftan version, there is no question that mastery of the repeated tradition constituted the sine qua non of rabbinic discipleship, for it is precisely the mastery of that tradition through service to a Sage that distinguished disciples from other Jews. One could “hear” the tradition only from someone who had himself heard it from his own teacher. Nevertheless, mastery of both sorts of tradition—the scriptural book and the repeated words of Sages—was regarded as necessary for participation in the rabbinic community of learning: Whoever possesses Scripture [mqr'], repeated tradition [mšnh], and a worldly skill will not quickly sin. . . . But whoever does not possess Scripture, repeated tradition, and a worldly skill has no place in civilized society. (M. Qid. 1:11) While repeated tradition held pride of place, it was founded on the prior oral mastery of scriptural texts, without which the substance of the repeated tradition remained intellectually unintelligible and morally inaccessible. This latter point is stressed in a remarkable text which, while not formally in the Mishnaic-Toseftan stream of literary tradition, appears to have been strongly influenced by it in its formative outlines. In Avot de-Rabbi Natan's version of the Hillelite teaching of M. Avot 1:13, the following amplification appears (A12): 22 One who fails to serve the Sages is worthy of death. How so? An incident concerning a certain person of Bet Ramah who held himself to a high level of piety: Rabban Yohanan b. Zakkai sent to him a certain disciple to investigate him. He went and found him taking oil and placing it upon a[n earthenware] stove-range and then taking it from the stove-range and 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 />

clerks.”<br />

The po<strong>in</strong>t is crucial, for it may have someth<strong>in</strong>g to do with <strong>the</strong> characteristic ideological shift that dist<strong>in</strong>quishes Second Temple scribal<br />

groups—whe<strong>the</strong>r <strong>the</strong> Yahad, <strong>the</strong> Pharisees, or <strong>the</strong> as yet unidentified groups beh<strong>in</strong>d <strong>the</strong> Enochic and related literatures—from <strong>the</strong> rabb<strong>in</strong>ic<br />

communities of <strong>the</strong> third century. The difference concerns perceptions of <strong>the</strong> role of oral communication <strong>in</strong> <strong>the</strong> genesis and transmission of<br />

literary tradition. The scribal literati of Second Temple times, we saw, found <strong>the</strong> oral life of written texts ideologically mean<strong>in</strong>gful only when<br />

reflect<strong>in</strong>g upon <strong>the</strong> orig<strong>in</strong>s of <strong>the</strong> works <strong>the</strong>y <strong>the</strong>mselves composed, copied, and taught. Interpretive tradition per se—<strong>the</strong> oral-performative<br />

matrix of textual communication and explication—was nearly <strong>in</strong>visible to <strong>the</strong>m as an object of reflective thought.<br />

By contrast, <strong>the</strong> figures whose op<strong>in</strong>ions are formulated for transmission <strong>in</strong> <strong>the</strong> earliest rabb<strong>in</strong>ic texts seem to have been <strong>in</strong>tensely aware of<br />

possess<strong>in</strong>g a comprehensive, orally mediated textual tradition conta<strong>in</strong><strong>in</strong>g, among o<strong>the</strong>r th<strong>in</strong>gs, norms that affected <strong>the</strong> smallest patterns of<br />

daily life. That this tradition was found most immediately <strong>in</strong> <strong>the</strong> <strong>in</strong>structions of Sages ra<strong>the</strong>r than <strong>in</strong> written books was taken for granted.<br />

end p.66<br />

In association with this assumption about <strong>the</strong> oral means of transmitt<strong>in</strong>g authoritative tradition, <strong>the</strong> figures of priest and scribe, who<br />

dom<strong>in</strong>ated Second Temple images of legitimate literary tradents, recede from view as pr<strong>in</strong>cipal transmitters of tradition. They are replaced<br />

by <strong>the</strong> image of <strong>the</strong> Sage, whose authority is grounded not <strong>in</strong> his scribal skills or his priestly genealogy, but ra<strong>the</strong>r <strong>in</strong> his mastery of<br />

wisdom heard from a cha<strong>in</strong> of masters.<br />

With<strong>in</strong> two and a half centuries of <strong>the</strong> end of <strong>the</strong> Second Temple period—surely by <strong>the</strong> latter quarter of <strong>the</strong> third century—rabb<strong>in</strong>ic scholars<br />

had developed <strong>the</strong> essential outl<strong>in</strong>es of <strong>the</strong>ir conceptions of <strong>Torah</strong> <strong>in</strong> Script and <strong>Torah</strong> <strong>in</strong> <strong>the</strong> <strong>Mouth</strong>. 9 Unlike <strong>the</strong>ir predecessors <strong>in</strong> Second<br />

Temple scribal milieus, <strong>the</strong>se Sages had developed a clear dist<strong>in</strong>ction between <strong>the</strong> written sources of textual study and <strong>the</strong> oral-literary<br />

tradition with<strong>in</strong> which <strong>the</strong> texts were <strong>in</strong>terpreted and <strong>the</strong> results <strong>the</strong>mselves framed for preservation <strong>in</strong> a dist<strong>in</strong>ctive oral-performative<br />

tradition.<br />

The chapters <strong>in</strong> part II of this study explore aspects of this emergence to ideological explicitness. Chapters 4 and 5, for <strong>the</strong> most part,<br />

focus on <strong>the</strong> foundations of an ideology of oral tradition <strong>in</strong> <strong>the</strong> earliest surviv<strong>in</strong>g jurisprudential and historiographic materials preserved<br />

with<strong>in</strong> <strong>the</strong> rabb<strong>in</strong>ic literary record. The focus is on <strong>the</strong> literature ascribed <strong>in</strong> <strong>the</strong> Talmuds to <strong>the</strong> Tannaim, <strong>the</strong> “repeaters of tradition” who<br />

lived from <strong>the</strong> late first century BCE to <strong>the</strong> early third century CE. 10<br />

First and most important among <strong>the</strong> Tannaitic sources is <strong>the</strong> Mishnah, <strong>the</strong> earliest compilation of rabb<strong>in</strong>ic legal thought, edited <strong>in</strong> Palest<strong>in</strong>e<br />

at <strong>the</strong> turn of <strong>the</strong> third century. 11 The Tosefta, a Palest<strong>in</strong>ian companion to <strong>the</strong> Mishnah, will also figure <strong>in</strong> this discussion. 12 We shall<br />

consult as well a number of Palest<strong>in</strong>ian biblical commentaries (midrashim)—commonly regarded as represent<strong>in</strong>g Tannaitic op<strong>in</strong>ion—which<br />

offer models of early rabb<strong>in</strong>ic text-<strong>in</strong>terpretive tradition <strong>in</strong> explicit association with <strong>the</strong> text of <strong>the</strong> Mosaic <strong>Torah</strong>, particularly <strong>the</strong> books of<br />

Exodus (Mekhilta of Rabbi Ishmael), Leviticus (Sifra), Numbers, and Deuteronomy (Sifre). 13<br />

This literature offers a rich, if unsystematic, testimony to <strong>the</strong> ways <strong>in</strong> which early rabb<strong>in</strong>ic Sages formulated <strong>the</strong>ir awareness of<br />

possess<strong>in</strong>g an oral-literary tradition that was at once textually dist<strong>in</strong>ct from Scripture yet <strong>in</strong> some sense def<strong>in</strong>itive of its mean<strong>in</strong>g. It<br />

provides as well <strong>the</strong> basic outl<strong>in</strong>es of how <strong>the</strong> legal aspects of that oral-literary tradition were perceived by <strong>the</strong> Sages as constitut<strong>in</strong>g <strong>the</strong><br />

textual foundation of an oral-performative tradition of its own.<br />

The Repeated Tradition as Oral-Literary Tradition<br />

The Tannaitic literature everywhere assumes a simple dichotomy regard<strong>in</strong>g <strong>the</strong> communication of religiously authoritative knowledge. 14<br />

Knowledge recorded <strong>in</strong> scriptural texts is “recited” (qr'), that is, it is read aloud by sound<strong>in</strong>g out <strong>the</strong> cues from a written text before <strong>the</strong><br />

reader's eyes. 15 The result<strong>in</strong>g recitation is mqr' (miqra), a term that, by extension, comes to designate <strong>the</strong> entire tradition of<br />

Scripture—“that which is recited [<strong>in</strong> public <strong>in</strong>struction as div<strong>in</strong>e teach<strong>in</strong>g].” The rabb<strong>in</strong>ic practice of “read<strong>in</strong>g” is thus wholly cont<strong>in</strong>uous with<br />

<strong>the</strong> oral-performative textual delivery familiar from Second Temple scribalism.<br />

The dist<strong>in</strong>ction of rabb<strong>in</strong>ic culture from earlier forms of scribal culture becomes evident from <strong>the</strong> way <strong>in</strong> which Sages conceived of <strong>the</strong> text-<br />

<strong>in</strong>terpretive tradition that<br />

end p.67<br />

mediated <strong>the</strong> orally performed scriptural text. Interpretive tradition received by a Sage from his own teacher and transmitted to a disciple is<br />

“repeated” (šnh) on <strong>the</strong> basis of what has been “heard” (šm‘) <strong>in</strong> association with <strong>the</strong> written text. 16 That is, knowledge surround<strong>in</strong>g <strong>the</strong><br />

scriptural text is a mnemonically managed tradition, reported aloud from memory without any reference to a written source. There is, <strong>in</strong> this<br />

representation at least, no written record to verify <strong>the</strong> truth of a report, o<strong>the</strong>r than <strong>the</strong> general consensus of tradents regard<strong>in</strong>g what has<br />

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