Monday, March 17, 2014

Talmud

     In the previous post I discussed the development of the Torah She'be'al Peh (Oral Torah), mentioned a few of its main contributors (Hillel, ben Zakai and Akiva) and explained how it was finally written down around 200 CE by Yehuda HaNasi and named the Mishna. Of course, the second it was written down it began to face the same problems the Oral Torah was originally meant to solve: a lack of flexibility and an inability to address changing circumstances. Given that these are problems Am Yisrael had already dealt with once before we had a solution ready. In the same way that the Mishna developed as a series of discussions between Rabbis about the text of the Tanakh that were eventually written down, the Gemara developed as a series of discussions about and interpretations of the Mishna, which were eventually written down. The Mishna and the Gemara together are called the Talmud (from the Hebrew root meaning "to learn"), which is written predominantly in Aramaic, the vernacular of 4th and 5th century Mesopotamia.
     Up until now, aside from a few years in exile in Babylon and a quick jaunt down to Egypt for some slavery, the center of Am Yisrael (the people of Israel) has been in Eretz Yisrael (the land of Israel). But the complete decimation of the land and its people due to the Great Revolt (66-70) and the Bar Kochva revolt (132-135) and the subsequent rise of Christianity slowly pushed more and more of Am Yisrael into the Galut (exile/diaspora). So while there was a Talmud published in Eretz Yisrael, it seems to have been done hurriedly and not at the highest possible level. Also, as you might expect, the Talmud that was published in Israel, called the Jerusalem Talmud (though it was definitely not written in Jerusalem, where Jews were nearly non-existent at this point), deals quite a bit with laws that are specific to the land of Israel. This meant that part of it was irrelevant to Galut Jews, who would make up the majority of Am Yisrael from this point all the way to the modern day (today probably a bit more than half of Am Yisrael live in Eretz Yisrael). For both of these reasons--its less-than-optimal quality and its focus on Eretz Yisrael--the Jerusalem Talmud is secondary in Jewish tradition.
     The main Talmud from which Jews study even today was written several hundred miles away in Mesopotamia (the land between the Tigris and Euphrates River, modern day Iraq) and known as the Babylonian Talmud. It's this series of books you'll find in virtually any observant Jewish home. This process was begun by a man named Abba Arikha (known simply as "Rav", which means Rabbi, in the Talmud), a Mesopotamia-born student of Yehuda HaNasi (codifier of the Mishna). Rav, after studying in Israel, returned to Mesopotamia and opened a famous academy at Sura (there was another at Pumbedita), which cultivated the creation of the Gemara (Rav is also known for codifying the Jewish prayer the Aleinu, which is first written down in Rav's Rosh Hashanah service).
     The Jews of Mesopotamia, under the control of a Persian Empire, were prosperous and generally allowed a good amount of autonomy. This allowed scholarship on the Gemara to flourish, and by around 400 Rav Ashi, a famous head of the Sura Academy, had begun to organize it and write it down, similar to what Yehuda HaNasi did with the Mishna. This process of culling and organizing was eventually completed by his students, and by the year 500 the Babylonian Talmud was more or less complete.
     To try and understand the Talmud (and Jewish law in general) we can compare it to American law. In the US all law is based on the Constitution. But of course the Constitution doesn't comment on things such as the legality of downloading music without paying for it. So why is downloading music illegal? At some point a judge decided that, based on his understanding of the Constitution, downloading music should be illegal (perhaps it's similar to something that is explicitly illegal in the Constitution?). This ruling then became a part of the law, so that the next judge doesn't necessarily have to go back at the Constitution, he can simply site the original case, which decided that downloading music without paying is illegal.
     In Judaism, all law is based upon the Tanakh. But, just as with the Constitution, the Tanakh doesn't explicitly cover each issue. Therefore as new issues arise the Rabbis make their best interpretation and those interpretations/decisions get written down, and that's what became first the Mishna and then the Gemara (and together the Talmud). This process continues today as various commentaries on the Talmud. Here's a link to a famous Talmudic passage in which the Rabbis are discussing the phrase "an eye for an eye". This particular tractate is dealing with how to assess damages (ie should you actually poke out their eye or does the phrase actually mean compensation) Be warned it's very difficult to understand without a background or proper teacher, but definitely give it a try! The part at the beginning in all caps is the Mishna; the part after that is the Gemara. 

7 comments:

  1. To me, it seems so important that the law develops over time, like you explained with illegally downloading music. Without this development, the law could easily become outdated, and no longer relevant. This is why it makes no sense to me that the ultra-Orthodox decided to put a cap on the development of the law. I guess that's why the ultra-Orthodox are such a distinct group, and so different from other Jews.

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  2. I found that the reading of Talmud/Mishna that we have been doing in class is truly captivating. It's so cool to see what sort of laws the Jews had made for themselves back then, and try to apply it to everyday life. Like Ben said, it is really confusing why the Ultra-Orthodox would cap the updating of the laws, because now they just look silly and incredibly outdated.

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  3. I must respectfully disagree Aaron. I wouldn't call the Ultra-Orthodox traditions "silly" and "outdated". Tradition is tradition. I know for me, the traditions I follow may be pretty crazy but they bring comfort to me because...they are traditions. For example, I am sure some people may call the tradition of hiding the אפיקומן stupid. To some people breaking the 2nd out of 3 matzahs in half and at some point during the סדר just so little kids can tear apart the house to find it a stupid tradition. I believe that it is not out dated or stupid. I think that everything we do is for a reason. In this example it is important that we do it so we can include little kids into our traditions.

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  4. I also wouldn't say such things as the ultra- orthodox because they are just another section of the Jewish religion, just like Reformed or Conservitive. Also, traditions are the same, but everyone does it their own way

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  5. I don't think the Orthodox tradition is necessarily silly; however, in my opinion, some traditions are outdated. My favorite aspect of liberal Judaism is the freedom to educate ourselves and make informed decisions about laws that we may find silly or outdated, making each person his own image of Judaism.

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  6. I agree with Ethan. I have relatives that are Ultra Orthodox and I can completely understand where their thought process comes from. The stay secluded and traditional so that they won't be influenced by seculars. If you think about it, this is very logical because Reform Judaism is very influenced by outside cultures and the Ultra Orthodox just don't want to be influenced by anyone but God. Tradition is very important to them.

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  7. Instead of continuing this discussion (as it's from more than a month ago), I'd like to talk about something completely different. You talked about the prosperity of the Jews in Persia, and how it affected Jewish culture. I'd like to compare that to America in the 20th and 21st century (like we often have in the past). After all, we are now just a people living under a benevolent ruler, just like then. The difference is that the ruler is not a person, but, I suppose, a document, the Constitution. The Constitution is like King Cyrus. Both allow for our culture/religion to continue as it is and flourish, so long as it fits in with the governing body's ideals. But this is where the cynical part of me comes in: the Persian empire and the Jews' prosperity within it came to an end. Does this not mean that our culture in America will come to an end too? It may not, considering that, as similar as the two situations are, there are many differences. So in conclusion, History repeats itself, but hopefully not identically.

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