Not Orthodox, Not Orthoprax
Last
week, opened on why we aren’t OrthoPrax. Now, I want to put into perspective ,
how it is that Jewish law developed and how we tried to apply it to
contemporary situations.
Let
me remind you that sometimes we as Jews have gotten very vociferous and rough
about how we interpret and carry out our interpretations and this is not new. I
mentioned last week that students of the Gaon of Vilna had the government of
Russia throw the founder of Chabad Chasidism into jail.
Here’s
a personal perspective:
When my father was a youngster, he attended
Gymnasia, which was the modern Academy of its day in his town in Galicia.
Because he wore the uniform of the gymnasia student, even though his father was
one of the leaders of the Jewish community and very orthodox, the Chasidim in
the town threw stones at him because they thought he was a traitor for wearing
the uniform of the gentiles. When World War One broke out the family had to
flee from the front lines to Vienna and on the way they stopped and spent Yom
Kippur in a shtibel in a small town. Here again and his brother were in
uniform, and the rabbi of the shtibel got up ,pointed at my father and his
brother and said “you brought the war upon us.” Heavy guilt for a youngster
just about bar mitzvah age.
This
fight was not just in his Europe. On my wife's side in Yemen around the same
time, her uncle’s grandfather , the chief rabbi, initiated modern science and
mathematics into the education curricula of the Jewish schools of Sana ,the
capital. He also went out on a full-front war against the Zohar and against the
Kabbalah which he believed was false and detrimental to the Jewish people. He
made enemies of his fellow Rabbis and there were attempts at putting him under
Cherem, expulsion. He was defended in his actions by the Rabbi of the Yishuv,
Avraham Hacohen Kook. Since then, Jews of Yemen very often have been at odds
with each other ,for there are either igashim, stubborn ones, or dardeim, the knowledgeable
ones.
So,
from whence our basis for Jewish observance?
A
simple overview—what distinguishes Rabbinic Judaism from the earlier strands,
Samaritan, or Priestly, Zadukim, or later,Karaim, literalist.
We
all agree that the foundation is the text of the 5 Books of Moses, From there,
we split.
We use the terms, Torah She Bichtav, The Torah
Text as written, and Torah she’b’al peh, The Torah as it is explained verbally.
We also use the term, Mideoraita, of Torah-text base, for these laws. We then
have the concept of Miderabbanan, of Rabbinic teachings.
It
is the concept of Torah
she B al peh,
a teaching that is transmitted orally over the generations from teacher to
student that is the uniqueness of Judaism beyond the text of the Bible. It was
so radical in its day that the Roman Empire was afraid that the oral teachings,
not the written Bible was the great danger to the Roman Empire. Thus when it
comes to the period of the rebellion of Bar Kochba, the Romans permitted the
reading of the Bible but forbade its teachings and interpretation.
Where
does it start ?
We
can presume that even in the period of the first temple as the texts that would
make up the Bible are being gathered that there are schools that are enlarging
upon the written word. We have terms like been Bnay Neviim, the sons of the
prophets which may indicate students that gathered around a particular Tzadik
or holy man and recorded his teachings and transmitted them to others.
Certainly when the children of Israel return to the land of Israel and the and
scribe Ezra institutes formal public reading of the Torah, he adds to it the
translation into the common language of the folk Aramaic and with translation,
there's also explanation.
We
have the development of customs and practices that flesh out be very skimpy
words of the Torah. For example, about Shabbat we have very few descriptions of
what is permitted and what is forbidden in terms of work. The actual practice
is being developed during this period.
One
example in case is the question of self defense on Shabbat , which I mentioned
earlier. During the time of the
repression of Judaism under Antiochus,the very pious would rather die than the
defend themselves on Shabbat.The Maccabees introduced the principal that saving
of life and self defense was essential to preserve the Shabbat.
Other
rules of Shabbat as stated in the Torah text:
The
Torah says: Do not go out of your “dwelling places”.
Does
that really mean stay indoors?
The
Torah says: You shall not have fire burning on Shabbat.
Does
that mean sit in the dark? Eat cold food?
So
we have practices- such as lighting fire before Shabbat, lighting Hanukah
lights, reading the megillah- that catch on, and they need to be justified, in
a basis in the written Torah.
Hence,
the need for scholars who can make the connection between the text and the
practice.
By
the end of 2nd Temple period:
We
have the rise of schools of scholars. The earliest teachers have no formal
title, after Hillel, we have title “ Rabbi” or Rabban” My or our teacher,
Master.
Authority
is taken away from Prophets ( prophecy is
realm of children and the insane) and authority is moved from the text
to the interpreter, even over the voice of Heaven.
Also,
this period gives rise to new theology- techiat hametim-resurrection of the
dead-olam haba- the next life-These are concepts rejected by the Saducees and
the Temple priestly class .
We have another concept of competing schools, of
pairing goes through the period of the Mishna and continues into the period of
the Talmud:
For
example, Rabbi Ishmael- uses of rules of logical analysis ( 13 midot)- versus
Rabbi Akiba, using unusual phrases or terms as an opening to drive a truck
through ( achin v atin).
Creation
of early compendia_ Mikhilta, Sifra, Sifrei- Discussions based around the texts
of the Torah.
Finally,
c 200,Rabbi Judah Ha Nasi( Prince) is powerful and connected to the Roman
Emperor, so has the clout to create a formal compendium,The Mishnah( a play on
the term for Devarim, Mishneh torah- a reteaching of the Torah). Now , rules
organized around core themes -Seder- Order Agriculture; Festivals; Women;
Damages; Sanctity( Sacrifices); Purity. These are then divided according to
topics= Masechet=Tractate.Such as Shabbat or Courts(Sanhedrin).
What
is important is to note that even this foundational document for authoritative
Judaism, is itself not written in a final “ Thou Shalt”, but in a query and
response, with alternate answers. Thus, the very first word of the Mishna is a
question,”Me Aymatai”, From when do we
begin reciting the Shma of the evening, and we get two answers-the minority
opinion, then the majority opinion, and
then an example in practice.
No
sooner is the is the ink dry ( or, more accurately, the oral text is memorized
by the students) than new issues arise!
Jews
in Land of Israel have their needs, Jews in Babylonia, have more wealth and
again, different needs.
Again,
we have two different sets of discussions, created by different academies-those
in land of Israel creating a shorter compendium, Talmud Yerushalmi, or
Palestinian Talmud- written under greater oppression of the Christian emperors.
In Babylonia, wealthier, generally tolerant Persian rulers, more time to
develop the text, hence, much more extensive, longer, Talmud Bavli- Babylonian
Talmud. Eventually, the traditions of the Palestinian Jews becomes the foundation of Ashkenazic practice, which
the Bavli becomes the foundation for Sephardic practice.
Also the work of pairs, Rav and Shmuel, Abbay
v Rava, and competing academies- Sura & Pumbeditha. Eventually, the Bavli
becomes the authoritative text. New legal figure” Rav”- one who may teach the
laws but can not render rulings on sacrificial animals( long since gone) as
that is reserved only for the “amoraim: ( teachers of Eretz
Yisrael). The text work and final editing by “ Savoraim”-reasoners.
No
sooner is the ink dry( or memorized) and
new issues arise!
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