Introduction to the "Talmud" #1

All of the commandments which were given to Moses on Sinai were given together with their oral explanation for, it is said: "And I will give thee the tables of stone, and the Torah and the commandment" (Ex. 24.12.); the Torah, is Holy Writ; and the commandment, its oral explanation. Moreover, He commanded us to observe the Torah by the word of the commandment; thus it is this commandment which is called Oral Torah.

The whole Torah was written by Moses our Master, before his demise, by his own hand; and he gave a Book to each and every tribe, and one Book he deposited in the Ark as testimony, even as it is said; "Take this Book of the Torah and put it by the side of the Ark of the Covenant of the Lord your G-d, that it may be there as a witness against thee" (Deut. 32.26.);

but the commandment, which is the oral explanation of the Torah, he did not reduce to writing, but he charged the Elders and Joshua and the rest of all Israel concerning its observance, even as it is said: "All the word which I command you, that shall ye observe to do" (Deut. 13.1.); therefore, is this word of the commandment called, Oral Torah.

(21) If the place where the L-RD has chosen to establish His name is too far from you, you may slaughter any of the cattle or sheep that the L-RD gives you, as I have instructed you; and you may eat to your heart’s content in your settlements.

(1) וקשרתם AND THOU SHALT BIND THEM [ … UPON THY HAND] — These are the Tephillin that are placed on the arm,

(2) לטטפות בין עיניך AND THEY SHALL BE FOR FRONTLETS BETWEEN THINE EYES — these are the Tephillin that are placed upon the head....

And whoever did not hear an explanation from the mouth of the prophet, peace be upon him, about matters that derive from them, extrapolated laws by propositions from the thirteen [exegetical] principles through which the Torah is expounded, which were given at Mount Sinai.

And when a disagreement would arise, they would go according to the majority, as it states (Exodus 23:2), "you will incline after the majority."

Rabbi Yishmael says: The Torah is expounded by means of thirteen rules:

1.A conclusion drawn from a minor premise or a more lenient condition to a major or more strict one.

The second division are the laws about which it is said, a 'law of Moshe from Sinai.' And there are no proofs about them as we have mentioned. Likewise here, none disagree with [such a law]. The third division are the laws that they extrapolated by the ways of reasoning and a disagreement about them occurred, as we have mentioned – and the law was decided in them according to the majority. And this happens, when the investigation is given to divergence. And because of this, they say (Yevamot 76b), "If it is a [transmitted] law, we will accept it; but if it is a law [that is deduced], there is a rebuttal."

The scope of both Talmudic works comprises an exposition defining the text of the Mishna, elucidatory commentaries upon its complexities, and a survey of the legal precedents established by the succeeding tribunals during the intervening period between our Holy Master and the compilation of the Talmud.

(400) Rabbi Yishmael says:

Similarly are derived therefrom such laws and judicial pronouncements, otherwise not accredited by tradition to Moses, but legislated by a tribunal of a given generation upon authority of the rules by which the Torah is expounded, and were passed upon their merits by the Elders, who decided that such should be the law. The entire scope of it all, extending from the days of Moses even to his day, Rab Ashi compiled.

(1) A sukkah which is more than twenty cubits high is not valid. Rabbi Judah validates it.

One which is not ten handbreadths high, or which does not have three walls, or which has more sun than shade, is not valid.

An old sukkah: Bet Shammai invalidates it and Bet Hillel validates it. What is an “old sukkah”? Any one which he made thirty days before the festival; but if he made it for the purpose of the festival, even at the beginning of the year, it is valid.

(4) And these are of halakhot which they stated in the upper chamber of Hananiah ben Hezekiah ben Gurion, when they went up to visit him. They took a count, and Bet Shammai outnumbered Beth Hillel and on that day they enacted eighteen measures.

(5) Beth Shammai says: ink, dyes and vetch may not be soaked [on Friday afternoon] unless they can be fully soaked while it is yet day; And Bet Hillel permits it.

Consequently there are forty intervening generations from Rab Ashi till Moses our Master, peace be to him! namely: (1) Rab Ashi received the Oral Torah from Raba; (2) Raba from Rabba; (3) Rabba from Rab Huna; (4) Rab Huna from Rabbi Johanan and from Rab and Samuel; (5) Rabbi Johanan and Rab and Samuel from our Holy Master; (6) our Holy Master from Rabbi Simeon his father; (7) Rabbi Simeon from his father Rabbin Gamaliel; (8) Rabbin Gamaliel from his father Rabbin Simeon; (9) Rabbin Simeon from his father Rabbin Gamaliel the Elder; (10) Rabbin Gamaliel the Elder from his father Rabbin Simeon; (11) Rabbin Simeon from his father Hillel and from Shammai; (12) Hillel and Shamai from Shemaiah and Abtalion; (13) Shemaiah and Abtalion from Judah and Simeon; (14) Judah and Simeon from Joshua son of Perahyah and Nittai of Arbela; (15) Joshua and Nittai from Jose son of Joezer and Joseph son of Johanan; (16) Jose son of Joezer and Joseph son of Johanan from Antigonus (17) Antigonus from Simeon the Just; (18) Simeon the Just from Ezra; (19) Ezra from Baruch; (20) Baruch from Jeremiah; (21) Jeremiah from Zephanaiah; (22) Zephanaiah from Habakkuk; (23) Habakkuk from Nahum; (24) Nahum from Joel; (25) Joel from Micha; (26) Micha from Isaiah; (27) Isaiah from Amos; (28) Amos from Hosea; (29) Hosea from Zachariah; (30) Zachariah from Jehoiadah; (31) Jehoiadah from Elisha; (32) Elisha from Elijah; (33) Elijah from Ahijah; (34) Ahijah from David; (35) David from Samuel; (36) Samuel from Eli; (37) Eli from Phinehas; (38) Phinehas from Joshua; (39) Joshua from Moses our Master; (40) Moses our Master from the Word of Almighty. Thus it is established that all of them received it from the Lord G-d of Israel.

(1) The third division are the laws that they extrapolated by the ways of reasoning and a disagreement about them occurred, as we have mentioned – and the law was decided in them according to the majority. . . .

Rather the disagreement and the investigation occurred over issues about which no law was heard. . . .

(8) Rather, the matter of that which they said, "From when the students of Shammai and Hillel – who did not serve all that was required of them – multiplied, disagreement grew in Israel," is evident; in that when two people are of equal intellect and investigation and knowledge of the fundamentals from which reasonings extrapolate, no disagreement will occur in their reasonings in any way. And if it does occur, it will be minimal; as it is only found that Shammai and Hillel disagreed about isolated laws.

(9) And that is because the thoughts of the two of them were very close – one to the other – in everything that they extrapolated by way of reasoning. And, likewise, the fundamentals that were given to this one, were like the fundamentals given to that one.

(10) But when the diligence of the students towards wisdom slackened and their reasoning weakened – in comparison to the reasoning of Hillel and Shammai – disagreement occurred among them in the investigation of many things; as the reasoning of each and every one of them was according to his intellect and to what he had in hand of the fundamentals.

(11) And nonetheless, they should not be blamed; as we cannot force two sages that debate in investigation, to debate according to the intellect of Yehoshua and Pinchas. And, likewise, we have no doubt about that which they debated [just] because they are not like Shammai and Hillel or like those before them; as the Holy One, blessed be He, did not command His service in this manner.

(12) But [rather] He commanded us to listen to the sages of the generation, as it is stated (Deuteronomy 17:9), "to the judge that will be in those days."

(13) And it is through these ways that disagreement occurred; not because they erred in the laws, and one is saying truth and the other is saying falsehood. And how evident is this matter to all that give cognizance to it! And how precious and great is this fundamental principle about the commandments!

(30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I the L-RD am your G-d.

(8) If a case is too baffling for you to decide, be it a controversy over homicide, civil law, or assault—matters of dispute in your courts—you shall promptly repair to the place that the L-RD your G-d will have chosen, (9) and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, (10) you shall carry out the verdict that is announced to you from that place that the L-RD chose, observing scrupulously all their instructions to you.

(1) If the members of a court are divided, some voting for acquittal and others for conviction, the majority opinion is followed. This is a biblical positive command, as it is written: "Incline after the many" (Exodus 23:1).

(1) The Supreme Court in Jerusalem represents the essence of the Oral Torah. Its members are the pillars of direction; law and order emanate from them to all of Israel. Concerning them the Torah assures us, as it is written: "You shall act in accordance with the directions they give you" (Deuteronomy 17:11). This is a positive command. Anyone who believes in Moses, our teacher, and in his Torah, must relate religious practices to them and lean upon them.

When the Supreme Court was in existence, there was no religious dissension among the people of Israel. If doubt came to the mind of a Jew concerning any law, he consulted the court of his home town. ...... If they knew, they told them; if not, they all went to the Supreme Court which occupied the chamber of hewn stone, and put the question to the judges. If the law concerning which they were all in doubt was known to the Supreme Court, either from tradition or from a principle of biblical interpretation, they stated it immediately. If the members of the Supreme Court were uncertain about that specific law, they dealt with it in their own time, and debated it until they eventually reached unanimous agreement or passed the measure by vote, following the majority opinion, and told all the questioners: "This is the law." And they went away. When, however, the Supreme Court ceased to exist, religious dissension increased in Israel: one scholar would declare a thing unclean and give a reason for his statement, while another would declare it clean and give a reason for his statement; one would forbid, while the other would permit.

(1) In order to act as a judge in the supreme court or in a Small Sanhedrin or in a court-of-three, one must be ordained by someone who has been ordained. Our teacher Moses ordained Joshua by placing his hands upon him, as it is written: "He laid his hands on him and commissioned him" (Numbers 27:23). He also ordained the seventy elders, and the Divine Presence rested upon them. The elders ordained others, who in turn ordained others.

(2) What has been the manner of ordination in the course of generations? They have not placed their hands upon the head of the elder, but conferred upon him the title Rabbi, saying to him: "You are ordained and authorized to sit in judgment even on cases dealing with fines."