Table Of ContentThe Literature of the Sages
Part One
Compendia Rerum Iudaicarum ad Novum Testamentum
SECTION TWO
THE LITERATURE OF THE JEWISH PEOPLE
IN THE PERIOD OF THE SECOND TEMPLE AND THE TALMUD
I. MIQRA
Reading, Translation and Interpretation of the Hebrew Bible in Ancient
Judaism and Early Christianity
Editor: M. J. Mulder
2. JEWISH WRITING OF THE SECOND TEMPLE PERIOD
Apocrypha, Pseudepigrapha, Qumran Sectarian Writings, Philo, Josephus
Editor: M. E. Stone
3. THE LITERATURE OF THE SAGES
FIRST PART: Oral Tora, Halakha, Mishna, Tosefta, Talmud,
External Tractates
SECOND PART: Midrash, Aggada, Midrash Collections, Targum, Prayer
Editor: S. Safrai
Advisory Editors:
Y. Aschkenasy, D. Flusser, J. Goldin, H. Kremers, Th. C. de Kruyf,
R. Le Deaut, G. W. MacRae (deceased), K. Stendahl, E. Tov
Executive Editors:
W. J. Burgers, H. Sysling, P. J. Tomson
Published under the Auspices of the
Foundation Compendia Rerum Iudaicarum ad Novum Testamentum,
Amsterdam
The Literature
of the Sages
First Part:
Oral Tora, Halakha, Mishna, Tosefta,
Talmud, External Tractates
Editor: Shmuel Safrai
Executive Editor: Peter J. Tomson
1987
Van Gorcum, Assen/Maastricht
Fortress Press, Philadelphia
® 1987 by Stichting Compendia Rerum Iudaicarum ad Novum Testamentum
No parts of this book may be reproduced in any form, by print, photoprint, microfilm or any
other means without written permission from the publisher.
Library of Congress Cataloging-in-Publication Data
The Literature of the Sages.
(Compendia Rerum Iudaicarum ad Novum Testamentum; ll/3a- )
Bibliography: v. 1, p.
Contents: v. 1. Oral tora, Halakha, Mishna, Tosefta, Talmud, External Tractates.
1. Rabbinical literature—History and criticism.
I. Safrai, Shmuel, 1919- . II. Series: Compendia Rerum Iudaicarum ad Novum Testamentum;
section 2, etc.
BM496.5.L57 1987 296.1 86-45910
ISBN 0-8006-0605-1 (Fortress Press: v. 1)
ISBN 90-232-2282-2 (Van Gorcum: v. 1)
Printed in The Netherlands by Van Gorcum, Assen
Foreword
In the foreword to Volume Two, the first to have appeared in Section Two, the
Board of the Compendia Foundation apologized for the long delay that had
occurred since the completion of Section One. A number of reasons which
today have only a historical interest caused this delay. The Board is happy to be
able to present another volume after a much shorter interval.
The present work is actually the First Part of Section Two, Volume Three,
which deals with The Literature of the Sages. While work on this volume was in
progress, it became clear that the subject matter was too voluminous to be
managed in one book. The Board then decided to split Volume Three into two
Parts, the first of which has now been realized. In order to enhance the
usefulness of the separate Parts, both are provided with an accumulative biblio
graphy and indices.
The Board of the Foundation wishes to thank most heartily Professor S.
Safrai of the Hebrew University of Jerusalem who, having cooperated actively
in the Compendia project as a whole from the beginning, is the Editor of the
present work. The Board is aware of the heavy burden of this task and it is
equally aware of the unique character of the volume which, through his learning
and insight, can now be presented to the learned and interested public. Much
gratitude is also due to the authors of the various parts of this work. They are all
specialists in their own fields, and we are convinced that their contributions in
many cases break new ground.
No work of scholarly quality can be published without the assistance of its
Executive Editors. The Board wishes to express its indebtedness to Dr. W. J.
Burgers without whose keen insight and great experience the production of this
Section, including the present work, would have been hardly possible, and Mr.
P. J. Tomson who carried out the actual editing with great expertise and
exactitude.
This publication was made possible through grants from various institutions,
of which we wish to mention specially the Prins Bernhard Fund, Amsterdam
and the Anne Frank Fonds, Basle.
The Board expects the publication of Section Two, Volume One, to take
place in the first half of 1988, and of Volume Three, Part Two, in another year.
The Board accepts full responsibility for this order of publication.
R. A. Levisson, President
Y. Aschkenasy, H. de Bie, L. Dequeker, J. van Goudoever (Secretary), A. van
der Heide, H. Kremers, Th. C. de Kruijf, H. E. Oving (Treasurer). H. van
Praag.
V
A Note on Transliteration
Transliteration of Hebrew and Aramaic follows a most simple system with a
dual aim: to produce the modern Hebrew pronunciation for anglophones, and
not to bother the reader with illegible pedantry. The specialist will know for
himself. Where necessary, Hebrew types are used.
This same system is also used for titles of rabbinic documents and names of
Sages. German transliterations common even in English scholarly literature
have been eliminated: thus Tsitsit and not Tzitzit; Yonatan instead of Jonathan.
Names not typical for the world of the Sages, however, such as biblical names,
are given in their usual form: hence Joshua, Judah and Ezekiel.
For Hebrew book titles see bibliography.
Acknowledgements
The contributions by S. Safrai were translated from the Hebrew by J. Schwartz
and P.J. Tomson; Ms. V. de Rijk-Chan assisted in language editing. The
sections written by M. Krupp were translated from the German by K. Smyth.
Ms. T.L. Bak re-typed several chapters. Indices were prepared by H.L.M.
Ottenheim.
Translations of Hebrew sources were often adapted to give a more effective
rendition. Otherwise, the Revised Standard Version of the Bible and H. Dan-
by's translation of the Mishna are followed. Translations of Philo and Josephus
follow the Loeb edition.
The Editors gratefully acknowledge permission to publish reproductions of
manuscript pages from the following libraries: Leiden, Universiteitsbiblio-
theek; Cambridge, University Library; Budapest, Magyar Tudomanyos Aka-
demia Konyavtare. The Israel Department of Antiquities graciously provided a
photograph of a mosaic floor with the permission to publish it.
Finally, the Editor wishes to express his gratitude to the Netherlands Institute
for Advanced Study in the Humanities. The facilities it offered him during the
academic year 1980-81 greatly helped in laying the foundations for this book
and creating part of its contents.
VI
Contents
FOREWORD V
A NOTE ON TRANSLITERATION VI
ACKNOWLEDGEMENTS VI
CONTENTS VII
INTRODUCTION
by Shmuel Safrai XV
CHAPTER ONE: THE HISTORICAL BACKGROUND
by hay ah M. Gafni 1
Defining the Rabbinic Period 1
Second Temple Institutions and the Sages 3
The Pharisaic Movement 7
Hillel and The House of Hillel' 10
Hasidim and Zealots 12
The Destruction and the Yavne Period 14
Bar Kokhba and the Later Tannaic Period 20
The Amoraic Period in the Land of Israel 24
The Amoraic Period in Babylonia 27
Bibliography 33
CHAPTER TWO: ORAL TOR A
by Shmuel Safrai 35
Preliminary Questions 35
The Scope of Oral Tora 37
VII
Origin and Nature of Oral Tora
The Existence of Oral Traditions 39
The Conception of Oral Tora 42
The Prohibition on Writing 45
The Innovative Character of Oral Tora 50
The Beginnings of Oral Tora 52
Oral Tora 'from Sinai' 56
Ways of Literary Creation
The Creative Process in Teaching 60
A Learning Community 63
The Importance of Questions 66
Collective Authorship 69
Redaction in Teaching 71
Oral Tora and Rabbinic Literature
Oral Tora Written Down 72
Study from Oral Texts 75
The Composition of the Collections 77
Literary Parallels 80
Tannaic and Amoraic Literature 82
Tannaic Traditions Preserved in Amoraic Literature 86
The Terminology of Oral Tora
Halakhic and Legal Terms 89
Religious Concepts 92
Exegetical and Dialectical Terms 95
Terms for Literary Genres and Units 98
Terms for Administrative Functions 99
Central Religious Concepts Developed in Oral Tora
The Study of Tora 102
The Observance of Mitswot 106
Repentance 108
Man 111
Selective Bibliography 115
CHAPTER THREE: HALAKHA
by Shmuel Safrai
General Characteristics
Definition and Significance 121
Halakha and the Bible 123
The Scope of the Halakha 125
Halakha and Life in the Tannaic Period 128
Origins of the Halakha
Halakha in Later Biblical Books 134
VIII
Halakha in Judith 136
Halakha in the Septuagint 137
Halakha in Jubilees 140
Halakha in the First Book of Maccabees 144
The Origin of Independent Halakha 146
A 'Period of the Scribes'? 148
Midrash and Independent Halakha 153
Sources of the Halakha of the Sages 155
Midrash as a Source of Halakha 155
Legislation and Case Law 163
Controversies 168
Custom 175
Precedents 178
'Halakha to Moses from Sinai' 180
Stages in the History of Tannaic Halakha 185
The Controversies Between Beit Shammai and Beit Hillel 185
The Decision in Favour of Beit Hillel 194
R. Akiva 200
Selective Bibliography 208
CHAPTER FOUR: THE MISHNA - A STUDY BOOK OF HALAKHA
by Abraham Goldberg 211
Origins and Development 215
R. Akiva and his Pupils 217
The Four Layers 218
Principles of Editing 222
Arrangement 227
Zeraim 228
Moed 229
Nashim 230
Nezikin 230
Kodashim 231
Toharot 232
The More Important Teachers 235
First Generation (at Yavne) 236
Second Generation 236
Third Generation (at Usha) 237
Fourth Generation 238
Language 238
Text 240
Reduction to Writing 241
Authority 243
IX
Bibliography 244
Commentaries 244
Editions 247
Translations 248
Introductions 249
Manuscripts of the Mishna (by Michael Krupp) 252
The Three Complete Mishna Manuscripts 253
Other Mishna Manuscripts and Fragments 255
Mishna with Maimonides' Arabic Commentary 256
Mishna with Hebrew Translation of Maimonides 258
List of MSS. with Maimonides' Commentary 260
CHAPTER FIVE: THE TRACTATE AVOT
by M. B. Lerner 263
Name 263
Contents and Structure 264
Literary Characteristics 267
Aim 272
Perek Kinyan Tora 273
Bibliography 275
The Textual Criticism of Tractate Avot (by S. Sharvit) 277
Textual Authorities 277
Critical Editions of Avot 280
Selected Bibliography 281
CHAPTER six: THE TOSEFTA - COMPANION TO THE MISHNA
by Abraham Goldberg 283
Character and Date 283
Arrangement and Contents 284
The Structural Layers 285
Commentary and Supplement to the Mishna 289
The Tosefta and the Baraitot in the Talmudim 292
Editing 293
Tannaim Prominent in the Tosefta 295
Fourth Generation 295
Fifth Generation 297
Bibliography 298
Editions 298
Commentaries and Translations 298
Introductions and Research 300
The Tosefta Manuscripts (by Michael Krupp) 301
X
