_Relation of Talmud to Pentateuch._--As before suggested, the
Pentateuch, or Mosaic Code, was the Written Law and the very foundation
of ancient Hebrew jurisprudence. The Talmud, composed of the Mishna,
i.e., Tradition, and the Gemara, i.e., Commentary, was the Oral Law,
connected with, derived from, and built upon the Written Law. It must be
remembered that the commonwealth of the Jews was a pure theocracy and
that all law as well as all religion emanated directly or indirectly
from Jehovah. This was as true of Talmudic tradition as of Mosaic
ordinance. Hillel, who interpreted tradition, was as much inspired of
God as was Moses when he received the Written Law on Sinai. Emanuel
Deutsch is of the opinion that from the very beginning of the Mosaic law
there must have existed a number of corollary laws which were used to
interpret and explain the written rules; that, besides, there were
certain enactments of the primitive Council of the Desert, and certain
verdicts issued by the later "judges within the gates"--all of which
entered into the general body of the Oral Law and were transmitted side
by side with the Written Law through the ages.[56] The fourth book of
Ezra, as well as other Apocryphal writings, together with Philo and
certain of the Church Fathers, tells us of great numbers of books that
were given to Moses at the same time that he received the Pentateuch.
These writings are doubtless the source of the popular belief among the
Jews that the traditional laws of the Mishna had existed from time
immemorial and were of divine origin. "Jewish tradition traces the bulk
of the oral injunctions, through a chain of distinctly named
authorities, to 'Sinai itself.' It mentions in detail how Moses
communicated those minutiæ of his legislation, in which he had been
instructed during the mysterious forty days and nights on the Mount, to
the chosen guides of the people, in such a manner that they should
forever remain engraven on the tablets of their hearts."[57] This direct
descent of the Oral Law from the Sacred Mount itself would indicate an
independent character and authority. Nevertheless, Talmudic
interpretation of tradition professed to remain always subject to the
Mosaic Code; to be built upon, and to derive its highest inspiration
from it. But, as a matter of fact, while claiming theoretically to be
subordinate to it, the Talmud finally superseded and virtually displaced
the Pentateuch as a legal and administrative code. This was the
inevitable consequence and effect of the laws of growth and progress in
national existence. Altered conditions of life, at home and in exile,
necessitated new rules of action in the government of the Jewish
commonwealth. The Mosaic Code was found inadequate to the ever-changing
exigencies of Hebrew life. As a matter of fact, Moses laid down only
general principles for the guidance of Hebrew judges. He furnished the
body of the law, but a system of legal procedure was wholly wanting. The
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account