Mishnah s Rhetoric and the Social Formation of the Early Guild Jack N. Lightstone
The Formation Early Rabbinic Guild Why does it Matter? Almost all forms of Judaism from the Middles Ages until today find their foundation in the early rabbis transformation of Judaism, effected between the late 2 nd C CE and the late 6 th C CE. Before modernity, only one other (previous) party s reformation of Judaism that party associated with the late biblical figures, Ezra and Nehemiah attained equally normative and authoritative position.. From ancient synagogue, Sepphoris www.hum.huji.ac.il/archae ology/zippori/mosaic.htm# The%20Orpheus%20Mosa ic
The Formation Early Rabbinic Guild Why does it Matter? The Ezra-Nehemiah Party one God, one Torah and one Temple altar (both under the authority of a priestly caste), one people, one agent of God s revelation, Moses The early rabbinic guild enshrined rabbinic (as opposed to priestly) authority and rabbinic halakah (the way, i.e., rabbinic law pertaining to all aspects of the religious, social, family, economic life), grounded in the notion of an oral Torah (which is the complement and completion of the written Torah of Moses) of which early rabbinic literature (Mishnah and Talmud) are an authoritative but only partial representation; every rabbi the embodiment of oral Torah
Questions which have occupied me for 30 years. WHAT QUESTIONS ABOUT THE EARLY RABBIS What were the earliest rabbis? What can we know of the formation of the early rabbinic guild? How, when and where did the earliest rabbis and/or their guild come to exercise authority? Mona Lisa of Sepphoris (early 3rd C CE), Floor of Private Villa www.hum.huji.ac.il/archaeolo gy/zippori/mosaic.htm#the% 20Orpheus%20Mosaic
Questions which have occupied me for 30 years. HOW QUESTIONS ABOUT AMASSING AND USING EVIDENCE What is the available reliable evidence to answer any of the above? How do we make that evidence speak to us in a manner which is methodologically and theoretically sound? Panel from mosaic floor, Roman basilica at Sepphoris www.geocities.com/athens/olympus/95 54/images.html
The Problem of Evidence We are awash in early rabbinic literature dating from near 200 to 600 CE, but Rabbinic literature contains no sustained biographies/ hagiographies of its founders, only some relatively late, hagiographic and anachronistic aggadot (morally edifying stories) of those remembered as the rabbinic guilds founding figures compare Gospels and Hellenistic aretalogies, such as, Philotratus Life of Apollonius of Tyana. The early rabbis have not produced any (even apologetic) histories of the early rabbinic guild until 10 th C Iggeret Rav Sherira Gaon, compare NT s Book of Acts or Eusebius Historia Ecclesia Nor does the early rabbinic guild get any press from Roman historians.
How can early rabbinic literature shed light on the formation of the rabbinic guild? The Questions of Socio- Rhetorical Analysis What (professional) values/expertise are modeled in the way in which a rabbinic text goes about its business? In the social, political, economic context of the texts authors and intended users, where would such an expertise fit? Who would buy and pay for such professional expertise? Where would it most likely have come from? Floor, Bet-Alpha Synagogue, 6 th C CE www.mfa.gov.il/mfa/govisual.asp?mfaj091t0
Socio-rhetorical study of Mishnah, Why? Earliest text of the nascent rabbinic guild, c. 200 CE. Promulgated as the text the study and mastery of which marked one as a rabbi. Study of M. remained central to becoming a rabbi until promulgation of the Babylonian Talmud (6 th C). Authorship of M. almost immediately attributed by the rabbis to (Rabbi) Judah the Patriarch, the head of Roman-authorized Jewish self-government in the Roman Palestina. Mishnah, standard printed edition www.acs.ucalgary.ca/elsegal/ TalmudMap/Mishnah.html
What is Mishnah, on the surface? A legal study of Jewish Temple-centred state of which Jerusalem is the religious, political and judicial capital. Sub-divided into 6 major orders (themes of orders: Agriculture, Holy days, Women and family, Damages and judicial proceedings, Sacrifices, Purity/uncleanness). Orders comprise 62 thematic tractates (excluding Abot), each comprised of topically-defined chapters. Consistent style/rhetoric, using a limited array of literary techniques, throughout (Abot aside) Not a commentary on Pentateuchal law; does not routinely cite scriptural law, although assumes the authority of scriptural law. Jerusalem in Madaba mosaic (565CE) http://www.israelmfa.gov.il/mfa/go.asp?mfah00zf0
A glance at Mishnah s rhetorical style Mishnah Gittin 1:1. One who brings a writ from a Mediterranean province it is required that he should say: In my presence it was written and in my presence it was signed [by the witnesses]. R. Gamaliel says: Also one who brings [a writ] from Rekem and from Heger [must be able to so declare]. R. Eliezer says: Even [one who brings a writ] from Kefar Luddim to Lud [must be able to so declare]. And sages say: It is not required that he should say: In my presence it was written, and in my presence it was signed [by the witnesses]-- except him who brings [a writ] from a Mediterranean province and him who takes [a writ to a Mediterranean province]. And one who brings [a writ] from province to province in the Mediterranean provinces--it is required that he should say: In my presence it was written and in my presence it was signed [by the witnesses]. R. Simeon b. Gamaliel says: Even from district to district [within a single Mediteranean province must make such a declaration].
A glance at Mishnah s rhetorical style Mishnah Gittin 2:1 One who brings a writ from Mediterranean province, and one said: In my presence it was written, however not in my presence was it signed [by the witnesses]; in my presence it was signed [by the witnesses], however not in my presence was it written; in my presence it was written in its entirety, and in my presence it was signed in part; in my presence it was written in part, and in my presence it was signed in its entirety --[the writ] is unfit. One says:in my presence it was written, and one [i.e., another] says: In my presence it was signed--[the writ] is unfit. Two [bring writ and] say: In our presence it was written, and one says: In my presence it was signed--[the writ] is unfit. And R. Judah declares fit. One says: In my presence it was written, and two [i.e., both] say: In our presence it was signed--[the writ] is fit.
A glance at Mishnah s rhetorical style Mishnah Gittin 2:2 It [the writ] was written in the daytime and was signed in the daytime, [or was written] in the night time and was signed in the night time, [or was written] in the night time and was signed in the day time]-[the writ] is fit. [The writ was written] in the daytime and was signed in the night time--[the writ] is unfit. R. Simeon declares [such a writ] fit, for R. Simeon used to say: All writs that were written in the daytime and were signed in the night time are unfit, except for writs [of divorce] of women. Mishnah with Maimonides Commentary, editio princeps, Naples 1492, Jacob M. Lowy Collection, National Library of Canada
A glance at Mishnah s rhetorical style is required to say: in my presence it was written; in my presence it was signed. cannot say: in my presence it was written; in my presence it was signed. said: in my presence it was written; not in my presence it was signed. said: in my presence it was signed; not in my presence it was written. in its entirety, in part; in part,in its entirety one, one; two, one; one, two day, day; night, night; night, day; day, night Mishnah, seder qodashim, title page, Lemberg, 1875. Jacob M. Lowy Collection, National Library of Canada.
A glance at Mishnah s rhetorical style Mishnah Bekhorot 1:2 a cow which gave birth [to an offspring] like [one] from an ass: an ass which gave birth [to an offspring] like [one] from a horse: which gives birth is an ass and that which is born is an ass; a clean animal which gave birth [to an offspring] like [one] from an unclean animal; an unclean animal which gave birth [to an offspring] like [one] from a clean animal an unclean fish which swallowed a clean fish; a clean fish which swallowed an unclean fish; 1:3a an ass which had not given birth to any offspring and it gave birth to two males; a male and a female; Mishnah Bekhorot (with Maimonides commentary) from Babylonian Talmud, editio princeps, Venice 1522. Jacob M. Lowy Collection, National Library of Canada
A glance at Mishnah s rhetorical style 1:3b two asses which had not given birth to any offspring, and they gave birth to two males; a male and a female; or two males and a female; two females and one male; or two males and two females; 1:4a one [ass] had given birth to offspring, and one [i.e., another ass] which had not given birth to any offspring, and they gave birth to two males; a male and female Rambam s commentary on Avot, printed Soncino, Italy, 1485 U. of Penn., Ctr. For Jewish Studies (http://165.123.252.47/archive/1/law& Lore.htm)
Literary/Rhetorical Mishnah s Features Mishnah Tractates: a series of coherent mini- studies of topics ( chapters ) on a given legal subject area ( tractates e.g., writs of divorce) Tractates chapters: Appear to be a fairly exhaustive, logically autonomous treatment of a unified topic in which the treatment of the subject matter is done in a literary unit displaying a tight, coherent set of literary and rhetorical markers Same set of literary-rhetorical features/methods used throughout almost all of Mishnah
Mishnah s Literary/Rhetorical Features chapters give the literary appearance of exhaustiveness, comprehensiveness and closure on the chapter s topic, How? via the repetition of phrases to the end of the treatment of the topic & recursive permutation of words & phrases to appear to cover all possible circumstances
Mishnah s Literary/Rhetorical Features chapters give the literary appearance of autonomous, independent legal reasoning as parallel/complementary authority to the Pentateuch, How? via relative lack of scriptural citations, and ordering of subject matter unrelated to the ordering of matters in the Pentateuch--not ordered as scriptural commentary
Mishnah s Subject Matter Mishnah s content almost entirely legal represents and/or prescribes a world in which a single Temple in Jerusalem is the religious, administrative and judicial centre as the single legitimate system makes reference to the existence of other institutions such as synagogues, but clearly sees them as alongside, subservient to, and operating within the Temple state. therefore, M. contains laws (e.g., marriage and divorce) which can operate without a Temple, but clearly places them in context of Temple state.
What Mishnah is not. M. is not a law code, nor does M. define a Judaic world in the aftermath of the destruction of the Temple-state. Nor is it a compendium for the preservation of antecedent legal traditions. not a law code, since: it is not nearly comprehensive enough. rhetorical features drive M. to deal often with cases that are highly theoretical, hypothetical, and improbable, or sometimes overly obvious often registers more than one legal view deals with a world which cannot be constructed in reality in 200 CE utopia. Jerusalem Talmud, editio princeps, Venice, 1523. Jacob M. Lowy Collection, National Library of Canada
What is Mishnah, and what professional expertise dies M. models/demand? a theoretical legal study. demands mastery of a body of background legal knowledge and demands the penetration and independent mastery of the type the reasoning behind the rulings again, demands a master. models/instills the expertise to classify ever more specific cases with respect to whether one ruling or another applies--educates into precise and detailed high-grid world-mapping, as a professional expertise.