No mitsvah is as essential to Judaism as the study of Torah.[i] There are different parts to Torah study, as the Gemara states: “A person should split up his learning: one third Bible, one third Mishnah, one third Talmud.”[ii] Nowadays, most Orthodox students focus on the Talmud, spending many hours each day involved in its study. Yet, many do not know the nature of the mitsvah in which they are involved. This paper will focus on understanding this “third part” of Torah – Talmud. In order to reach a deeper understanding of its nature, it will explore the development of Talmud study and Oral Law over history.
The Nature of the Oral Torah and Talmud Study
To understand the mitsvah of Talmud, one must understand how Jews learned in the centuries before the Mishnah was written down. The only written texts they used the 24 books of Tanakh, as there was a prohibition against writing down the Oral Torah. As the Gemara states:[iii]דרש רבי יהודה בר נחמני מתורגמניה דרבי שמעון בן לקיש, כתיב: +שמות ל”ד+ כתוב לך את הדברים האלה, וכתיב: +שמות ל”ד+ כי ע”פ הדברים האלה, הא כיצד? דברים שבכתב אי אתה רשאי לאומרן על פה, דברים שבעל פה אי אתה רשאי לאומרן בכתב. דבי רבי ישמעאל תנא: אלה – אלה אתה כותב, ואי אתה כותב הלכות.
“R. Judah b. Nahmani, the public orator of R. Simeon b. Lakish, discoursed as follows: It is written (Exodus 34), ‘Write thou these words,’ and it is written, ‘For according to the mouth of these words.’ What are we to make of this? — It means: The words which are written down you art not at liberty to say by heart, and the words transmitted orally you are not at liberty to recite from writing. A Tanna of the school of R. Ishmael taught: [It is written] ‘These’: these you may write, but you may not write ‘halakhot.’”
How was Oral Law learned before it was written down? Furthermore, why was it not permitted to write the Oral Law? It would have helped the spread of information if the halakhot were written down and not just memorized!
An important aspect of the study of Talmud is that it provides the opportunity for the advanced student to think, innovate and apply his conclusions to practice. One can study any text, but the highest level is to study God’s Word itself rather than any intermediary commentary. The masorah of Torah shebe‘al peh gave the student the principles of learning and some halakhot, but he would then derive the sources for halakhot from the Penetauch itself and apply the principles to new cases of halahah..[iv] Not every detail of every law could always be remembered, but this methodology allowed people to constantly rediscover the laws in the Torah itself.[v] There was a constant connection with the Divine word. The actual learning did not consist of reading a frozen text, but was a lively discussion of the Torah itself. The oral nature also allowed for different people to each teach and learn in their own style, since there was no text confining them. This is how Rabbi Sherira Gaon (c. 906 – 1006) describes teaching before the Mishnah was written down:
Despite the unanimity among the sages in the underlying principles and teachings, each sage taught his students with whichever order and whichever method he preferred.… Some taught general rules; others added details; and others expanded and offered many, many examples and analogies.[vi]
The prohibition on writing the oral law allowed Jews to always be connected with the Divine word itself. The study of Torah was not about the spread of information, but about this connection to Sinai.[vii]