What is the difference between the Torah and the Talmud?
What is the Talmud? Is the Talmud part of the Bible? And what is Rabbinic Judaism? Rabbinic Tradition? What is its origin, and what is its definition? And what is Talmud Bavli? What’s the difference between the Jerusalem Talmud vs. the Babylonian Talmud?
Join us, as we take a deep dive into all that, and more…
People want to know; I’ve heard of the Torah (The Bible), and I’ve heard of the Talmud. Are they the same thing? And, if yes, why do they have different names? And what are they both anyway?
So, here’s how it works. The Torah is the body of wisdom which guides the Jewish people. It’s what we received at Sinai from God, in public. As in, in a crowd of about 1.8-3 million people. Not some single fellow coming up with a doctrine s/he claimed to have received from on high or whatnot. None of that. We’re talking about a recorded national event. Not a story easily invented, at all. Now, this Torah contains in it two parts. The written Torah, and the oral Torah. These are known in Hebrew as Torah She’bichsav, and Torah Sheb’al Peh.
Tanakh Definition
Torah She’bichsav, also known as Tanakh (or Tanach), is itself divided into a few sections. In fact, the very term Tanakh is an acronym of its parts: Torah, Neviim, and Kesuvim. However, in a sense it is mainly the first part, Torah; the Chamishei Chumshai Torah, or Five Books of Moses that really encompass all the rest, and are considered primary. The last two, Neviim and Kesuvim, were compiled later, by prophets considered lesser, relative to the greatest prophet, Moshe Rabbeinu (Moses).
Moreover, the later prophets were not allowed to really add anything to the body of the Torah. Everything contained in them is already alluded to in some form in the Torah.
Notice how although the word “Torah” is used in reference to the entire Tanakh; still, within Tanakh itself, the “Torah” section refers to the Five Books only.
When Did Rabbinic Judaism Begin?
The generation that received the Torah was the same generation that left Egypt, of “The Exodus” fame. They received the Torah at Mount Sinai not long afterward, in the year 3338 to creation.
From them, both the written and oral laws were passed on, generation to generation, meticulously. From parents to children, and from teachers to students. In fact, we have a detailed list of every link in this illustrious chain, along with teachings and stories of each one, including whom they were associated with[1]. Clearly, we are not talking about some vague, primitive legend, but a sophisticated, accountable, and carefully preserved tradition.
Torah and Talmud
The way it works is like this; the written Torah is written extremely briefly, and precisely. Some things are impossible to understand without some sort of accompanying system of explanation, and some information is simply missing. In other words, there are gaps in the content being relayed. On top of that, think of it: We are talking about a book authored by God. Obviously, there will be infinite layers of meaning. Every tiny nuance is there for a reason, and alludes to something. But how are we to plumb its depths? We need some kind of guide for that itself.
That’s where the Oral Torah, or the Talmud, comes in.
But there is another part to the Oral Law/Talmud. The written law includes a limited number of scenarios, and only core details, on which it rules. What about the minute details which are not discussed outright? Even more, the history of mankind is fraught with change, often quite drastic. New political realities, social structures and norms, and available tools and technology have been evolving since the dawn of time. So there needs to be a formula with which to extrapolate the Torah ruling on a newly minted case. And that is the second function of the Oral Law. It has a system of extrapolation from verses in the Torah, as well as logical deductions, and depends on the rabbis to determine the verdict, based on a majority ruling.
Oral Law: Not for the Faint of heart
Our tradition tells an enigmatic tale which occurred at the giving of the Torah at Mount Sinai. Moshe offers the Jewish people the Torah, in the name of Hashem (God). The Jews accept, saying “naasa v’nishma”; we will do and we will hear [everything the Torah says]. It would seem like everything is set to go. However, something was missing. Hashem lifts up the very mountain into the air, and hangs it over the nation like a barrel. He gives them an ultimatum: Either you accept the Torah, or you will all be buried alive, right here.
Why? Why was this necessary? Hadn’t the Jewish People already accepted the Torah? The Midrash[2] gives a fascinating answer. The Jews were indeed ready to accept the Torah She’bichsav, the Written Law. However, they still balked at accepting the Oral Law.
The Midrash explains “you will not find [success in learning] the Oral Torah with one who seeks pleasures, honor and greatness in this [physical] world; only with one who kills himself (figuratively) for it… The Oral Law is hard to learn, and there is great pain in it. It is compared to darkness (at first)… It has particularities regarding the commandments, leniencies and stringencies, and it is tough like death, and harsh as the grave. Only one who loves Hashem with all his heart and soul learns it (properly).”
Sadducees, Karaites, and Others
Indeed, historically, various Jewish sects have struggled with accepting the Oral law. It began with two men, Tzadok and Baisos, who lived closer to the beginning of the Second Temple period. They began as students of Antignos of Socho, the leading teacher of Torah at the time.
Misunderstanding a teaching of his as implying there was no heavenly reward for being righteous, they were greatly disturbed by it, and as a result they both left the fold, and formed their own groups. (In fact, his real intention was that you should not serve Hashem for the sake of reward.)
Tzadok’s followers became known as the Tzedokim (Sadducees). Baisos’ followers were Baisosim (Boethusians)[3]. Both groups denied the existence of the Oral Law, and had many debates with the sages, who were referred to as Perushim (Pharisees).
Though the Sadducee sect seems to have fizzled out after the destruction of the Second Temple, a neo-Sadducee sect, known as the Karaites, arose later (there is discussion among historians exactly when[4]) with similar, though not identical views. Christians (who were all Jewish at that time) too, would not accept the Oral Law or its transmitters, the rabbis (Pharisees). We can posit, that another component of Oral Law so many had difficulty with, apart from the intellectual gruel, and nitty gritty nature of its observance, was the precondition of submitting to a Higher Intellect. The nature of man is that we very much like to feel we are in the know. Even a child will instinctively jump to conclusions about the world around them, though they often completely misinterpret what they are seeing. Properly learning Talmud requires a certain humbling of the ego, playing by the intellectual rules of God so to speak, and not by our own instincts.
This is less pronounced when studying Tanach alone, if we are free to interpret it at will. Being beholden to a tradition even in the system of understanding and interpreting it, can seem to some like a threat to self-expression.
Rabbinic Tradition
Originally, as its name implies, the Oral Law was passed down orally only. A few reasons are given for this in Jewish writings[5]. On a simple level though, we can posit that there is a certain level of understanding that can only be given over orally. Even with secular studies, it is widely recognized that studying in a class and attending lectures is a more effective way of learning than simply reading books. No person would entrust their lives to a medical practitioner who learned his or her skill from books alone.
Anyway, this setup continued until after the destruction of the Second Temple (3828 from Creation, or 68 CE). At that point, the persecution of the Jewish people at the bloody hands of the Roman Empire reached its peak. Organized study of Torah was punishable by death, and adequate, comprehensive knowledge of the tradition was threatened. The Torah was in danger of becoming forgotten.
For this reason, the leader of the Jewish people at the time, Rabbi Yehuda HaNasi felt that the paramount necessity of preserving the oral law for future generations trumped the ideal of keeping the oral law oral. And so, he took upon himself, along with his students, the monumental task of compiling, codifying, editing, simplifying, and condensing the existing body of oral law into one concise work. Historians date this event at 170 or 190 C.E, and place it in the Galilean town of Tzipori.
He named this work Mishnayos or “Mishna”, which means to learn, or review. He divided the work into six sections, or “sedorim”, hence the name “Shisha Sidrei Mishna” (the Six Orders of the Mishna), and then again into tractates, known as “masechtos”.
Still, so as not to completely alter the oral method of learning, he only recorded the most basic core summery of the tradition. The explanations, arguments, and supplementary details were kept in their original form, for the time being. This body of knowledge and intellectual pursuit was called Talmud, another word for learning.
Eventually, as ensuing generations continued to decline, even that needed to be committed to writing.
A more comprehensive compendium of the oral law, this time including the back and forth of the Talmudic reasoning, elaborate explanation, additional details, as well as halachos (Torah laws) which were extrapolated after the “sealing” of the Mishna, was now written down. It was built around the structure of the Mishnayos; quoting each Mishna (passage of Mishnayos) in its entirety, and then following with its ensuing discussion.
This too, was done in two installments. At the time, the Jewish community was focused mainly in the Land of Israel, and Bavel (Babylonia). So first, in about 350 C.E. the “Talmud Yerushalmi (or Jerusalem Talmud)” was written down (it was actually written in Teveria/Tiberias)[6], and later (about a hundred or so years later) an even more elaborate version was written in Bavel, by the leading sages of the time, Ravina and Rav Ashi[7]. This is known as “Talmud Bavli (or Babylonian Talmud)”.
Rabbinic Law
Another element to Oral Law and Talmud is Rabbinic Law (known as d’Rabbanan). Its authority is sourced in the tradition itself, and alluded to in the words of the Written Law “lo sasur”; you shall not stray [from all which they teach you][8].
Rabbinic legislation is an important part of the Torah, and its details are described in the Oral Law.
Rabbinic Law serves a few functions:
- As a safeguard for the Biblical law (known as d’Oraisa). Various rabbinic laws prevent people from engaging in acts similar to those of Biblical prohibition, or acts which may lead to Biblical transgression. In essence, the rabbis enacted a fence, so to speak, which protects the garden of Torah.
- Tikun Ha’olam; to ensure smooth function of society. One example is; the witnesses of a divorce document (a Get) must sign their names (rather than rely on them to testify in person. This way, even if the witnesses skip town afterwards, the Get’s authenticity can still be verified). Another example: Don’t redeem captives at more than their value (the Talmud discusses why this is in fact necessary).
- To go the extra mile. As children of Hashem as it were, the Jewish people go above and beyond, in their quest to fulfill God’s will to the utmost. An example of this is the rabbinic mandate to recite Birchas Hamazon (Grace after Meals) even without eating enough to fully satisfy your hunger[9].
Midrash and Talmud
One more component of the Talmud needs to be mentioned here, and that is the Aggadah.
Besides for the laws of the Torah, both the written and oral part of Torah contain stories, exhortations, moral and ethical guide, worldview, and the secrets of existence.
Aggadah, or Aggadeta are the sections of the oral Torah which deal with all of these, and the like. These are also known as Midrash.
Some aggadic pieces expound on the stories and the moral and ethical messages of Tanach; deriving hidden nuggets from nuances in the wording, as well as adding details known through oral tradition alone. Other passages contain stories of later periods, and standalone discussions not directly derived from Tanach.
The Midrash is a series of works (there is more than one Midrash. In fact, there are dozens. Many were lost over time. Some have been rediscovered in recent times, but not all) which recorded much Aggadah. However, the sages incorporated certain key Aggadetah into the Talmud, writing them down alongside the legal discussions.
Is the Oral Law Still Oral At All?
You might wonder, once the Talmud was written, is there any element of the Oral Law which remains Oral? And the answer is yes. Like our earlier analogy, there are some things that cannot be given over in writing. For this reason, until today it is considered imperative to learn Torah from a live teacher, or rebbe. This is greatly emphasized in the “Yeshiva world”.
In truth, learning styles within the Talmudic study system, have varied over the years. In 16th century Poland, Rabbi Yaakov Pollack zt”l popularized styles known as “chiluk” and “pilpul” (connecting seemingly unconnected passages by weaving elaborate and brilliant threads of logic into a complex edifice). Later, especially in Lithuania, emphasis was placed on “lomdus” (distilling the underlying rationale of dinim (laws or rules), and defining their parameters). This approach was fine-tuned and developed into what is known as “Reb Chaim’s derech” (This is a reference to Rabbi Chaim Soloveitchik zt”l. Lived 1853-1918, in Belarus and Poland. He paid careful attention to the exact wording and nuance of earlier commentaries, and pointed out subtle differentiations between seemingly similar concepts).
Still, the different styles all fall under the umbrella of Talmudic approach, and are built on its precepts. Different generations and regions may have focused on different aspects, but they all have their roots in one source.
What Is Daas Torah?
Literally the mind, or understanding of Torah, the term is used to describe a non-halachic decision derived from Torah. For example, in a case where there is no absolute halachic directive to do something, but nevertheless there’s moral or ethical question about the proper way to act, Daas Torah can provide an answer.
Daas Torah can be culled in one of two ways. Sometimes, like halachic ruling, it can be directly deduced from existing statements in the Talmud and its commentaries.
Another form of Daas Torah is more delicate. It’s more like understanding the mentality of the Torah. For this, you need a Torah scholar of the highest caliber. Only someone who besides for being extensively knowledgeable in Torah, is also completely immersed in it, to the point that his views are truly shaped by Torah, can be a source of Daas Torah.
On top of that, you must be sure the person truly fears Heaven, and does not take Torah values lightly. Lastly, he should be of sterling character. If he is selfish or narcissistic, he is not considered a legitimate Torah authority, even if he is a great Torah scholar. Moreover, his Torah is considered flawed[10].
FAQs about Talmud
What is the definition of Gemara?
Gemara is often used as a synonym for Talmud. It literally means tradition or learning.
Since the Talmud Bavli is more commonly studied than Talmud Yerushalmi, the generic term “Gemara” is usually assumed to refer to that one, though technically both talmuds can be considered Gemara.
What is Shas?
The word Shas is an acronym. It stands for “Shisha Sedorim”; the six orders around which the Talmud is structured. Interestingly, the term became used a lot when the powerful Christian church and its censors pressured against the use of the word Talmud[11] (it is unclear though, what it was about that name that got them so nervous).
What language is the Talmud written in?
Interestingly, although most of Tanach, as well as the Mishna, is written in Hebrew, the Talmud is written in a version of Aramaic which was popular in Babylonia at the time.
What are the names of the books of the Talmud?
The names of the Six Orders are as follows:
- Zeraim (seeds, or plants): Deals with agricultural laws, especially in the Land of Israel.
- Moed (time, occasion): Shabbos, Holidays, minor Holidays, etc.
- Nashim (women): Marriage, divorce, and related topics.
- Nezikin (damages): Civil law.
- Kodshim (holy [sacrifices]): Laws pertaining to service in the Bais Hamikdash (the Holy Temple).
- Taharos (purity): Laws of purity and impurity.
How many Masechtos (tractates) are there in total?
There are 63 tractates within the six books of the Talmud. There a few more so-called Masechtos Ketanos (minor tractates) as well. 14 are still in existence, and another two have been lost (Maseches Eretz Yisroel, and Maseches Chanukah)[12].
When was the Talmud first printed?
The first printing of the Talmud began in 1483/1484, by the Jewish Soncino family, in Italy. This edition was never completed. Around the same time, individual volumes were printed in Guadalajara, Spain as well[13] (shortly before the catastrophic expulsion of 1492).
The first full Talmud was printed in Venice, by a non-Jewish printer named Daniel Bomberg. The project was completed in four years, from 1519-1523[14].
Who created the pages in the Talmud?
The pagination of most printed editions of Talmud is uniform. This makes finding referenced quotes easier.
This pagination was created by Bomberg, in his first and second editions of his Talmud printings, and has been followed by almost all printers since[15].
More recently, in 1923 Rabbi Meir Shapiro instituted Daf Yomi, a learning cycle based on learning one page of Talmud a day. The program was announced and instituted at the First World Congress of Agudath Israel, in Vienna. These pages, of course, are the same pages created by Bomberg.
[1] See Avos Chapter 1, and Rambam’s introduction to Mishna Torah
[2] Tanchuma, Noach, 3
[3] Avos D’rav Nosson 5,2
[4] See https://en.wikipedia.org/wiki/Karaite_Judaism
[5] See Shemos Rabbah, 47,1, More Nevuchim 1, 71
[6] See https://en.wikipedia.org/wiki/Talmud#:~:text=The%20older%20compilation%20is%20called,refers%20to%20the%20Babylonian%20Talmud.
[7] Iggeres Rav Shrira Gaon. See also Rashi Bava Metzia 86a, d”h “sof horaah”
[8] See Shabbos 23a
[10] See Vayikra Rabba 1,15 and commentaries there, and Even Shleima 1,11. See also Sanhedrin 106b
[11] https://en.wikipedia.org/wiki/Talmud#Middle_Ages
[12] https://he.wikipedia.org/wiki/%D7%9E%D7%A1%D7%9B%D7%AA%D7%95%D7%AA_%D7%A7%D7%98%D7%A0%D7%95%D7%AA
[13] https://jewishaction.com/cover-story/printing-the-shas/
[14] https://en.wikipedia.org/wiki/Daniel_Bomberg
[15] https://en.wikipedia.org/wiki/Daniel_Bomberg
