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Unlock This CourseThe written Torah is short on detail. It says "keep Shabbat" and "do no work", but it does not list exactly what counts as work. Orthodox Jews believe the Almighty gave Moses explanations alongside the written words, and that these were handed on by word of mouth from teacher to pupil. This is the Oral Torah. For many centuries it was only spoken. After the Romans destroyed the Temple in Jerusalem in 70 CE, Jewish teachers, called rabbis, feared the explanations might be forgotten, so they began to write them down.
Key terms:
The Mishnah was written down about 200 CE. It is the first written collection of the oral law. It is arranged in six sections, called orders. They cover farming, festivals, family law, civil law and the courts, the Temple and holy things, and purity.
The Talmud is the Mishnah together with the Gemara. The Gemara records the rabbis arguing about the Mishnah, asking what it means and how it applies. There are two Talmuds. The Jerusalem Talmud is shorter and less often studied. The Babylonian Talmud, finished about 500 CE, is the great work of Jewish study and is the one most often studied.
The Talmud often records disagreements between rabbis without always settling them. Jews see this as a strength. It shows that the law is studied by asking questions, and that more than one view can be heard. Many Jews study a page of Talmud in pairs, arguing out the meaning together.
When a new question comes up that the old books do not answer directly, Jews ask a rabbi, who replies in writing. These written answers are the Responsa. They have been written for centuries and are still written today, for example on questions about medicine or technology.
The Talmud is long and not easy to search. Rabbis therefore wrote Codes, which put the law in order. Maimonides wrote the Mishneh Torah, which you met in the lesson Maimonides and the Thirteen Principles. In the 1500s Rabbi Joseph Karo wrote the Shulchan Aruch, which means "the set table". It became the most widely used code.
Halakhah means "the path" or "the way of walking". It is the whole body of Jewish law, made from the written Torah, the Oral Torah, the Talmud, the Responsa and the Codes. It guides daily life, from what to eat to how to keep Shabbat and festivals.
Written Torah, then the Oral Torah. The Oral Torah was written down as the Mishnah. The rabbis discussed the Mishnah in the Gemara, and together they make the Talmud. Responsa answer new questions, Codes put the law in order, and all of it makes up Halakhah.
Orthodox Jews believe the Oral Torah comes from the Almighty as well, so the Talmud, Codes and Halakhah are binding. They must be obeyed. Orthodox Jews ask a rabbi when they are unsure what the law says.
Masorti Jews respect the Talmud and Halakhah and keep them seriously. They believe the law has always developed, so it can keep developing with the times, guided by scholars.
Progressive (Reform and Liberal) Jews see these works as a guide and a resource, not binding law. They study them and learn from them, but each person and community makes choices about what to follow today.
Why they matter today. For all groups, these works show how Jews have kept the Torah alive for nearly two thousand years. They shape synagogue life, home life, food, Shabbat and decisions about new problems.
Do not say the Talmud is part of the Tanakh. It is not. Do not say the Mishnah and the Talmud are the same. The Talmud is the Mishnah plus the Gemara. Do not say all Jews see Halakhah as binding. Orthodox Jews do, but Progressive Jews treat it as a guide. Do not say Responsa are only from long ago, because rabbis still write them.
(a) Outline two features of the Talmud. [4 marks]
(b) Explain why Halakhah is important in Jewish life. [6 marks]
(c) "The Talmud is more important than the Torah for Jews today." Discuss this statement, considering the arguments for and against. In your answer you should include reference to teachings, other points of view and your own opinion. [10 marks]
(a) One feature is that it is made of the Mishnah together with the Gemara (1), the Mishnah being the first written collection of the oral law and the Gemara the rabbis' discussions about it (1). Another feature is that it records rabbis discussing and sometimes disagreeing (1), which shows that the law is studied by asking questions (1). The Babylonian Talmud being the great work of study would also be credited.
(b) Halakhah is important because it is the whole body of Jewish law, the path that guides how Jews live (1). It covers daily life, such as how to keep Shabbat and festivals and which food to eat (1), so it turns belief into action (1). Orthodox Jews believe it comes from the Almighty and is binding, so they must obey it (1). It is built from the Torah, Talmud, Responsa and Codes, so it links Jews today to teachers over many centuries (1). Rabbis use Responsa to apply it to new questions such as medicine, so it stays useful (1).
(c) Plan. For: the Talmud explains how to keep the Torah in practice, for example what counts as work on Shabbat. Jews often study the Talmud closely, and Codes such as the Shulchan Aruch are taken from it. Against: the Torah is the foundation and the holiest text, read in synagogue every week, and the Talmud only explains it. Progressive Jews treat the Talmud as a guide rather than binding law. Other views: Orthodox Jews say the Oral Torah is as binding as the written Torah, while Masorti Jews say the law develops and Progressive Jews choose for themselves. Possible conclusion: the Talmud is not more important than the Torah, because it depends on the Torah, but for Orthodox Jews the two cannot be separated in practice.
For the 6-mark question, link each point to why it matters to Jews, not just what it is. For the 10-mark question, name at least two different Jewish views and finish with your own reasoned opinion.