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Top Document: soc.culture.jewish FAQ: Torah and Halachic Authority (3/12) Previous Document: Question 3.14: What is the Gemara and what is the Talmud? Next Document: Question 3.16: What is Talmud Yerushalmi (Jerusalem Talmud)? See reader questions & answers on this topic! - Help others by sharing your knowledge
Answer:
The word 'talmud' literally means 'study'. The Talmud is sometimes
referred to as the Shas. Shas is a shortened form of the term 'Shisha
Sedarim (six orders), a reference to the six orders of the Mishna.
There are two distinct works known as Talmud: the Yerushalmi
(Jerusalem or Palestinian) Talmud, and the Bavli (Babylonian Talmud).
However, the Babylonian Talmud has greater popularity and authority,
so the generic term 'Talmud' almost always refers to the Babylonian
Talmud. The generic 'gemara' thus refers to the gemara of the
Babylonian Talmud. References to the Jerusalem Talmud are explicitly
qualified.
Traditionally, the Talmud is the supreme sourcebook of Law, as it
takes the rules listed in the Torah and describes how to apply them to
different circumstances. Although technically not a legal code (other
works were created for that purpose), it is the ultimate source
material that is used to decide all matters of Halakha (Jewish law).
Traditional rabbis study the Talmud in depth; however, they use the
actual Talmud very rarely, preferring to accept opinions in later law
codes as binding. Study of Talmud for its own sake is considered a
great mitzvah.
Conservative rabbis also consider Halakha as binding, but do not
always accept the most recent and stringent opinions in the latest law
codes as absolutely binding; As such they use the Talmud in the same
way that rabbis of past eras used to use it. This is theoretically
still an option in the Orthodox community, but in practice is used
very rarely.
Reform and Reconstructionist Jews do not teach Talmud in their Hebrew
schools, but do teach it in their rabbinical seminaries. This material
is used as part of the research into the application of Torah law, but
the research also includes study of the larger context of the time,
and the parallels to other co-existant societies.
A citation "Check the gemara, Yevamos 12b" means tractate Yevamos,
folio 12, reverse side of the folio as per the organization of the
Vilna edition of the Babylonian Talmud. Similarly, Chullin 5a would be
the obverse side of the fifth folio of tractate Chullin. "Daf Yomi" is
a program in which the participants study both sides of a folio of the
Babylonian Talmud every day of the year. It takes about 7.5 years to
complete the cycle.
After the closing of the Talmud, there has been considerable further
development of the Law in the areas of practical application, but
always in a tone that reveres the stated views of the Talmudic rabbis
as being on a higher plane than those of our modern scholars, who are
free to interpret but not to contradict. A sharp distinction is always
drawn between Torah Law (meaning law that derives directly from
prohibitions in the Written or Oral Torah) and Rabbinic Law (meaning
law that the Talmudic rabbis adopted as a `fence' to protect us from
unwarily transgressing Torah Law), and different standards are used to
judge cases of doubt in matters of Torah Law than of Rabbinic. Often,
a false distinction is made by uninformed posters between `Torah'
(meaning Written) Law and Oral Law---in traditional Judaism, the two
stand together in distinction to Rabbinic Law. Example: the Written
Law says `an eye for an eye'. The Oral Law says (and historical
documents from the Second Temple era confirm) that this was _never_
intended literally, but rather means `measured and just (monetary)
compensation for damages inflicted'. The Rabbinic Law upholds this
principle, but might still command a man to forego the monetary
damages in certain cases so as not to even come close to transgressing
some other Torah prohibition, such as exacting interest on a debt, or
causing baseless hatred. The first two are Torah, the last is not. But
all are binding on Jews worldwide. (Note: A still lower level of
`law', called minhag, or `custom', is post-Talmudic and usually has
force only within particular communities.)
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Last Update March 27 2014 @ 02:11 PM
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