Rav Shagar on Being Religious as Being Weird and Avant Garde, with a Note about Academic Bible Scholarship

So apparently men wearing skirts is getting more and more popular (hold onto your hats, because this essay is going to end up talking about academic Bible scholarship). Just a few years ago, however, it was considered avant garde, meaning that the men doing it were breaking cultural norms, but they were doing so with confidence. That confidence is the key factor in whether breaking cultural norms makes you a weirdo, a loser, or makes you avant garde. If you can pull it off, this confidence often wins the respect of the culture whose norms you are breaking; often, however, the avant garde remain something of a marginalized group.

Any person who defines herself as both modern and religious invariably finds herself in this position. The cultural norms of contemporary western cultures are, to a great degree, secular, and so being religious means breaking those cultural norms. Being religious can therefore require being “weird,” or having the confidence to be avant garde.

Writing in the religious Zionist community in Israel at the turn of the millennium, Rav Shagar strived to create Jews who saw themselves as avant garde. Concluding an essay on love and marriage in the postmodern era, he writes:

I would love to see marriage as the true avant garde of today’s society, marriage as a covenant, in the rite of Moshe and Israel. The true rebellion is the Orthodox rebellion to be a “loser” (freier) in a world where not a single person is willing to be a loser, to commit in a place where everybody runs from commitment. This is intimately bound-up with self-sacrifice, but self-sacrifice in this sense is the very essence of the covenantal relationship. (“Love, Romance, and Covenant,” Nehalekh Beragesh, p. 286)

Finding postmodern sensibilities about romance to be decidedly more “frum” than modern ones, Shagar argued that religious Zionists should take up this postmodern yet very traditional view of marriage, even if it means breaking with the non-committal values of mainstream Israeli society. Notably, Shagar invokes the idea of being a freier, a “loser,” something Israelis are constantly attempting to avoid, and asserts that religious Zionists should embrace that role, being willing to sacrifice for the betterment of others, which is the foundation of a covenantal relationship.

At the very end of an essay on the interplay of education and ideology, Shagar looks to the future of religious Zionist education in Israel and argues that we have to be educating for avant garde-hood.

For what, then, shall we educate? How will we want to see the next generation of religious Zionism? I would prefer to strive to make it an avant garde generation. What do I mean by this? – the stubbornness to hold on to ethics in a world without ethics; to faith in a nihilistic world; to be the “loser” of the world out of a sense that “This is how I am and this is how I want to be.” This is a holy rebellion: the rebellion against the rebellion, a postmodern rebellion against the modern rebellion. Education needs to create complex people, with many aspects and no need to construct ideological unity that will resolve them, by creating a deep and rooted Jewish identity that can connect with and absorb the different direction and oppositions. (“Education and Ideology,” Luhot U’Shivrei Luhot, pp. 206-207)

Shagar is pushing for a broad embrace of values in the face of a culture that rejects them. Mainstream Israeli culture, he says, is unethical and nihilistic; we must therefore break with it in being ethical and full of faith. Religious values necessarily set us apart from the broader culture, and we must embrace that gap.

It is critical to note that Rav Shagar is not arguing for the approach taken by Haredi society, which in that same essay about education he calls a “heterotopia” (a term he adopts from Michel Foucault), a society that is so disconnected from all other societies that its boundaries are determined not by where it butts up against other societies but by its own nature. It’s so separate that it doesn’t really even know other societies exist. Shagar admits that this depiction is idealized, not necessarily fitting the reality of contemporary Haredi society, and he therefore calls it “rectified” or “authentic” Haredism (for the latter, see the essay “Religious Life in the Modern Age,” also published in English in the book “Faith Shattered and Restored”). However, real Haredi society is still very separate from mainstream Israeli society, particularly when contrasted with the religious Zionists who, as Shagar says, “live in multiple worlds” (Education and Ideology,” pp. 183-185). This means that Haredim cannot be avant garde; in a sense, you have to be part of the culture in order to be a counter-culture, while Haredim are simply a different culture altogether. Religious Zionists, as well as Modern Orthodox Jews in the US and anyone who finds herself in a similar situation, are fully a part of mainstream, modern, society. This is what makes it significant when we break away from it. Breaking with the norms of our own culture, or perhaps more accurately the norms of the larger culture, marks us as weird and often draws scorn. The trick, however, is to embrace that difference and wear it confidently, thus shifting from “weird” to “avant garde.” We must realize that we’re different, and not expect to fit in perfectly, which means accepting that we will not be embraced by our larger culture one hundred percent of the way.

 

By way of conclusion, and to keep my parenthetical promise from the beginning of this post, I want to apply this model to recent discussions about academic Bible scholarship. This most recent debate was inspired by R. Dr. Joshua Berman’s essay “The Corruption of Biblical Studies” on mosaicmagazine.com, which argued that “conservative” scholars and scholarship are consistently marginalized in the world of academic Bible scholarship. This inspired 4 responses on the site from other scholars, followed by Berman’s rejoinder, as well as other pieces around the internet such as a piece by Prof. Marc Brettler on thetorah.com and one on thelerhaus.com by Dr. Michah Gottlieb. This last piece concludes, based on R. Shimshon Raphael Hirsch, that “an Orthodox Jew engaged in biblical criticism is knotted in impossible self-contradiction.” This piece, as well as Berman’s first piece, fall prey to some of the problems I mentioned above. R. Hirsch, as portrayed by Gottlieb, seems to fit into the heterotopic-Haredi model, seemingly pushing for Orthodox or conservative scholars to withdraw from biblical scholarship entirely, not recognizing that there are models of Orthodoxy that can embrace some form of historicism (for some of Shagar’s approach to historicism, see “Religious Life in the Modern Age”). Berman, on the other hand, seems to not be accepting that Orthodox and “conservative” scholars are in some ways breaking from the mainstream culture of academic Bible scholarship (I make this point somewhat more tentatively than the previous one). Such scholars will therefore almost unavoidably be marginal figures, and that uncomfortable status ought to be proudly embraced. This doesn’t mean that it is a good thing or that it shouldn’t be pointed out, but it does mean that it’s probably here to stay.

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Rabbinic Readings – Yael Ziegler’s Ruth

Ruth: From Alienation to Monarchy” is the fourth of Maggid Books’ new Tanakh series, Maggid Studies in Tanakh. Written by Dr. Yael Ziegler, Ruth explores the biblical book of Rut, also known as Megillat Rut, from what the author terms a “literary-theological” perspective. The book focuses primarily on three things: (1) the ways in which Megillat Rut responds to and attempts to rectify Sefer Shoftim; (2) the purpose of Megillat Rut, particularly as it relates to interpersonal ethics, kindness, and the establishment of the monarchy; (3) the way rabbinic literature expand on and respond to the biblical text of Megillat Rut. Throughout these explorations, Ruth is both unabashedly traditional and fervently academic, probably the most academic of Maggid’s Tanakh series thus far.

ziegler-ruth_final_2d_1_1Megillat Rut opens with the time-frame within which the book occurs. “And it was in the days of the judging of the judges” (Rut 1:1)[1]. Ziegler discusses the exact meaning of this extensively. She brings in a variety of midrashic opinions that attempt to narrow down exactly when in the several hundred years encompassed by the book of Shoftim the narrative of Megillat Rut is supposed to have occurred, analyzing these rabbinic texts to determine not just what textual cues they are based on but also what thematic elements they are drawing out of the biblical text. This thematic analysis combines with an extensive discussion of the book of Shoftim itself, in an attempt to determine what message about society Sefer Shoftim is trying to convey overall. Concluding that Shoftim depicts a society that is rife with alienation and anarchy,   where people are regarded as objects rather than subjects, Ziegler argues that Rut depicts the solution to, or reparation of, this society by depicting a narrative that moves from alienation to recognition, culminating in the creation of the Davidic line and, implicitly, the monarchy.

The entire purpose of Megillat Rut is to explain the lineage of the monarchy, to the provide the family tree of king David, at least according to one midrash Ziegler quotes. Another suggests that the purpose of the book is to teach about proper behavior, not in the realm of halakhah of but in the realm of interpersonal ethics. Rut, according to this midrash, should be read with an eye to acts of Ḥesed, lovingkindness, and the rewards received for those actions. Ziegler accepts both of these midrashim, arguing that Megillat Rut depicts a form of self-abnegating kindness that, while it might be too extreme for the average person in their daily lives, is absolutely necessary for a proper monarch. It is through acts of such extreme giving and openness to the Other, Ziegler argues, that Rut takes the characters, and the reader, from the leaderless period of the judges to the rising of the monarchy.

Ruth constantly quotes and references midrashim from across the entire span of rabbinic literature. Ziegler analyzes midrashim with an eye to two things, midrashic sensitivity to the biblical text and themes that the midrash is either drawing out of or introducing into the biblical text. The themes highlighted by a midrash can be used to illuminate a character or scene left somewhat sparse by the biblical text. Rabbinic texts also often identify anonymous or mysterious characters with more well-known figures, and analyzing their reasons for doing so can provide deep insights into the nuances of the biblical text. However, the plentitude of midrashim quoted in the book can also create a sense of separation from the biblical text. The reader of Ruth may occasionally feel that, while they know the relevant rabbinic literature quite well, they are somewhat unclear on, and disconnected from, the biblical text. This weakness could itself be a strength, however. The midrashic survey that constitutes much of Ziegler’s book could be an excellent introduction to midrashim more generally, guiding the reader through learning how to read and analyze midrashim.

Ruth is also in dialogue with contemporary academic commentaries on Rut. References to agreements and disagreements with scholarship show up throughout the text and footnotes of Ruth. Despite this, Ruth is not an academic text. In the introduction, subtitled “Methodology of Tanakh Study,” Ziegler explicitly steps out of academic discourse, stating a preference for reading Rut with an eye to contemporary theological relevance[2]. The introduction also gives the reader a broader historical context for Ruth, and for the “literary-theological” method employed therein, exploring the rise of literary criticism, its development within the Bible scholarship, and its adoption within traditional Jewish study of Tanakh. For this introduction alone, Ruth is a must for the Modern Orthodox reader of Tanakh, giving precious background for the tools and teachers that enrich our studying of the biblical text.

The academic engagement of the book goes beyond references and background, fundamentally shaping Ziegler’s methodology and discussion of the biblical text. Attention is paid to the literary effects of word choices and syntax. Parallels from across the entirety of Tanakh are brought to bear in interpreting the meaning of various passages. There are several excursuses on a variety of larger topics in the study of Tanakh, including type-scenes, oaths, and more. All of this is melded with a more traditional rabbinic approach, often showing how midrashim and rabbinic commentators were doing the same, or similar, things to what modern academic scholars to today.

Yael Ziegler’s Ruth: From Alienation to Monarchy is an excellent study of the text of Megillat Rut, plumbing its linguistic depths, its purposes and goals, and its extensive rabbinic interpretation, all of which is conveyed in contemporary language, with clear intention that the moral and theological lessons gleaned should be applied by the reader in their own lives. It is also a great introduction to the basics of an academic, literary-critical, method of studying Tanakh. And most of all, Ruth demonstrates how the tradition and the modern, the rabbinic and the academic, can work so wonderfully together.

 

[1] Translation copied from the text used by Ziegler in “Ruth.”

[2] The irony of a methodological introduction that professes the larger book, and thus itself, not to be academic is hard to miss.

Parashat Bereishit – Dualities of Creation, Dualities of Man

בְּצֶלֶם אֱ׳לֹהִים בָּרָא אֹתוֹ

Sefer Bereishit starts out by depicting ‘א’s creation of existence, a depiction that has come under attack from a number of perspectives. Perhaps the most well known attack is the way it does not at all match the current scientific models for the origin of the universe. The religious responses to this have been threefold, either reinterpreting the text to fit with modern science, asserting that the Torah is essentially a religious document and does not intend a scientific description of Creation, or just ignoring the issue entirely. Slightly less well known, though far from unheard of, is the attack from the school of Biblical Criticism referred to as the Documentary Hypothesis. The Documentary Hypothesis is based off of the idea that the Torah is composed of texts derived from different, and often contradictory or redundant, source texts. A prime example of where critics see multiple sources is the first two chapters of Sefer Bereishit, which are split into Bereishit 1:1-2:3 and Bereishit 2:4-3:24. They point out a number of contradictions found in these two pericopes, such as where the creation of Man falls out in the order of creation, and how long the whole process takes. In the first chapter of Bereishit, Man is created on the sixth day, after all of the plants and animals and the rest of the natural world (1:26-30). In the second chapter, Man comes first and is in fact a precondition for the existence of plant and animals; they only exist due to Man (2:5, 18-20). In contrast to the measured, seven day process of the first chapter, the second chapter depicts creation as occurring in a day. “These are the generations of the heaven and of the earth when they were created, in the day that the LORD God made earth and heaven” (Bereishit 2:4). Based on these, and other, contradictions they see the two passages as having originated as two separate creation stories. This approach is applied quite liberally throughout the rest of Tanakh[1]. Starting with R’ Mordechai Breuer[2], religious scholars[3] have actually embraced this method of finding different voices in the text of the Torah, without giving up on the idea that the Torah was revealed to Moshe by ‘א. Being a prophetic text, the Torah is understood to deal with divine truths too complex to necessarily be written down without being somewhat contradictory. Similarly, the Torah also depicts the nature of Man as being complex, and thus subject to self-contradiction. Walt Whitman depicted human nature as similarly complex[4].

Do I contradict myself?

Very well then I contradict myself,

(I am large, I contain multitudes.) [Song of Myself, 51]

These contradictions are particularly manifest in the two versions of the Creation of Man found at the beginning of Sefer Bereishit, and a careful analysis of them points toward the Biblical view of Man’s nature.

The first chapter of Sefer Bereishit is characterized primarily by being incredibly ordered. Everything goes exactly according to ‘א’s Will, and He sees that it is good. Each of the creations of the first three days sets up for the creation that occurs three days after it, the light (Day 1) setting up for the cosmos (Day 4), the water and skies (Day 2) setting up for the fish and the birds (Day 5), and the land and the plants (Day 3) setting up for the animals and for Man (Day 6). Everything is set up so that it will run naturally forever. The celestial bodies will govern the seasons forever, and all the plants and animals can continue their species. One of these orderly creations is Man. However, Man is something of an anomaly in this ordered process, as the only creature that is created in the image of ‘א, the Creator. Thus man is both Creature and Creator. Specifically, the Image of God is manifest as Man being a dominating force[5] in the world, as explicated by the blessing Man receives from ‘א, “Be fruitful, and multiply, and fill the earth, and subdue it; and have dominion over the fish of the sea, and over the birds of the air, and over every living thing that creeps upon the earth” (Bereishit 1:28). Man is given the ability to be in charge of every living thing, and to consume all plant-life (1:29).

In contrast, the second chapter of Bereishit depicts Man as existing to serve a purpose, rather than other things existing to serve Man’s purposes. Man’s creation fills a specific need, “and there was no a man to work the ground” (2:5), and then Man is given a corresponding assignment, “And the Lord God took the man, and put him into the garden of Eden to work it and to keep it” (2:15). Man exists to serve a purpose. This stands in direct contradiction to the first chapter, but it would be a mistake to assume the two chapters only contradict. In many ways the second chapter builds on the first. The first chapter depicts Man as part of the orderly process of Creation, and the second chapter goes out of its way to hammer home the fact that Man is essentially just like every other living thing. When Man is created from the earth the Torah says, “And Adam became a living creature (נֶפֶשׁ חַיָּה)” (Bereishit 2:7). Then when ‘א creates the animals they are each referred to as a living creature (נֶפֶשׁ חַיָּה) (Bereishit 2:19). Moreover, the possibility is entertained that the proper helper for Man might be one of the animals (2:18-20). Where in chapter 1 Man and the animals are differentiated by Man’s being created in the Image of ‘א, in the second chapter they seem to be part of essentially the same category. However, as the second chapter progresses Man is differentiated from the animals in a manner separate from their shared nature as creatures. In contrast to the animals, it is stated regarding Man, “And the Lord God commanded the man” (2:16). Man’s uniqueness is not a function of his innate nature, but of his being commanded. This builds on the way the second chapter of Bereishit depicts Man as created  for a specific purpose.

The two creation stories depict two different understandings of the nature of Man. The first chapter sees Man as somehow dominant and superior to the other creations. He can use all of them to serve his purposes. The second chapter sees Man as inherently equal to the other creatures, and intended to serve a purpose, to care for those creations, and to follow ‘א’s command. These understandings are very different, and they certainly contradict, but they do not have to be at odds with one another. The two approaches play off each other and integrate very interestingly. Perhaps it is the unique ability of Man, as per Chapter 1, that makes incumbent upon him unique responsibility, as per chapter 2. Chapter 1 sees Man as having a unique power over nature; Chapter 2 ask what Man is going to do with that power to serve ‘א and the world. And even if in their essence the two understandings of Man are at odds, they can be applied practically in very similar ways. As a creature, Man should feel solidarity with all life, and therefore should be careful not to abuse it. As a creator, Man has a responsibility to be benevolent and care for those less fortunate. We are complex beings, and to paint us with a simple brush is to ignore what makes us great and obscures all that we have to give.

[1] For a discussion of some of the problematic aspects of the Documentary Hypothesis, from a literary perspective, see here.

[2] He based this approach, among other things, on the midrash that says that the two names of ‘א, Elohim and YVHV, correspond to Divine Justice and Divine Compassion. The first chapter of Bereishit uses exclusively the name Elohim, while the second uses YHVH.

[3] While I don’t agree with everything he says, here or elsewhere, an excellent depiction of this method by R’ Menachem Leibtag can be found here.

[4] These internal tensions of Man are also discussed by, among others, the Hermeneutic Philosopher Paul Ricoeur, by R’ Joseph Soloveitchik in “The Lonely Man of Faith,” and by myself in my devar torah for Parashat Re’eh 5774.

[5] This also fits with the Ancient Near Eastern context of the phrase, “Image of God.” Outside of the Torah, this phrase is only applied to kings. The Torah applies it to all men, declaring them all equal. For more on this, see R’ Shai Held’s devar torah on Bereishit 5775.

Yom Kippur 5775 – Cleansing The Mishkan, Cleansing Our Lives

לְטַהֵר אֶתְכֶם מִכֹּל חַטֹּאתֵיכֶם לִפְנֵי יְ׳הוָה תִּטְהָרוּ

The sixteenth chapter of Sefer Vayikra describes the details[1] of the Kohen HaGadol’s ritual service in the Mishkan/Mikdash for Yom HaKippurim. The Kohen HaGadol goes back and forth, changing out of various sets of clothing, slaughtering certain animals, and using those animals’ blood to purify the Mikdash/Mishkan. The purpose of all of these rites is explicitly described in Vayikra 16:32-34.

32 And the priest, who shall be anointed and who shall be consecrated to be priest in his father’s stead, shall perform the cleansing (כפר), and shall put on the linen garments, the holy garments. 33 And he shall cleanse (כפר) the most holy place, and he shall cleanse (כפר) the tent of meeting and the altar; and he shall cleanse (כפר) the priests and all the people of the assembly. 34 And this shall be an everlasting statute for you, to cleanse (כפר) the children of Israel of all their sins once a year.’ And he did as the LORD commanded Moses.

The purpose of the rituals of Yom Kippur is to cleanse the Nation of Israel and the Mikdash from the Impurity that their sins have caused. While it seems intuitive that Bnei Yisrael would need to be cleansed from their sins, it seems rather arbitrary and strange that the Mikdash and the Altar therein would need to be cleansed from the transgressions of Bnei Yisrael. How are the two connected? Answering this question requires delving into the cultural and historical context of Israel’s Impurity laws in general[2], and the Yom HaKippurim rituals in specific, which reveals the incredible power and importance they attribute to the actions of Bnei Yisrael.

The entering of the Kohen HaGadol to the holy of holies on Yom HaKippurim is closely paralleled by the entrance of the King of Babylonia to the Temple of Marduk on the fifth day of Akitu, accompanied by the high priest[3]. However, as with other such parallels, what is striking is not the large amount of similarities but the differences between the two sets of rituals. The most important difference in these specific rituals is who the rituals are focused on. Once inside the temple, the King would declare, “I have not sinned, O Lord of the universe, and I have not neglected your heavenly might.” The focus is entirely on the King and things he might have done. In stark contrast, the rites of Yom Kippur focus on the people themselves. “And he shall cleanse the priests and all the people of the assembly. And this shall be an everlasting statute for you, to cleanse the children of Israel of all their sins once a year” (Vayikra 16:33b-34a). Where the only person really valued by the Babylonian ritual is the King, the Yom HaKippurim service makes it clear that every member of Bnei Yisrael is important, and thus each and every Israelite must be purified.

Above and beyond the specific rituals of Yom HaKippurim, there are important contrasts between the whole system of Impurity Laws as found in the Torah and those from the surrounding cultures[4]. The various cultures of the Ancient Near East were full of such impurity laws, and they all shared a common purpose of fighting the demonic. In their mythologies, the gods were in constant struggle with demons, who drew their power from Impurity. Therefore any source of impurity, whether a corpse or a body emission or loose hairs and fingernails, aided the demons in their fight against the gods. It was for this reason that impure people were not allowed access to the temple, popularly thought of as the living space of the god, for fear that they would cause impurity therein and make the god of that temple vulnerable to the demons. In a case of a large build-up of Impurity in a temple, the god of that temple could even be driven away, forced out of their own abode. The yearly purification-rituals were intended to cleanse the temple of any impurities that might have developed anyway, and thus strengthen the god.

The Israelite conception of Impurity deviates strongly from this. Instead of focusing on the demonic, the Torah’s purity laws express the great tension between Life and Death, with Impurity resulting from events and processes associated with Death[5]. The most obvious example of this is Tsara’at, which, in addition to being a debilitating disease, causes the afflicted to resemble a corpse. Hence, when Miriam is afflicted with Tsara’at,  Aharon pleads, “Let her not be like a corpse” (Bamidbar 12:12). The Torah sees impurity not as empowering some mythological demonic force, but as an expression of the profound tension between Life and Death. Thus when someone or something is impure and cannot enter the Mikdash, this is a function of sensitivity to the great value of Life.

The laws of Tumah and Taharah, Impurity and Purity, are part of the Torah’s larger emphasis on Life, as seen in the command to the nation to “Choose Life” (Devarim 30:19). Throughout Sefer Devarim there is a profound emphasis placed on the value of Life and on Life as a goal of keeping the Torah. It is due to this emphasis that deliberate transgressions of the Torah create impurity that can be cleansed only by the rituals of Yom HaKippurim[6]. Intentional violations of the covenant between Bnei Yisrael and ‘א create impurity that affects the Mishkan so dramatically that it has to have a special ceremony to remove it, rather than being removed by normal atonement processes.

Where the various cultures of the Ancient Near East saw their gods as threatened by demons, the Torah says that ‘א’s presence is impinged upon by Death, and Man’s hand it it. When we break away from the Torah, we break away from a life-affirming covenant with ‘א, and we push away the presence of the Living God. It is reminiscent of an aphorism of the Kotzker Rebbe. “Where is God? Wherever you let him in.” The Yom HaKippurim rites in the Mikdash reaffirm ‘א’s desire to live amongst His People Israel. However they also make it clear that ‘א has made His being present dependent upon us. We no longer have the Bet HaMikdash, or the Mishkan, but the same is true in our own lives. When we affirm ‘א’s Torah, and when we embrace Life, we invite ‘א into our lives. But when we break away from the Torah we push Him away. Yom HaKippurim is a time when ‘א re-enters our lives, expecting us to have done our part to invite him back in. Throughout the liturgy of Yom HaKippurim, ‘א forgives us even before we do Teshuvah[7]. He returns to us, it is up to us to empty ourselves of the things we have done wrong, and to return to Him.

[1] A step-by-step, in depth, detailing of the ritual is recorded in the mishnayot of Masekhet Yoma.

[2] For those uncomfortable taking such an approach to understanding the mitsvot, I would point out that Rambam applied this approach rather liberally in Moreh Nevukhim, and I would add that archaeology has shown Rambam to be rather correct in doing so.

[3] A little bit on this parallel can be found in this less than excellent Ha’Aretz article. For a  more comprehensive  discussion with far better analysis, see the introduction to J. Milgrom’s commentary on Sefer Vayikra.

[4] For more, see J. Milgrom, “The Rationale for Biblical Impurity.” Additionally, see the introduction to J. Milgrom’s commentary on Sefer Vayikra.

[5] Ibid.

[6] The Jewish Study Bible, Vayikra 16:1-34n.

[7] R’ Amnon Bazak.

Parashat Re’eh – On being a Redeemed Slave and a Redeeming Master

עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם וַיִּפְדְּךָ יְ׳הוָה אֱ׳לֹהֶיךָ

 

Parashat Re’eh begins Sefer Devarim’s legal code in earnest. It begins with the requirements regarding emptying the Land of Israel of Idolatry, and ensuring that it stays emptied in chapters 12 and 13. Chapter 14 discusses what foods may or may not be eaten by Bnei Yisrael, and chapter 15 contains the laws regarding providing for the poor of the Israelite society. These laws, perhaps the most emphatic legislation of social justice in the entire Torah, contain one of the many apparent legal contradictions between Sefer Devarim and other books of the Torah. The laws governing the freeing of a slave, found in Devarim 15:12-18, are also found in Shemot 21:2-11. However, a closer look at the differences between the two passages demonstrates that they really need not be thought of as contradicting[1], and, in fact, their differences are a manifestation on the way the two pericopes focus on different aspects of what it means to be human.

The laws regarding Freeing a Slave in Sefer Shemot are found at the beginning of the Covenant Code, “ספר הברית,” that Moshe presents to the people after his first stay on Har Sinai (Code – Shemot 21-23; Presentation – 24:1-11).

If you buy a Hebrew servant, he shall serve for six years and in the seventh he shall go out free for nothing. If he came in [to slavery] by himself, he shall go out by himself; if he is married, then his wife shall go out with him. If his master gave him a wife, and she bore him sons or daughters; the wife and her children shall be the master’s, and he shall go out by himself. But if the servant shall plainly say: I love my master, my wife, and my children; I will not go out free; then his master shall bring him to the judge, and shall bring him to the door, or to the door-post; and his master shall bore through his ear with an awl, and he shall serve him for ever. And if a man sold his daughter to be a maid-servant, she shall not go out as the men-servants do. If she is not pleasing to her master, who has designated her for himself, then he shall let her be redeemed; he shall have no power to sell her to a foreign people, since he has dealt deceitfully with her. And if he designates her for his son, he shall deal with her after the manner of daughters. If he takes another wife, her food, her raiment, and her conjugal rights, he shall not diminish. And if he does not provide these three for her, then shall she go out for nothing, without money.

These laws are largely similar to those found in Devarim 15 that are part of the legal framework of the Israelite society that will be created in the Land of Israel.

If your brother, a Hebrew man, or a Hebrew woman, is sold to you, he shall serve you for six years; and in the seventh year you shall send him free from you. And when you send him free from you, you shall not send him empty; you shall furnish him liberally from your flock, and from your threshing-floor, and from your winepress; From that with which the Lord your God has blessed you shall you give to him. And you shall remember that you were a slave in the land of Egypt, and the Lord your God redeemed you; therefore I command you this thing today. And it shall be, if he says to you: ‘I will not go out from you’; because he loves you and your house, because he fares well with you; then you shall take an awl, and thrust it through his ear and into the door, and he shall be your slave for ever. And also to your slave-woman you shall do likewise. It shall not seem hard to you, when you send him free from you; for double the work of a worker has he served you six years; and the Lord your God will bless you in all that you do.

There are many similarities between these two passages, but there are also several key differences. The verses in Devarim fail to mention that the slave who enters single leaves single, and one who enters married leaves married, but it adds the mitzvah to provide your former slave with produce and livestock in order to help him get back on his feet. The passage in Devarim treats male and female slaves the same, while the passage in Shemot explicitly differentiates between them[2]. The slave in Shemot wants to stay with his master because he loves his master, his wife, and his children, whereas in Devarim the slave loves his master and his master’s house.

These differences are all manifestations of a larger dichotomy, which becomes clearer when looking at a linguistic difference between the two pericopes. The verses from Shemot consistently refer to the slave leaving with the master as the slave “going out,” while the passage from Devarim refers to it as the master “sending the slave free.” The passage in Devarim seems to be focusing on the actions of the master, where the verses in Shemot are speaking about the actions of the slave. This dichotomy is compounded by the way in which the master is spoken about in each passage. Whereas in Shemot the master is referred to as “the master,” in Devarim the master is addressed directly as “you.” This all seems to indicate that the passage in Devarim is discussing the laws in terms of the master, whereas the one is Shemot is speaking of the perspective of the slave. With this in mind, the differences between the two sets of laws make perfect sense. The slave’s marital status and the special marriage/servitude of the slave-woman are only spoken of in Shemot, which deals with the slave’s perspective, while Sefer Devarim focuses on the need to release the slave at the end of six years and to grant the slave property, obligations that are incumbent upon the master. The split between the two books of the Torah also makes sense, in that the Covenant Code was addressed to people who had only recently been slaves in Egypt, whereas Moshe’s speeches in Sefer Devarim were said to their children who not only had never been slaves, but were about to go into the land as new owners of houses, fields, and presumably servants as well. The laws of regarding the freeing of slaves are spoken to both former slaves and future masters, and both of these are alluded to in the reason that the Torah gives for the laws. “And you shall remember that you were a slave in the land of Egypt, and the Lord your God redeemed you; therefore I command you this thing today” (Devarim 15:15). These laws must be kept because the Israelites were slaves in Egypt, and so they remember what it is like to be a slave, but also because ‘א is the Redeemer and the Israelites, in imitation of ‘א must also be redeemers.

The tension between the mindsets of a slave and a master is ingrained in the Israelite consciousness. The freedom granted to slaves in the Yovel year is ultimately a function of servitude, as ‘א declares, “For Bnei Yisrael are to me as servants; they are my servants that I took out of the Land of Egypt” (Vayikra 25:5). Yet being a master, owning slaves, throughout the Torah, brings upon a person many laws obligating them in the way they must provide for and take care of the slave. A person who acquires a slave has acquired for themselves a master[3]. This tension is part of a greater set of tensions that make up what it means to be human. Perhaps the primary tension, underlying all of the rest, is found in the first chapter of the Torah. Man is an anomaly the orderly process of Creation, the only created thing that resembles the Creator (Bereishit 1:27). The tension between the created and the creator in Man underlies much of the stories throughout Tanakh[4], but also in the laws of the Torah. The commandment to rest on Shabbat is given two different reasons in the Torah. Bnei Yisrael must rest on Shabbat because they are like ‘א (Shemot 20:7-10), who rested on Shabbat, but also because they are like the rest of the created (Devarim 5:11-14), all of whom must rest equally.

We are complex beings, neither masters of our own domain nor slaves, without a hand in the course of history. Not quite created or creator, we are unique. However, this uniqueness is not a reason for us to sit back and rest on our heels. No part of the complex mosaic that is man provides an exemption from responsibility.  Having been slaves does not entitle the Israelites to mistreat others, and being endowed with Creator-hood, far from granting us privileges, enjoins us to rest from the act of creating. Whether we are created to conquer and to dominate (Bereishit 1:28) or to serve and to protect (Bereishit 2:15), it is clear that we are created to be responsible, both to our Creator and to our fellow creatures.

 

[1] I am indebted for much of the textual analysis in this composition to an essay by Rav Yonatan Grossman.

[2] Rashi actually explicitly deals with these contradictions in his commentary on Devarim 15:12, “Has the Torah not already stated ‘and when you buy a Hebrew servant’ Rather, the repetition here adds two new details. Firstly, that the female servant also goes forth after six years, and secondly, that the parting servant is to be provided with gifts.”

[3] Talmud Bavli, Masekhet Kiddushin, 20a.

[4] The story of the first transgression of Man in Bereishit 3 is a great example, as it is explicitly mentioned in Bereishit 3:5&22.

No Fear Biblical Criticism – Part 4: Axioms and Subjectivity

No Fear Biblical Criticism – Part 4

Axioms and Subjectivity

(For those just joining us, here are Parts One, Two, and Three)

Perhaps the most important thing to understand about the intersection of Biblical Criticism and religious thought is that they have fundamentally different ways of thinking about and approaching the Tanakh. This isn’t a matter of proofs or faith, simply of axioms. An axiom is a starting point for a line of reasoning, one that is not proven, but simply accepted. Most axioms are understood to be self-evident, but that does not have to be the case. Sometimes, an axiom that some find to be self-evident can be disagreed with by others, without either side actually being able to prove their axiom more correct. Such is the case when it comes to Biblical Criticism, as I will attempt to demonstrate in brief.

The first and most important axiom to appreciate regarding Biblical Criticism is the Non-Existence of Prophecy[1]. This is in direct contrast to the basic assumption of most religions, certainly of Orthodox Judaism, that ‘א communicates His Will to man. This is important to realize because it enables proper understanding of things like the Documentary Hypothesis. The Documentary Hypothesis was never meant to prove that the Torah is not Divine. Rather it started with that assumption, with the knowledge that the text was human, and based its approach on that. It is true that Source Critics at no point ran into anything that made them stop and consider that the text might be Divine, but that was also never really an option. Orthodox Jews, on the other hand, tend to start with the belief that the Torah is Divine, or at least that such a thing is possible. Therefore when looking at the text Bible Critics and Orthodox Jews are more or less guaranteed to see different things, simply due to their underlying assumptions.

A second important axiomatic difference to appreciate is the understanding of Context[2]. Everyone agrees that ideas must be understood in their proper contexts, including Tanakh. However, the Academic and Traditional[3] approaches to the text differ in terms of what context they put the Tanakh in. The academic approach understands all things in terms of their Historical context. Israelite society and the Tanakh are put in terms of other Ancient Near Eastern civilizations and their literatures, both sacred and secular[4]. Such comparisons can be both helpful and misleading (This will be discussed further in a later segment on Archaeology and Patternism). The traditional approach sees Tanakh, and all of our sacred texts, in light of the Jewish Tradition. This is most obviously true in terms of Halakhah, which gets decided based on the various texts of the Jewish Tradition, but it is also true for Tanakh. Even where they are not decisive, midrashim and later commentaries are taken into account by the Traditional scholar when reading Tanakh[5].  Thus the traditional scholar and the academic will see the text of Tanakh in very different lights.

Having said that, it’s worth taking a look at the historical context of Biblical Criticism, at least at its origins. Biblical Criticism, and the Documentary Hypothesis in particular, sprouted up in the latter half of the 19th century[6]. This had a lot of ramification in terms of the way Critics treated Tanakh like other literature of the time, without proper understanding of Israelite Society, but its greatest effects on Biblical Criticism came from the Scientific and Religious atmospheres of the time.

The triumphs of evolutionism in natural science have made it a hallmark of intellectual modernity. Over against the essentially medieval unconcern (and unawareness) of history, so characteristic of theological exegesis, current critical exegesis opposes its perspective, developmental view of the text as its chief qualification for intellectual respectability in our time. Hence any proposal of literary development is better than none–better in that it demonstrates sophistication, that is, advance beyond medieval dogmatic prejudices and naiveté. (M. Greenberg, The Vision of Jerusalem in Ezekiel 8-11, pg.147-8)

Once science discovered the idea that nature and life had evolved over time, that idea spread like wildfire through the consciousness of the time, pervading all discussions. Everything had to have developed over time. In many, many, arenas this proved to be an excellent method, but it’s important to note that, as opposed to in the natural sciences, it was something external that was imposed onto whatever was studied, rather than something internal discovered through study. When it come to the text of Tanakh, some minor development over time is self-evident, letters and words and the like[7], but there is no obvious and self-evident evidence of a slow and steady evolution from a core text, or texts, to what we have today.

A second need for the historical-analogic method arises from the situation of the Christian faith community which is its matrix. First, that community must justify its retention of the Old Testament alongside the New, and does so by showing that light is shed upon the New by viewing the Old as a series of steps leading up to it. The more fully this can be worked out, the greater the value set on the Old Testament. Second (though less articulated), that community, though buffeted by change and modernity, affirms the validity of its ancient Scripture in the present. This affirmation is accomplished by showing that the biblical text itself incorporates a record of reinterpretation, adjustment to change and supplementation by later hands. Given the community’s overriding need for validating constant reinterpretation, any proposal that roots that process in the biblical text itself will have bias in its favor. (Ibid, pg.148)

Ironically, much of the challenge to Divine Unity of the Torah came not from secularist but from religious individuals. Julius Wellhausen, father of the Documentary Hypothesis, was a Professor of Theology who retired upon realizing that instead of preparing his students to join the clergy he was disqualifying them from that role[8]. Christianity needed Tanakh to have developed over time and to have been subject to constant reinterpretation, something Source Criticism confirmed with gusto. Thus the Documentary Hypothesis was accepted much more readily than it would have been otherwise. Thankfully, Biblical Criticism has moved away from these harmful mindsets, particularly with the rise of both Literary Criticism and the number of Jewish Academic Scholars in the second half of the 20th century.

At this point it’s worth taking a minute to point out something that has plagued Biblical Criticism from the start, namely, Subjectivity. Biblical Criticism is by its very nature an incredibly subjective field.

The book of Micah itself structurally alternates three prophecies of doom with three prophecies of restoration or hope…These restoration passages may seem a little out of keeping or out of step with the scathing denunciations or condemnations of Judah in the other parts of Micah’s prophecy, and so some scholars have suggested that…these must be interpolations by a later editor…But this is always a very difficult case or issue, because we know that the prophetic writings do fluctuate wildly between denunciation and consolation. So I think that a shift in theme alone is not ever a certain basis for assuming interpolation — outright contradiction perhaps — but a shift in theme or tone is never a solid basis for assuming interpolation. (Prof. Christine Hayes, from the transcript of Lecture 18 of the Yale Open University’s RLST 145: INTRODUCTION TO THE OLD TESTAMENT)

All textual analysis, regardless of what the text is or who is reading it, suffers from the subjectivity of the interpreter. It’s unavoidable. However, it is particularly prevalent in Biblical Criticism where so little is known about the historical nature of the text under discussion, and so any conception of what it “should look like” originally has to be incredibly speculative. This does not mean that all or any of Bible Critics’ conclusion are necessarily wrong, but it does indicate that we should look at their conclusions with a healthy degree of skepticism.

(The rest of this series is being hosted at dafaleph.com. Onward to Part Five.)

 

[1] For more on this, see this excellent lecture by Rabbi Jeremy Wieder.

[2] An excellent discussion of this idea by Rav Natan Slifkin can be found here.

[3] I switch here from the terms “Religious” and “Orthodox” that I have been using to the term “Traditional” as this is one area where even the religious may often make use of the Academic approach.

[4] This simple point is often missed by Rabbis who ridicule Biblical Criticism for not taking Midrashim into account. For one such example, see here.

[5] For more on this, see Rabbi Hayyim Angel’s lecture on contradictions between laws from Sefer Devarim and narratives from later in Tanakh, downloadable here. Pay particular attention to his discussion of “Halakhic Man” vs. “Tanakhic Man”.

[6] The ideas in this paragraph come a fuller and truly excellent discussion by Moshe Greenberg at the beginning of this article.

[7] For more on this, see our discussion of Lower Criticism, here.

[8] From his letter of resignation (quotation available here), cited in Robert J. Oden Jr.,”The Bible Without Theology”, Harper and Row, 1987.

No Fear Biblical Criticism – Part 3: Lower Criticism and Textual Emendations

No Fear Biblical Criticism – Part 3

Lower Criticism and Textual Emendations

(If you’re just joining the series, here is Part 1 and Part 2

Lower Criticism is the study of the various texts of Tanakh in order to determine how the text has changed over time (as opposed to Higher Criticism which is concerned with determining who wrote the Torah and the like). This is done by comparing the text that Jews use today[1], referred to as the Masoretic Text, with the Dead Sea Scrolls[2], the Septuagint[3], the Vulgate[4], the Peshitta[5], the Torah of the Samaritans[6], the Aramaic Targumim[7], and the quotations from the Talmud. Comparison of these texts reveals words or letters that differ between the texts, presumably due to change over time. Based on this, some Biblical Critics have attempted to sift through the different versions and correct the Masoretic Text that we use today, or even to find the original texts of the Torah and the rest of Tanakh.

Most of the texts that are compared to our Torah text are translations, and thus comparison requires first translating the texts back into Hebrew, and then comparing them. At this point the texts have been translated twice, so the accuracy of the text suffers somewhat, but not beyond usefulness. While these texts have not revealed extreme differences such as differing conceptions of god or the like, there are differences[8]. While these could present a difficulty for an Orthodox Jew, they could also be dismissed as a function of translation errors, or as intentional mistranslations on the part of sectarians; i.e., perhaps the Qumran sects intentionally changed their Torah to fit their own views. What presents more difficulty is the differences between the Tanakh text as we have it today, and the way Tanakh is quoted in the Talmud.

There are often differences in the quotations from Tanakh that the Talmud uses, and the text of Tanakh that we have it today. The first thing to note about this is that not every one of these differences indicates that the sages of the Talmud had a different text than we do. It’s also possible that somewhere in the years since the compilation of the Talmud, scribal errors were made in its transmission, and so what looks like a misquotation of Tanakh is actually a mistake in the text of our Talmud[9]. However, there are cases where it is clear from the discussion of the Talmud that the original quotations was in fact different from our text today.

The problem this presents for Orthodoxy is that most Orthodox Jews ascribe to Maimonides’ Thirteen Principles of Faith, thirteen statements of belief that a Jew must affirm. The Eight Principle is that the Torah that we have today is exactly the same as the Torah that was given to Moshe[24]. According to this, to admit to even slight changes between our texts today and those of the time of the Gemara, let alone before that, would be heresy. Thus we are presented with a contradiction between the words of Rambam, and the contradictions that we see before our own eyes. However, salvation from this conundrum may be found if we extend our view beyond Rambam, to the other sages of the Jewish Tradition[10].

Rambam’s Eighth Principle expresses a very simple view of the text of the Torah[11], which is problematic not only in terms of the texts as know they existed, but also in terms of other Jewish opinions held by other great sages. One contradiction of the type mentioned above is found in Masekhet Shabbat on page 55b. Tosafot comments there (s.v. ma’avirim ktiv) and, instead of denying or brushing aside the contradiction, states, “הש״ס שלנו חולק על הספרים שלנו,” “Our Talmud argues on [read: contradicts] our Books [of Tanakh].” Rabbi Akiva Eiger comments there and, in possibly his largest comment in all of the Talmud, he brings the locations of every place in the Gemara where a quotation of Tanakh contradicts our text today. The Rashba, in discussion of the various cases where our Talmud contradicts our Tanakh, suggests that there are times when it might be appropriate to actually amend our Torah text in order to match the quotations of the Gemara[12]. The Chatam Sofer, by no means a liberal voice in the Jewish tradition, actually gives these contradictions as the reason why we do not make a berakhah when performing the mitzvah of writing a Sefer Torah[13]. These are only a few of the voices in the Jewish tradition that readily affirm the differences between the Talmud’s quotations of Tanakh and the Tanakh as we have it today.

However, there are also sources, from before Rambam, that suggest such changes had occurred to the text of Tanakh. The gemara in Masekhet Kiddushin, page 30a, discusses the possibility of determining the exact midpoint of the Torah, and concludes that it cannot be done because, by the time that they were having the discussion, they had already forgotten the correct spellings of many of the words[14]. There is also a midrash regarding the Torah that was used upon the return of Ezra HaSofer to Israel.

Three books they found in the Temple court, the book ‘מעונ, the book זעטוטי, and the book היא. In the one they found written קדם א׳לוהי מעון and in the two they found written מעונה (Deut. 33: 27), and they upheld the two and set aside the one. In the one they found written ישראל בני זעטוטי את וישלח and in the two they found written וישלח את נערי בני ישראל  (Exodus 24:5) and they upheld the two and set aside the one. In the one they found written nine times היא, and in the two they found written eleven times היא ,and they upheld the two and set aside the one[15]. (Jerusalem Talmud, Masekhet Ta’anit 4: 2)

This midrash states that the text of Ezra’s Torah was actually composed by going with two out of three torah scrolls on every occurrence of debate between them. While this is both logical and in accord with the halakhic principle of following the majority, the likelihood of our that Torah, let alone our text today, being exactly what Moshe gave to Bnei Yisrael in the desert drops dramatically with each contradiction.

While these sources discussed forced or accidental changes, there are sources that discuss the possibility that the text of the Torah was intentionally changed. Rashi makes a powerful statement on this matter in regard to the odd phrasing of a verse in Bereishit (18:22).

and Abraham was still standing, etc.: But is it not so that he did not go to stand before Him, but the Holy One, blessed be He, came to him and said to him (above verse 20): “Because the cry of Sodom and Gomorrah has become great, etc.,” and it should have been written here: “and the Lord was still standing beside Abraham?” But this is a scribal emendation (that they [the scribes] switched it to be written like that) (Gen. Rabbah 49:7).

Rashi is saying that in order to demonstrate proper reverence to ‘א the scribes changed the text of the Torah. Moreover, this is not a local incident, as he uses this explanation in a variety of places throughout Tanakh[16]. An even bolder midrashic formulation, in a discussion of certain words throughout Tanakh that have dots above them, attributes words throughout the text to the authorship of Ezra.

Wherefore are the dots? Thus said Ezra: “If Elijah will come and say, why have you written these words? I shall say unto him: I have already put dots over them. And if he will say, thou has written well, I shall remove the dots over them.[17] (Bamidbar Rabbah 3:14, Avot de-Rabbi Nathan 34:5)

This midrash is saying that Ezra added these words to Tanakh, even though he was not 100% certain they belonged there. Therefore he put dots over the words in order to make it obvious that they were his additions, and that way they could be removed if Eliyahu HaNavi determined them to be out of place. Thus the midrash is suggesting that before the Gemara, before even the Dead Sea Scrolls of the Second Temple Period, Ezra had changed the text of the Torah.

Rambam’s Eight Principle flies in the face of all of these sources[18], and the evidence we see with our own eyes. It is hard to state with confidence that we possess the exact same text, letter for letter, that Moshe had. an interesting approach to this difficulty was taken by the Seridei Eish, Rav Yechiel Yaakov Weinberg.

Rambam knew very well that there variations existed when he defined his Principles. The words of Ani Ma’amin and the words of the Rambam, “The entire Torah in our possession today,” must not betaken literally, implying that all the letters of the present Torah are the exact letters given to Moshe Rabbeinu. Rather, it should be understood in a general sense that the Torah we learn and live by is for all intents and purposes the same Torah that was given to Moshe Rabbeinu. (Fundamentals and Faith, 90-91)

While this was not Rambam’s intent in writing his Eight Principle, it does provide a more workable model for someone confronted with all of this evidence and source material. Rather than burying our heads in the sand and pretending that the Torah has never changed, we should simply appreciate that there has been no truly significant changes [19], and that the Torah is for all intents and purposes the same as it was when Moshe gave it to Bnei Yisrael.

This brings us to the discussion of textual emendations. While Lower Criticism is a field of study in and of itself, it also has ramifications for the interpretation of Tanakh. Critical Scholars often switch or remove words and letters that seem to them to be incorrect in order to create a text that reads more correctly to them. The Orthodox Tanakh Scholar Shemuel David Luzzato also used such critical methods in his commentary on the Torah. However, both this approach to textual interpretation and the attempt to find the “original text of the Tanakh” have received critiques from within Biblical Criticism. In a study of a passage from Sefer Yehezkal, Moshe Greenberg argues that, regardless of which versions may be original, changing the Masoretic Text based on other versions often ignores and obliterates the brilliance of the text[20]. Critics often perceive “textual flaws” and instead of looking for a deeper reason for the text to be written that way, simply change it to a reading they find more fitting. Greenberg argues that perceived defects in the text of Tanakh should be a springboard for a deeper investigation, as they often point the way to discovering the masterful artistry of Tanakh. Meir Weiss argues similarly that most textual emendations are enacted based on faulty understanding of the text[21]. He says that most critics simply do not know enough about what the text should look like, and work off faulty assumptions about the nature of Biblical Poetry and Narrative. Greenberg also argues against the idea that scholars could determine the “original texts” of Tanakh, not because of the difficulty of the task, but because there is no such thing[22]. He argues that at any point at which there was a fully developed text of a book of Tanakh, there was multiple versions. He does make a caveat that the text of the Torah itself seems to have been concretized pretty early, but he still maintains that there were multiple versions. This final argument of Greenberg is complex from an Orthodox perspective. It contradicts the idea that the Torah was given by ‘א at Sinai, but not incredibly. It makes a similar statement regarding the books of Nevi’im and Ketuvim, but there is no principle of Faith in any part of Judaism that requires one to believe in the giving of a book of Nakh all together at one time. Jeremiah 36:2 in fact suggests otherwise.

Take you a scroll of a book, and write therein all the words that I have spoken to you against Israel, and against Judah, and against all the nations, from the day I spoke that to you, from the days of Josiah, even to this day.

Sefer Yirmiyahu seems to have been written more than once, at various stages of its development. Similarly the Gemara suggests that Sefer Shemuel was written in parts by Shemuel HaNavi, Gad HaChozeh, and Natan the Prophet, and then all those were compiled to make Sefer Shemuel as we know it today[23]. We have a lot more flexibility in terms of how we understand the books of Nakh than we do in terms of how we understand the Torah.

Lower Criticism can tell us a lot about the nature of the text of Tanakh, but it cannot tell use what this information means. What this means in terms of the text of Tanakh is up to us. We can either hold tight to a strict interpretation of Rambam’s Eighth Principle, or we can accept the true nature of the text, and embrace the sages and sources that understood Tanakh in this manner.

(Onward to Part 4) 

[1] The oldest version of our text that exists today is known as the Aleppo Codex, written in the 10th century, and was used by Rambam as the basis for his Hilkhot Sefer Torah. For more, see here.

[2] Tanakh texts from the Second Temple Period found hidden in caves in the Israeli desert area of Qumran, by the Dead Sea, thought to be written by jews of varying sects and then hidden from the Romans. For more, see here.

[3] An early Greek translation discussed in Masekhet Megillah 9a-b. Of the fifteen deliberate mis-translations recorded there, only 2 are found in the Septuagint as we have it today. For more, see here.

[4] An 4th-century Latin translation used by the Catholic Church. For more, see here.

[5] An early Syriac translation that is likely from the second century. For more, see here.

[6] The Samaritans were brought to Israel and settled in Samaria during the First Temple Period. They have their own traditions and a Torah that are similar to that of Rabbinic Judaism. For more, see here.

[7] The most famous of these Aramaic translations are the Targum Onkelos on the Torah and the Targum Yonatan on Nevi’im and Ketuvim. For more, see here.

[8] Kaiser, Walter (2001). The Old Testament Documents: Are They Reliable & Relevant?. InterVarsity Press. p. 48.

[9] For more on this, see this shiur by Rabbi Jeremy Wieder, Rosh Yeshiva of YU.

[10] I am indebted for many of the sources that follow to Marc Shapiro’s “The Limits of Orthodox Theology: Maimonides Principles Reappraised”. These sources and others can be found in the article that was later expanded into the book, which can be found here, pages 10-21.

[11] It is important to note that this principle is only referring to the Five Books of Moshe, not to all of Tanakh.

[12] She’elot u-Teshuvot ha-Rashba ha-Meyuhasot le-Ramban (Warsaw, 1883), #232. See also Meiri to Kiddushin 30a, Kiryat Sefer, 57-58, and She’elot u-Teshuvot ha-Radbaz; #1020

[13] She’elot u-Teshuvot Hatam Sofer, Orah Hayyim, #52

[14] The form of spelling mistakes under discussion are what is called in Hebrew “מלא וחסר,” “plene and defective” in English. This is the spelling of words with or without extra letters that neither make a sound nor affect the meaning, rather they simply denote that sound is made by the vowel on that syllable.

[15] Translation from Marc Shapiro, Op Cit. This midrash is also found in Sifre Piska 356., Masekhet Soferim 6:4, and Avot D’Rabbi Natan, Ed. S. Schechter, (Vienna, 1887), Recension B, chapter 46, p. 65a;

[16] See Note 140 in the article by Marc Shapiro cited above in note 10. It seems that this is not necessarily the correct interpretation of the midrashic phrase “תיקון סופרים,” “Emendation of the Scribes,” but it is how Rashi understood it. For more on the proper interpretation, see this article by Avrohom Lieberman.

[17] Translation from Marc Shapiro, Op Cit.

[18] This is without even going into the discussion of the last eight verses of the Torah, a view from the Gemara that Rambam would have qualified as heresy.

[19] The only real ramifications are for the midrashic approach where every letter is of the utmost significance, which is beyond the scope of this discussion. Two quick points that should be mentioned: 1. This approach is not to be considered totally unusable, but it does have to be understood in light of this whole discussion. 2. There has always been a second midrashic school which did not place ultimate value on each letter.

[20] Greenberg’s article can be found here.

[21] The Bible From Within: The Total Interpretation Method, pp.

[22] Greenberg, Op Cit.

[23] Masekhet Baba Batra, 15a

[24] For a rather different, and not mainstream, understanding of Rambam’s Eight Principle that does not contradict the evidence, see here.