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Another "bird's-eye" view of Judaism from the Orthodox tradition:

  • 14th century BCE, the Torah is received and practical laws are passed down orally.
  • 10th-3rd centuries BCE, books of Prophets and Writings are compiled, mentioning no widespread Torah observance and no mass knowledge of Biblical commandments. The Oral tradition is passed through the thin line of devoted individuals, one in each generation.
  • 3nd century BCE - 1st century CE, the Oral tradition is still passed through devoted individuals, approximately one pair of sages every 50 years.
  • 2nd half of the 2nd century - 1st half of the 3rd, Judah the Prince compiles the Mishna which serves as a framework for future rabbinic arguments and is not intended as a Halachic handbook for a large audience.
  • 3rd-5th centuries CE, two monumental works, the Talmuds, are compiled, still, as a Rabbinic library rather than a compendium of ruling Halachah.
  • 6th-11th centuries, the first Geonic attempts to systematize the Halachah through the lists of the 613 Biblical commandments.
  • 1180 CE, Maimonides' Mishneh Torah, the first ever Jewish practical and Machlokes-free Halachic codex is published.

I might be mistaken on some points, but, looking at this list, it appears that the knowledge of the ruling Halachah for the masses was not an issue in the Jewish worldview for over two thousand years. Until the Mishneh Torah, not only did no Halachic codexes exist, but rabbinic disputes did not strive to arrive at clear-cut conclusions and become widespread practical Halachic knowledge.

If we hold that the laws were meant to be widely observed, why did no Halachic codexes for the Jewish masses exist until the 12th century CE? Why didn't Jewish leaders from Joshua to Judah the Prince or Babylonian Resh Galutas attempt to compile such works?

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  • A mass-audience work implies lots of copies available in people's homes. That wasn't possible till Gutenberg
    – Double AA
    Commented Jul 14 at 21:21
  • @DoubleAA They could study it in synagogues after Torah reading. Nobody even tried. There must be a reason for not trying.
    – Al Berko
    Commented Jul 14 at 21:25
  • 1
    @AlBerko that's exactly what the Geonic works were attempting to do. At their time, there wasn't any need for an entire codex - the gemara was "generally enough", with She'elot and Teshuvot supplements.
    – Rabbi Kaii
    Commented Jul 14 at 22:25
  • 4
    en.wikipedia.org/wiki/Halachot_Gedolot
    – Menachem
    Commented Jul 14 at 23:13
  • i would argue that the mishna was the halacha handbook (for the rabbis to teach the masses) and the gemara for the most part it trying to figure where the tannaim learned the mishna from the torah. thats why the braita of ribbi yishmael is call the beginning of the talmud. they also continue with "modern day" questions. the rambam called his work mishna because he was attempting to replicate it. he himself writes that he is attempting to write in clear words like ribbi yehudah hanasi
    – Mordechai
    Commented Jul 15 at 11:53

1 Answer 1

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Based on the Rambam himself, in the introduction to this work, he states that he produced this work in response to a widespread deterioration in understanding the law (halacha) from the Gemara.

Initially once the Gemara was redacted, the Rabbis of the communities of the diaspora (the Geonim) would be available to the masses to help clear up any difficulties in halacha that arose. They would teach these according to their wisdom, and over time collect these in "She'elot u'Teshuvot" (Q&A) works.

It got to the point where the difficulties in understanding the Gemara and paskening halacha were accumulating, and finding authoritative answers was proving difficult, especially as each work was specialised, either on a topic or certain tractates. By the time of the Rambam, he writes that...

...we have been beset by additional difficulties, everyone feels [financial] pressure, the wisdom of our Sages has become lost, and the comprehension of our men of understanding has become hidden. Therefore, those explanations, laws, and replies which the Geonim composed and considered to be fully explained material have become difficult to grasp in our age, and only a select few comprehend these matters in the proper way. Needless to say, [there is confusion] with regard to the Talmud itself - both the Jerusalem and Babylonian Talmuds - the Sifra, the Sifre, and the Tosefta, for they require a breadth of knowledge, a spirit of wisdom, and much time, for appreciating the proper path regarding what is permitted and forbidden, and the other laws of the Torah.

Therefore, I girded my loins - I, Moses, the son of Maimon, of Spain. I relied upon the Rock, blessed be He. I contemplated all these texts and sought to compose [a work which would include the conclusions] derived from all these texts regarding the forbidden and the permitted, the impure and the pure, and the remainder of the Torah's laws, all in clear and concise terms, so that the entire Oral Law could be organized in each person's mouth without questions or objections. Instead of [arguments], this one claiming such and another such, [this text will allow for] clear and correct statements based on the judgments that result from all the texts and explanations mentioned above, from the days of Rabbenu Hakadosh until the present.

[This will make it possible] for all the laws to be revealed to both those of lesser stature and those of greater stature, regarding every single mitzvah, and also all the practices that were ordained by the Sages and the Prophets. To summarize: [The intent of this text is] that a person will not need another text at all with regard to any Jewish law. [Trans. by Eliyahu Touger, Moznaim Publishing]

Note how the Rambam is trying to avoid recording any debates. He claims that it takes a depth of knowledge, learning and skill to be able to fathom direct law from the debates of the Oral Law's transmission process. Until then, this hadn't posed a problem due to everyone's level of learning*, as the Torah's transmission was indeed meant to foster this hands-on "debate" style, producing an intimate relationship with the Torah. As beautiful as that was, it can't take precedence over maintaining the integrity of the halacha.

Recording and reducing it stifles the process, and isn't ideal in the same spirt of "לא ניתנה תורה שבעל פה ליכתב" - the Oral Torah shouldn't be written down. Each stage of writing it down has caused it to become more stale, and less innovative. Only "times of great need" would allow such a thing and Rambam was indeed at the precipice of a "time of great need" that only got worse since**.


In answer to your specific question of how did people learn halacha before we had these written-down Oral Torah works, the Rambam addresses this as well:

Rabbenu Hakadosh composed the Mishnah. From the days of Moses, our teacher, until Rabbenu Hakadosh, no one had composed a text for the purpose of teaching the Oral Law in public. Instead, in each generation, the head of the court or the prophet of that generation would take notes of the teachings which he received from his masters for himself, and teach them verbally in public.

Similarly, according to his own potential, each individual would write notes for himself of what he heard regarding the explanation of the Torah, its laws, and the new concepts that were deduced in each generation concerning laws that were not communicated by the oral tradition, but rather deduced using one of the thirteen principles of Biblical exegesis and accepted by the high court. This situation continued until [the age of] Rabbenu Hakadosh.

I strongly recommend reading the whole of the introduction as it will answer these questions in more detail and be a spring board for further reading.


tl;dr There was no need for such a work before the Rambam, but due a decline in the level of learning of both the leaders and the average Jew, the time had come for a work that boiled down the law into a set of dos and donts, concise and free of debate.

* although do note that the redactions of the Mishna and the Gemara both represented similar junctures of deterioration in our history
** Welcome to the age of Kitzur Shulchan Aruchs, Sefarias, and Halacha Lines. We are even training computers to look up stuff for you.

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  • Thank you. I just started reading your answer, so it will take several comments, I guess. First, there's a returning trope of "the wisdom of our Sages has become lost, and the comprehension of our men of understanding has become hidden", from Ezra to Rambam. I feel like it never existed in the first place, because besides criticism I see no support for solid tradition actually existing.
    – Al Berko
    Commented Jul 15 at 8:22
  • I'm familiar with the interpretation of "על פי", but this is exactly the point of my question: without anything written codexes, how were the masses supposed to follow the ruling Halachah? Please explain how the Jews of Alexandria were supposed to follow the Halachah.
    – Al Berko
    Commented Jul 15 at 8:25
  • 1
    @AlBerko You are most welcome! See edit. That's all I can do for you on this. I don't know what you've seen vs. what I've seen, but I have zero doubts that this tradition existed. The very fabric of the Mishnaic and Talmudic works is records of ancient statements, and debates surrounding how to understand them. The way they are recorded, the way they crop up in different places, etc all point to the fact that these statements are indeed ancient notes from a tradition. There may be other ways to prove this but I will leave that for someone else to answer who specializes in that.
    – Rabbi Kaii
    Commented Jul 15 at 9:33
  • @AlBerko see also judaism.stackexchange.com/questions/136699/…
    – Rabbi Kaii
    Commented Jul 15 at 10:31
  • Notice the difference between the study and Paskening. The Study can be oral in theory, like Plato's academy, but to Pasken to others, you HAVE to have things in writing. Because how would you advertise that? Besides, there was never a central Jewish authority with the means to publicize their Halochos. Think about the Biblical depiction in Deut 17: when you have a question, you come to the Temple, and they will tell you the solution and you do it. No publicizing is mentioned, and no propagation to lesser and local Sanhedrins is mentioned. How do you explain that?
    – Al Berko
    Commented Jul 15 at 10:56

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