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Most cultures do not share with our modern Western culture separation of church and state

• Politics and religion are combined, to bring coherence to society and justification to the state
• Religion and politics are different names for the same thing: basis for determining values, standards, power, training of next generation
• Modern West considers war and violence wrong, but not so other cultures
• Many cultures glorify war

Definition of Jewishness

• Prior to destruction of Temple, it was land and Temple-centered
• A few centuries later, it was diaspora and based on halakha
• Seismic shift of authority from kings, priests and prophets to rabbis
• Rabbinic hegemony was not inevitable: they started with no authoritative position
• Think of religious sects as political parties, not as in West but as in India or Iran

Historical sources are few, and contradictory.

• No concept of objectivity or unbiased reporting
• There are limits to objectivity anyway
• Talmud and other Jewish writings were not intended as history but to teach
• The lesson is more important to authors than accuracy of historical details

Historical review

• For Maccabees, the issue was whether to conform to dominant, Hellenistic culture
• Or to remain faithful to Jewish heritage, God and his covenant
• Maccabees were priests, hence had authority as leaders
• Nevertheless, authority was typically established by force and violence if necessary
• Hasmoneans ruled by force and fought among themselves, especially about priesthood and succession
• Romans were invited in to help and helped themselves
• They enforced their will through appointed officials
• All conquered peoples had to sacrifice to Caesar, hence recognizing Caesar as ultimate authority and divine
• Romans made an accommodation of the Jews, recognizing the God of Israel as a god and allowing the sacrifice to be for or on behalf of Caesar.
• 57 BCE: Gabinius established five Sanhedria (a Greek term) as a means of Roman administrative control through native leaders
• High priests and Sanhedrin were Roman appointed
• There were many theo-political groups in Israel

No scholar today believes there was a normative Judaism then

• Rather there were many Judaisms
• But all identity was Temple-centered
• Jewishness was Temple and land-oriented

The Great Revolt: started when a group of Sicarii took Masada from Romans by force, killed all the Roman soldiers and took the fortress from themselves.

• It used to be thought that the Zealots took Masada, but it was actually Sicarii (assassins), according to Josephus.
• So IDF air force no longer take forces to make an oath there.
• Rebellion spreads to Jerusalem and throughout the land.
• However, there were lots of factions fighting among themselves in Jerusalem.
• It’s hard to keep straight who’s who in Josephus
• High Priests and leading Pharisees predicted that stopping the sacrifice for Caesar would bring Roman forces and destruction, because it was an act of rebellion, refusing to recognize Caesar’s ultimate authority
• Josephus says that priests and Pharisees were opposed to the revolt
• Talmud says that the Rabbis were opposed
• Josephus says there were supernatural warnings
• Jerusalem broke down into total violence, comparable to gangs in Somalia
• Josephus implies that the Romans would have spared the Temple
• According to Talmud (not Josephus), Jochanan Ben Zakkai had himself smuggled out of Jerusalem in a sealed coffin (Jews in city would not let anyone leave)
• Taken to Roman general, Vespacian, recognizing him as king.
• Vespacian responds that’s treason, but just then a messenger arrives, reporting that Caesar is dead and Vespacian has been appointed Caesar
• So Vespacian seeks to reward Jochanan’s prophetic announcement, allowing him to establish an academy of reward at Yavneh (Jamniah)
• Rabbinic account disassociate Rabbis with Great Revolt and Roman approval of rabbinical academy at Yavneh

Bar Kochba rebellion begins in 132

• In this time period, Rabbanic Judaism begins to develop, structurally

What is a Rabbi?

• Earliest zuggot (pairs of teachers), appear in Hasmonean period, according to Talmud
• No Rabbis in Tenach
• According to Talmud, the first person to be called Rabbi is Yochanan ben Zakkai
• Philo and Josephus did not use the term
• Earliest written use of the term is in the gospels, where it’s an honorific title, not a position
• In Tanakh, leaders were kings, priests, prophets, redeemers, not rabbis.
• Rabbis speak of them as though they were Rabbis, e.g., Moshe Rabbeinu, but Moshe was not a rabbi, as far as Scripture or history were concerned.
• Ezra was a scribe, one of the soferim, and a priest.
• The word ‘rab’ does not describe anything like a rabbi, it describes a captain or chief, or a troop or ship.
• Wise men are not like rabbis, could be gentiles, or craftsmen, not a title or office.
• Hence Talmud is a revisionist document, holding that rabbis were around from creation, not just from Moshe, but from Adam.
• Stuart Cohen points out that rabbis have no position, indeed no existence.
• But in Talmud, rabbis are the wise men, priests, kings – with all authority, and no one, not even God, can contradict them.
• Am ha-aretz (common people) becomes a derogatory term for anyone who doesn’t accept rabbinic authority
• In effect, the ultimate replacement theology: replacing the authority of priests, prophets, Scriptures and G-d, with Rabbis.
• This does not say that the Rabbis are bad people or that they don’t have some worthwhile things to say, rather what took place historically.

Law of Israel was the national law, binding on everyone in the land

• Not a matter of private religious belief; it’s the constitution of Israel.
• Torah was not given to individuals, but to Israel as a nation, when you come into the land.
• A Yeshiva-bukker today would say there is no law for Israel except Jewish law.
• Thus Paul speaks of "the commonwealth" of Israel as a politea.

Oral Law

• Talmud (codified 500 CE) mentions the phrase "oral law" four times, in three places.
• Neither Josephus, nor Philo, nor Qumran, nor Mishnah, nor Tosefta, nor gospels, mention "oral law".
• Indicates that doctrine of oral law develops later, after first century
• These sources do refer to oral traditions.
• For a Pharisee, oral tradition was binding, but it was not called oral law, as a separate revelation from God.
• Three claims about Oral Law: 1) given to Moses at Sinai, 2) an interpretation or elaboration of what was given at Sinai, and 3) a fence around the Torah.
• WRT given at Sinai, 42 or 55 halakhot claimed to have been given at Sinai (a relatively minuscule number), the vast majority were explicitly developed thousands of years later.
• Concept of oral law doesn’t have an end, hence there isn’t a fixed number of halakhot.

Claim #1: The Oral Law is a separate revelation given to Moses at Sinai. See p. 34 ff. Avoth 1:1: "Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the men of the great synagogue."

Scriptures speak often of writing and speaking. For example, Ex 2:17, "Write this is on a scroll as something to be remembered and put it in the ears of Joshua." Note: written first. Torah emphasizes what "is written in this book." Or immediately recording what is said.

• No mention of oral law; it’s always written law that becomes the constitution of Israel
• The written law is the standard by which God says that he’s going to judge Israel.
• It’s obedience to the written law that brings restoration.
• HaShem instructs Joshua to do everything written in the Torah.
• At the end of the Joshua, he reads everything in the Torah. Everything that God commanded through Moses he read, presumably because it was written.
• David tells Solomon to meditate on and do what is written in the book of Torah of Moses.
• Josiah finds and hears the book of Torah that had been lost.
• It was the written Torah that defined what it meant to be faithful to God or not.
• All that God said to Moses was written and later read.
• Ezra and the Levites read from the Torah, and explained it, because they didn’t understand ancient Hebrew (they spoke Aramaic).
• Still no reference to an additional Oral Law; no king, priest or prophet mentions or expresses concern about needing it to know how to govern or worship or live.
• The Rabbinic system or redemption through study of halakha does not appear in Tanakh. Moreover, biblical figures are often doing things that are not according to halakha or even opposed to halakha. (For example, Abraham serves meat and dairy.)

Claim #2: The Oral Law is an interpretation or elaboration of Torah.

Menathoth 29b. See p. 49 in the book. Moses asks about the coronets to the letters and God tells him to sit in Akiba’s academy, and is unable to follow the arguments of Akiba. Moses returns to the Holy One, who tells him, "Be silent, for such is My decree."

This passage teaches:

2. Moses didn’t know halakha. He didn’t recognize what Akiba taught and was ill at ease.

3. Rabbi Akiba gets credit from God as the originator of Oral Law.

4. Neither Akiba nor his disciples recognized Moses, because Akiba is more important than Moses, who sits behind eight rows in Akiba’s class, and is in awe of Akiba.

Talmud distinguishes between laws that are based on Scripture, connected to it, and others that are like "mountains on a hair" connected to Scripture, and others that are completely unconnected to Scripture (hovering in the air above it).

• Halakha permits what the Bible forbids and annul what the Bible forbids.
• E.g., Hillel changes the Torah commandment concerning canceling of debts on seventh year, because people wouldn’t make loans. Hillel instituted prosbul, a legal fiction (something you know isn’t true, but have to act as if it is): loan is a transfer to the community and then not canceled.
• Rabbis effectively claimed that they have authority over Torah.
• Can’t call Oral Law an interpretation of Torah when it’s a negation.

Claim #3: The Oral Law is a fence around Torah. See p. 85. Avoth 1:1 continues "The latter used to say … make a fence around the Torah."

• Fence helps one to avoid transgressing the Torah; hence the fence is mercy.
• Question: why does the Torah need a fence around it? Why isn’t Torah good enough?
• Are we preserving the original commandment (keeping it as is) or replacing it?
• Who has the authority to put a fence around Torah?
• This is perhaps the most accurate of the three claims: it is a sign of ownership, prevents access, keeping people removed from Torah itself, because only the Rabbis are authorized to interpret it.
• Studying the Bible itself are of indifferent merit, but studying the Mishnah has merit.
• Hence many Orthodox Jews do not know large portions of Scripture.

Question: how do Rabbis respond to Deut 4:2, "Do not add to what I command you and do not subtract from it, but keep the commands of the LORD your God that I give you."

• Response: more Scripture was added. We’re not adding or subtracting, Oral Law was there all along.

The tanoor Akhnai, an earthen oven: is it clean or unclean? (P. 111 the basis of my joke!)

• Note that the issue of whether what Jewish people do is worthwhile or valid or merciful
• The issue is the authority that the Rabbis claim over Scripture and even God himself.
• As a consequence of Rabbi Eliezar’s defeat, the other Rabbis voted to excommunicate him (when he wasn’t there).
• Rabbi Eliezar was the heir of Yachonan Ben Zakkai (Yochanan praised as the wisest of the sages) and brother-in-law of Rabban Gamaliel. He was a priest and a traditional Rabbi (opposed to interpretation), the leader in his generation of Beit Shammai, called Rabbi Eliezar the Great, the very first Rabbi quoted in the first tractate of Mishnah.
• What is happening here is theo-political: Beit Hillel is takes authority from Bet Shammai.

Five major things that this story teaches:

• Deut does warn against following someone with a sign, if they are proclaiming let us go after other gods. So signs can be in an anti-God context.
• But the issue with Rabbi Eliezar doesn’t fall into this category, since he wasn’t talking about following other gods. It wasn’t a question of idolatry but authority.
• Can proof be brought from a carob tree or a stream of water or a voice from heaven? Scriptures says so. E.g., Aaron’s rod, or blood in Nile, fleece of Gideon.

2. The Rabbis paid no attention to a heavenly voice (Bath Kol) after Sinai.

• Rabbi Joshua says, "lo ba-shamayim hi, It is not in heaven."
• So after Sinai, we pay no attention to a heavenly voice.
• Yet throughout Scripture, HaShem speaks it.
• In Job, Psalms, and Ezekiel, He speaks from heaven.
• Indeed, everywhere else in Talmud itself, a voice from Heaven is authoritative.

• Pay no attention to a heavenly voice (bath kol).
• Ex 23:2. "You shall follow a multitude to do evil," by implication you must follow a multitude to do good. But who defines good? In the story, God didn’t know he had decreed this! He didn’t know that he’d given up his authority to the majority of Rabbis.
• In Tanakh, the majority is almost always wrong! Throughout Tanakh, God acts as if he’s still in charge, bringing judgment upon the majority when it is in sin.

• It’s a humorous story when you read it, but when you think of it, it’s not so funny. Contrast Psalm 2 and other references to God laughing, in supreme authority.

5. The Rabbis will excommunicate anyone who will not submit to their decision.

• This is not normative first century Judaism.
• It’s fitting that it’s Rabbi Eliezar the Great that’s been excommunicated, circa 115 CE.
• BTW, Talmud records that Eliezar had discussions with Talmidei Yeshua, and respected some things they had to say.

This story marks a major turning point in Jewish history, comparable to Constantine giving authority to the Bishops.

• Jonathan Sacks: this story asserts a Catholic as opposed a Protestant view of interpretation, which now rests in ecclesia, rather than the Word of God itself.
• Both Rabbinic and Church history involve revisionism.

There have been significant changes in Rabbinic Judaism

• Due to Akiba, who has come to be known as the father of Rabbinic Judaism, because he was began to write halakha down and determined its organization.
• Initially, according to halakha, it was forbidden to write oral traditions down, because if it caught fire during Shabbat, it was forbidden to carry it out (only Torah scroll could be carried), but then the name of God would be burned.
• So writing down halakha was a theo-political act, giving the editor (Akiba) the ability to decide what would be included in halakha and what would not.
• Beit Hillel overthrows Beit Shammai, which had been the dominant school during the first century.
• Until the Talmud was written, even Pharisaic Judaism permitted different traditions, but after Akiba, it become one interpretation with the power of law.

Use of the Sanhedren to establish Rabbinic law as the national law of Israel

• Most Jews prior to rise of Rabbinic Judaism were not Pharisees or followers of rabbis.
• Since Torah was national law (not merely religious law), Rabbi Akiba and his followers sought to establish rabbinical law as the national law of Israel
• Sanhedren had been Roman-appointed and dominated by priests
• With the destruction of the Temple, the rabbis replaced the priests on the Sanhedren
• Talmud story: priestly sages and Yochanan were debating whether it was halakhacally acceptable to blow the shofar for Rosh Hashanah at Yavneh. Yochanan said, rather than discuss, let’s blow. So they did. Then the humble sages asked to discuss it and Yochanan said, now that it has been blown, what is there to discuss?
• Sanhedren becomes the means of enforcing rabbinic law, because there was no Temple and no power base for the priests. The locus of Jewish identity becomes the synagogue.
• Rabbi Joshua gives scholarly qualifications for sitting on the Sanhedren (see p. 127). Among other things, you have to have knowledge of sorcery, know 70 languages, and prove the cleanness of a reptile from biblical texts!
• Thus you have to be able to prove what is false, since reptile is actually unclean. This qualification affirms Akiba’s style of reasoning and interpretation of Torah as well as consolidates power, excluding traditional Rabbis, Beit Shammai, Sadduccees, Talmudei Yeshua, etc.
• There were Sanhedren in Yavneh and Bathar, the center of Bar Kokhba’s power
• Sanhedren took upon itself the power to act in place of God to enforce (oral) law.
• Property was confiscated, people imprisoned and even put to death, to enforce Rabbinic law and authority and quash any dissent

Dealing with Zaken Mamrei, a rebellious elder, based on Deut 17:12-13 (p. 131).

• In the tefillin of Qumran, there are five passages of Scripture. This was forbidden by Talmud, ultimately by execution (unless there is repentance). On the other hand, rejecting tefillin altogether is not punishable (even though Torah commands it). So the authority of the Rabbis is what is enforced, not the written Torah itself.
• Ramban explains that the need to punish in this case is not due to the severity of the offense but because of its destructive impact, because it threatens to undermine the uniform normative behavior crucial to any legal system.

Dealing with Mesith, a deceiver, based on Deut 13:6-12

• Someone who entices you to worship other gods
• Yeshua and his followers were put in this category

Pharisees used the terms ‘bind’ and ‘loose’

• Refer to their supernatural authority to make decrees that prohibit or permit (p. 127)
• Rise of modern Western society weakens this authority in Jewish life.
• In Israel, ultra-Orthodox would like to reassert this authority in national life.

Am ha-aretz (people of the land, common people)

• In Rabbinic writings, it becomes a pejorative term (p. 135 ff.)
• Refers to anyone who does not recognize Rabbinic authority and give to support Rabbis.
• Even among Jews not pronounced ‘minim’ (heretics), those who didn’t recognize the Rabbis had to be won over. This took centuries, since most Jews didn’t recognize the authority of the Rabbis.
• No testimony acceptable from them in a Beit Din, cannot be appointed as guardians for orphans, cannot be stewards of humanitarian aid, etc. Political consolidation.
• Common people were thus disenfranchised, unless they recognize the authority of the Rabbis in every area of life, such as marriage (a daughter of follower of the Rabbis could not marry an am ha-aretz, Rabbis could annul marriages) or property.

The minim (heretics) especially believers in Yeshua (p. 150 ff.)

• Minim may be a shortened, derogatory form of ma’aminim, believers (in Yeshua)
• Rashi explains the minim refered to disciples of Yeshua "who did not believe in the words of the wise."
• Determining who is a Jew was a very vital question, since if you weren’t a Jew, you had to sacrifice to the Emperor, and if you didn’t you were guilty of treason.
• Minim were a threat because they could draw away followers of Rabbis by their teachings, writings and healings.
• Rabbis forbade reading the writings of minim and sanctioned burning their books.
• Birkat ha-Minim blessing (curse) developed and recited daily in every synagogue to weed out unknown Minim and their sympathizers and inculcate popular hatred of them (p. 156).
• Passages about Yeshua were later censored, due to persecution of Church. But uncensored text of Talmud from Amsterdam, 1644, has this material.
• Eliezar the Great was brought before the Roman court as a heresy. Akiba suggested to him that it may have been because he approved of the teachings of the minim.

During the Bar Kochba revolt

• There was a Sanhedren in Bathar.
• Maimonides says that Akiba was known as Bar Kochba’s right hand man.
• Suggests more consolidation of rabbinical power and exclusion of others, especially Talmidei Yeshua.
• See book for more about consequences of Bar Kochba revolt for Judaism and Christianity.

Question: were the "Jews" of the gospel of John actually Pharisees?

• The Greek word Iudaios has multiple meanings in Greek text, distinguished by context
• Comparable to the word ‘Yankee’, which can refer to baseball player, northerner, American
• E.g., in John 1:19, 24, Iudaios refers to Jewish people representing leaders of Pharisees in Jerusalem.

In other contexts, it could represent religious authorities (most common) or Judeans (as opposed to Galileans).