Tag Archives: Second Temple

A Review of Eyal Ben-Eliyahu’s “Between Borders”- Guest Post by Hanan Mazeh

Eyal Ben-Eliyahu, Between Borders: The Boundaries of Eretz-Israel in the Consciousness of the Jewish People in the time of the Second Temple and in the Mishnah and Talmud Period, Jerusalem: Yad Ben-Zvi Press, 2012, 348 pp. $27.

Eyal Ben-Eliyahu‘s Between Borders is the kind of book which deals with such fundamental questions that it makes you wonder how it is that they had not been seriously addressed before.  Based on his 2007 Hebrew University dissertation, the book aims to examine the territorial borders of the land of Israel as reflected in a wide array of Palestinian texts – from biblical books through the Amoraic era – and tries to formulate the different concepts of “Eretz Israel” that these borders represent.

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Naftali Cohn’s “The Memory of the Temple and the Making of the Rabbis”

In an attempt at remaining sane during the present Israeli election cycle, I found myself reading Naftali Cohn‘s The Memory of the Temple and the Making of the Rabbis (although given some of the rhetoric voiced here by wannabe politicians over the past few days, one could argue that a book about the Temple is actually quite relevant to Israeli politics). The book, published in Penn Press’ “Divinations” series, attempts to tackle a rather large topic that has been growing in popularity in recent years: the place of the Temple in rabbinic thought.

Whereas author scholars like Ishay Rosen-Zvi‘s or Daniel Stoekl-Ben-Ezra have devoted studies to specific topics within Temple-related tractates, Cohn devotes his to the Mishnah’s Temple discourse as a whole; reaching the conclusion that the Mishnaic portrayal of the way in which the rituals were performed at the Temple comes to “claim authority for the rabbis” (pg. 120). Claiming authority over the Temple by depicting it as functioning in a rabbinic fashion is essentially a way for the Rabbis of the Mishnah to gain authority over their fellow Judaeans. Cohn explains that the authors of the Mishnah work on multiple fronts, chief among them being the insertion of the Great Court, the Sanhedrin, into the Temple complex, along with its proto-Rabbinic sages who are depicted as the ultimate deciders of Temple practice. Cohn also argues that the manner in which the Mishnah discusses how and where rituals were performed in the Temple is geared at giving authority to the Rabbis. I admit, I’m not well read in ritual theory, but I’ll note that Cohn’s use of it in his analysis of Temple practice may fill in some of what Meir Bar-Ilan missed in Rosen-Zvi’s monograph.

The last chapter of Memory is dedicated to a comparative study of the Mishnah’s Temple, and is entitled “The Mishnah in the Context of a Wider Judaean, Christian, and Roman Temple Discourse.” Cohn combs through a dazzling array of different of sources, such as Pseudepigraphic works, Christian literature, archaeological findings (specifically synagogues and coins), and Hellenistic sources in order to contextualize the Mishnah’s picture of the Temple. Such an attempt should be commended. It is no doubt important, and as Cohn shows, fruitful, to understand the Rabbis’ Temple discourse in such a way. For him, such an analysis proves that the memory of the Temple was a point of contention, and that it was exploited by different communities in their attempts at achieving authority during the Tannaitic period.

As noted, Cohn stresses throughout the book the place of authority in Rabbinic depictions of the Temple, but I’m not so sure a) how Temple discourse in the Mishnah really gives them more authority over their fellow Judaeans, and b) if this is really why the Mishnah (and rabbinic literature more generally) spends so much time discussing the Temple.

Beyond that, I think that before we can really even compare the rabbinic Temple discourse to that of other communities, the Mishnaic Temple narratives must first be understood in their more local context of Tannaitic literature. Such a contextualization should begin with an understanding of the how the narratives concerning the Temple found in the Mishnah relate to the Mishnah’s non-narrative sections. The vast majority of the Mishnah, including its discussion of the Temple, is not what most scholars define as “narrative.” Additionally, recent attempts at analyzing the Mishnah with an eye for genre have yielded interesting results, at times even pointing out that different layers of genre may contain various Mishnaic conceptions of a given set of laws. Maybe the hundreds of non-narrative sections of the Mishnah paint a very different image of the Temple than the narrative ones do? The inclusion of such information would also change how the comparison between the Mishnah and non-Rabbinic works would be performed: the very fact that Temple is discussed by these different groups would not be the only point of comparison, but rather, the differences in the details of the practices themselves (specifically in the earlier Qumranic material) would also need to be unpacked in order to shed light on alternative conceptions of the Temple.

Second, it is very possible that the image of the Temple found in the Mishnah differs from that of the Tosefta or Midrash Halakha. The Mishnah is not the sole Tannaitic text, and, therefore, the “Rabbinic” view of that period probably cannot be deduced from it alone. To be sure, Cohn often uses the Tosefta to better understand Mishnaic passages. At one point, he does more than that, accurately noting a few telling differences between the Mishnah and the Tosefta (pg. 47): the Mishnah never depicts sectarians as actually having the power to perform the ritual as they please, while the Tosefta does so on at least three occasions. Cohn ties this to the Mishnah’s depiction of a “powerful Court that has fully suppressed the sectarians,” a depiction that is absent from the Tosefta. It is very possible that Cohn is on to something here. Scholarship concerning the relationship between the Mishnah and Tosefta has slowly been moving from issues of relative chronology to issues of what may be termed ideology or outlook. This example may be added to the list, and there is a need to further tease out the differences between the idea of the Temple present in these two intertwined Tannaitic works. Similarly, it is very probable that treatment of works of Halakhic Midrash, which to the best of my knowledge are not used in the book at all, would further nuance the position of the Temple in Tannaitic thought.

More can be said, and no doubt will be. I don’t think that I have a better answer to questions like “why the Rabbis spend so much time discussing the Temple?” than Cohn does, although I do think that we have to work a little differently in order to respond to them more fully. Nonetheless, Memory marks a significant step in furthering the research into rabbinic conceptions of the Temple in that it forces us to evaluate the Rabbi’s discourse in the context of post-destruction Judaean society.

The Mishnah and Second Temple Polemics: A Note on Tractate Hallah

The past few years have seen an abundance of new Mishnah scholarship. Between the literary turn exemplified by Avraham Walfish’s dissertation; the Cover-Bakhtin moment in Moshe Simon-Shoshan’s monograph; and the ritual and Temple focus of the work of Berkowitz, Stoekl Ben-Ezra, Rosen-Zvi, and, most recently, Naftali Cohn, the Mishnah remains at the nexus of exciting academic output where new questions, methodologies, and insights come to test.

In this context, Yair Furstenberg, whose dissertation on Tractate Taharot can be included in the above list, delivered a class on Mishnah Pesahim here in the HUJI Talmud department last semester. At the end of the course, I, along with a friend, penned a paper on Mishnah Hallah. Studying and writing on this short tractate raised some methodological issues that I have been pondering for quite some time and would like to share here.

To what extent can we read polemics into the Mishnah? To be sure, there is no question that the Mishnah engages in some sort of polemics. At times, it claims to record the opinions of what we now term Second Temple sects, going so far as to even bring relatively complex arguments against them. As has been shown, some of these rejected opinions recorded in the Mishnah parallel those found in actual Second Temple literature. One the face of it, tractate Hallah itself doesn’t seem to record any sectarian opinion that differs from that of the Rabbis, but such a view might be found elsewhere in rabbinic literature. Indeed, hints of polemics are found in section 110 of the Sifre Bamidbar. On the verse “מֵרֵאשִׁית עֲרִסֹתֵיכֶם תִּתְּנוּ לַיקֹוָק תְּרוּמָה לְדֹרֹתֵיכֶם” (Numbers 15:21), the Midrash states (Horovitz pg. 114, Kahana lines 34-37):

מראש’ עריסת’- למה נא’. לפי שהוא או’ ראשית עריס’, שומע אני את הראשונה שבעיסות. ת”ל מראשית עריס’. מראש’

As noted by Menahem Kahana in his dissertation (“Prolegomena to a New Edition of the Sifre on Numbers”, Jerusalem, 1982), it appears that the Midrash here is rejecting an opinion that identifies Hallah with the commandments of Bikkurim and Omer. Such an opinion would understand the word “ראשית” as it appears in other parts of the Torah in relation to first fruits, practically meaning here that Hallah should be separated only once at the beginning of the year and not from each batch of dough.

Unbeknownst to Kahana, this deferred opinion indeed was a sectarian one, as became clear in a section of The Damascus Document published years after he finished his dissertation. The CD states (according to Shemesh’s reconstruction):

על] חלות התרומה לכל בתי ישראל אוכלי לחם
[הארץ ל]הרים אחת בשנה עשרון אחד תהיה האחת
[ לפני] השלמו לישראל אל [י]רים איש

and Baumgarten comments: “Our text identifies this חלה with the two loaves (לחם תנופה שתים) to be offered on the Festival of Weeks in accordance with Lev 23:17… The text interprets this to refer to an annual terumah, presumably on the basis of the term ראשית (Num 15:20), which is elsewhere applied to first fruits…”.

Non-polemical Hallah

In our paper, we attempted to use this argument as a backdrop for better understanding some of the rather odd structural phenomena of tractate Hallah. In its first chapter, for example, the Mishnah devotes a relatively large amount of time to the comparison between Hallah, Terumah and Ma’aser. Likewise, in the third chapter, the discussion of Hallah is interrupted in Mishnahs 4 and 9 by comparisons to these tithes. By developing the tractate thusly, the editor succeeds in introducing the basic laws of Hallah while at the same time firmly placing the commandment outside of the category of “first fruits”. The method is subterfugal: The Mishnah doesn’t even mention the sectarian opinion as an option. Instead, it emphasizes the aspects of Hallah that are unlike Bikkurim and more like Terumah and Ma’aser: That the requirement to separate it is not a function of time per se, but of the produce or dough’s entering into a state of obligation through its physical state.

But are we overreading here? Can polemics be found here even though they aren’t brought up explicitly? Can the structural choices of the Mishnah’s editor(s) speak of points of conflict between the rabbis and other Jews? I’m not sure if the Mishnah works this way, and I’m wondering what other people have to say.