Biblical Text as Source for Rabbinic Law

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1. The Teshuva Revolution

   Part 2

   Rabbi Tzvi Sinensky

   Consistent with the transition detailed from a Temple-based Judaism to a Torah-centered lifestyle, the emphasis in this chapter is decidedly not on the Temple service. Many, if not all, of the practices omitted in this chapter bear significant connections to the Temple service. Ezra’s revolution, which seeks to reimagine Jewish life in the aftermath of the destruction of the First Commonwealth, envisions an observance of the holidays that does not revolve around the sacrificial service.

   Putting Esther and Nehemya together, it appears that repairing the Jewish People’s social fabric was a major point of emphasis for both post-exilic communities. It is almost as if Tanakh implies that Jews of Persia and Israel sought to “undo” the sins of previous generations, in which the wealthy trampled upon the poor and there were irreparable divisions between the different classes of society. Both Esther and Nehemya worked to create greater unity by emphasizing the importance of generosity at times of communal celebration, so that no one would feel excluded.

   The extraordinary moment of solidarity around the celebration of Sukkot – with all the difficulties it raises regarding contemporary observance of that holiday - coupled with the dramatic impact of the Torah reading ceremony just a few days earlier, combines to make the events of Nehemya chapter eight some of the most climactic known to biblical history.

2. The Great Prayer and Confession

   Rabbi Tzvi Sinensky

   After reading the Torah and celebrating Sukkot in spectacular fashion, the people remain behind, mourning and fasting for their sins. Those who had intermarried separate from their foreign spouses, and the community recites confession. The Levites proceed to offer a whirlwind tour of Biblical history, Notwithstanding the Jews’ unfaithful behavior, God remains compassionate and continues to provide.

   Perhaps the most conspicuous aspect of the prayer of the Levites is the extent to which they draw upon earlier scriptural sources. The ideal is to anchor our prayers, as our actions, in those of the outstanding scholars of the current and previous generations. The prayer exemplifies the key role played by religious commitment born of deep understanding. As the curtain closes on the prophetic period, a new emphasis on the Torah tradition rises to the fore.

   It was the leadership of the Shivat Tzion community that helped to renew the community’s commitment to Mosaic law as the touchstone for Jewish life and Jewish learning. Above all, this is the legacy of Ezra-Nechemia.

   Our invocation of Nechemia during our daily prayers hints to the larger idea that the miracles of the exodus are not isolated events, but are but one piece of the compassion with which God graced His people throughout the course of history.

3. The Oath

   Rabbi Tzvi Sinensky

   Nechemia chapter 10, perhaps the climax of the nation’s renewed commitment to Torah, summarizes the binding oath accepted by the community.

   In many instances, the oath seems to supersede the obligations that are set forth explicitly in the Torah. The commentators struggle with a fundamental question: to what extent was the oath a renewed commitment to the ancient laws of the Torah, albeit with some novel interpretations, and to what extent are these new, proto-Rabbinic laws? As we have seen, it is most likely that our chapter presents a mix of the two views. On any view, our chapter – and, indeed, the entire period of Shivat Tzion – exemplifies a careful balance between commitment to tradition and an understanding that specific commandments require additional emphasis or even innovation at particular moments in history.

4. Harsher Criticism

   Rabbi Tzvi Sinensky

   Echoing the covenant of peace forged with Pinhas, and especially Moshe’s blessings before his death, in this passage Malakhi castigates the priests for their shortcomings not in regard to their role in the sacrificial service, but as Torah teachers. In contrast to a previous era, in which the Levites observed the covenant and feared the Almighty, they have now “turned out of the way of that course.”

   The emphasis on the priests’ lapses as halakhic decisors, although to a degree rooted in earlier Biblical passages, sounds strikingly post-prophetic. All this betokens a clear transition in leadership from priest as primarily focused on the Temple service to one also centered on Torah education.

   In light of the centrality of the familial metaphor, it may be that the dialogue between God and the nation is the perfect organizing principle. Constructed as a series of tense exchanges between quarrelling but loving spouses, the discussion motif offers a realistic snapshot of a marital relationship and is therefore particularly apt.