Pre-Mishnah: The Missing Link

by | Sep 10, 2023 | Tackling Talmud | 0 comments

I teach 5th grade Judaics at Fuchs Mizrachi School, a Modern Orthodox Zionist school (Cleveland). Upon entering the world of Torah SheBe’al Peh, a student is first greeted by the Mishnah—a complex and sophisticatedly interwoven compendium of Jewish law and wisdom. Students struggle to understand its relevance, how and why it was created, and its importance to the scope of their Torah learning. They ask, “Why are we learning Oral Torah?” and “Why should I care?” but underlying those questions is the more fundamental, “What is the Oral Torah?” While some choose to address this piecemeal over the span of many years, I believe that it is important to address it up front, in an organized manner.

I identified four main units for a pre-Mishnah curriculum: 1) re-examining the Written Torah in the context of the Oral Torah tradition, 2) defining Torah SheBe’al Peh, 3) outlining a literary timeline and the development of the Mishnah, and 4) explaining the authority and relevance of the various eras of Jewish literature. With that content in mind, I had some pedagogical considerations to consider. What examples and stories would precisely and concisely clarify the content I was teaching? How would I go about delivering the content? I chose to teach this introduction once a week over the course of 4th grade, and I review it at the beginning of 5th before delving into Mishnah. I also vary the pace and type of teaching to give the students space to concretize their learning. Examples of some content choices are included in the paragraphs below.

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Studying Talmud provides high school students with the opportunity to explore and connect with the bigger picture. They learn the how and the why about so many different mitzvot, something which is crucial to their growth, not only as independent learners but also as they build the foundations for their own spiritual lives. …

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Torah SheBikhtav

I present the foundational idea that the Written Torah and Oral Torah were given at Sinai. The Written Torah was dictated to Moshe by God, the books of the Nevi’im were written via prophetic experiences, and the Ketuvim were written under the influence of Divine inspiration (Ruah haKodesh). Each level of transmission has a different level of authority and purpose as they pertain to the Oral Torah. For instance, the Written Torah includes 613 mitzvot, but many of their details are not included. For example, there is a mitzvah to dwell in a sukkah for seven days, but the Torah does not define what a sukkah is. It is commanded in the Torah that we only eat meat from animals which are properly slaughtered, but the laws of slaughtering are not in the Torah. For some of those details, prophecy is the next link in the chain. Explaining the nature of prophecy—the processing of spiritual communication through a physical brain—helps to create a bridge between Moshe and the Mishnah, between the Written Torah and the Oral Torah.

Define Torah SheBe’al Peh

Now students are ready to learn the nature of the Oral Torah. While there are many ways to define this, my students have found meaning in an adaptation from Rav Sa’adia Gaon, that the Oral Torah is not a corpus of literature, but a tradition of how to derive the wealth of knowledge and wisdom from the Written Torah. I use a metaphor of the Written Torah as a compressed data file, the Oral Torah as the decompression program, and the delving into a word or phrase as “clicking” to help students understand the mechanics behind being able to derive details of laws from a single letter. Oral and Written Torah are thus positioned as inseparable, serving as an important foundation for learning Mishnah and later Gemara.

Literary Timeline

Next, a historical-literary timeline becomes the superstructure for discussions around the evolution of different categories of Jewish literature: Mishnah, Gemara, Midrash, Halakha, Hashkafa, and more. I offer a research project with pre-selected Tannaim, Amoraim, and even Rishonim along with some of their core teachings to bring the time period and literature to life. There are many core concepts which are introduced at this point, including 1) The tension between the prohibition to record the Oral Torah and R. Yehuda Hanasi’s necessary abrogation of that tradition in his effort to preserve the Oral Torah, 2) The difference between the authority of the Oral Torah and Rabbinic law, 3) The distinctions between halakhic and non-halakhic texts.

Throughout this learning, students are building context and vocabulary while continuing to deepen their recognition of how Oral Torah interconnects with the learning that that they have done up until then and how it will connect to their learning afterward. They often ask ideological questions about the nature and authority of our written Oral Torah, how Judaism has pivoted and changed over time, and how this central dynamic element of Torah has allowed us to survive and adapt in each new generation—all of which are important and welcomed questions.

Authority

As they begin the adventure into the world of Oral Torah, the last important area to discuss with students is varying levels of authority.

For example:

  • The Sandhedrin and the People of the Great Assembly created the foundations of the Judaism with which we are familiar with today, including—the practical structure of Shabbat, the siddur, and more.
  • Tannaim are bound to the authority of the Written Torah and Amoraim (with a singular exception) are bound to the authority of the Tannaim, and so on.
  • A bet din may only challenge precedents if it is greater in number and wisdom than the one which produced the initial ruling.

Authority is complex, as it combines historical context for each type of Torah Shebe’al Peh with the understanding that the farther back in time we travel, the closer we get to its source. This is important to give a greater understanding of the nature of Jewish laws based on their origins—biblical, prophetic, or rabbinic, the power of customs, and the concept of stringencies and leniencies, all of which will be important in learning the Mishnah itself. Students are also introduced to the concept of mahloket and how both sides of a dispute can be correct, though we will only act in accordance with one of them. Perhaps more than any of the other three sections, this is the one where students crave clarity, offering the greatest educational ROI as they establish buy-in for learning Oral Torah.

At this point, students have an understanding of the Written Torah, the nature of prophecy, and the development of Torah Shebe’al Peh into what we call the Oral Torah. They possess historical context, a basic overview of literary categories, and have an appreciation for each era and its scholars. Students gain a pedagogical understanding and system of organization for the levels of authority, the foundations of mahloket, plus essential vocabulary. This introduction is followed by learning the structure of Mishnah as a whole and to the basic components of individual mishnayot, preparing them to engage with their first study of Mishnah.

Beyond the technical background and content, students have a conceptual understanding of what they are about to engage in. It provides affective and intellectual buy-in, so that the students are mentally prepared to engage in a new stage of their learning paths—a critical stepping-stone on their journeys in Torah study.

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Yehoshua Dovid Schwartz obtained his BA from UCLA and Rabbinic Ordination from R. Zalman Nechemiah Goldberg. Rabbi Schwartz has been an educator for the last 15 years, currently teaching at Fuchs Mizrachi School in Cleveland where he serves as the 5th Grade Judaic Teacher and the Lower School Curriculum Coordinator.

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FROM THE EDITOR: Fall 2023

FROM THE EDITOR: Fall 2023

Fascinating. Infuriating. Uplifting. Complex. Boring. Inconsistent. Logical. Brilliant. Eclectic. Irrelevant. Compelling. Frustrating. Inspiring. Ancient. Contemporary. The Talmud evokes all the above, and more. I vividly remember my first encounter with Gemara. I must have been ten years old, and my family was in a bungalow colony in the Catskills. Rabbi Cohen taught Gemara to the older boys, of which I was not, but I asked permission to sit in and listen. I loved following the discussions and debates, even though I couldn’t read any of it and retained none of the content.

The Block Method for Teaching Gemara

The Block Method for Teaching Gemara

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The Puzzling Talmud

The Puzzling Talmud

A sixteen-year-old American Jewish day school student named Brandon (a self-chosen pseudonym) reports that he likes studying Talmud. What does he like about it? “I like the process,” he says. “It is kinda like a puzzle, that you have to get each word, and fill it in so it creates the whole text.” Brandon approaches his study of Talmud knowing that it’s going to be hard. Every word might take some effort to decode. Eventually, however, he can put it all together.

A Multidimensional Approach to Teaching Rabbinics

A Multidimensional Approach to Teaching Rabbinics

Pressman Academy is an early childhood through 8th grade school in Los Angeles serving a religiously diverse group of students. The school’s Judaics program, which includes Hebrew language, Jewish history, Tanakh, and daily prayer, affords a maximum of two weekly periods to teaching Rabbinics (in grades 5-8), presenting a significant challenge of what to include and how to approach it.

The Sanhedrin is in Session: Experiencing Rabbinic Literature

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You have been there, too, right? You thoroughly prepared a Gemara lesson by formalizing how you will explain the shakla vetarya, you concocted attention-grabbing examples and cases, charts to organize the conflicting opinions, and provided a translation and question practice worksheet. You slowly read the Gemara aloud while students annotated the text or completed linear translation sheets. You patiently and clearly explained the concepts and reasoning on a first, second, and even third pass of the reading.

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Tokhehah Leshem Shamayim

One day, in a 7th grade lesson during our unit on tokhehah (the mitzvah of rebuke), a student shouted out from across the classroom: “This is tokhehah leshem shamayim!” In this moment, with one eloquent and original phrase, this 7thgrader had connected the learning in our current unit of tokhehah with the concept of leshem shamayim (for the sake of heaven) from our previous unit of mahloket (disagreement). This delighted us because it showed that the concepts of mahloket we had been teaching were not just retained for the duration of our unit, or for a test, but were concepts students internalized, held on to, and could apply to new settings and used in unique ways.

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Morah M.’s 5th-grade class is curating a museum exhibit showcasing artifacts that represent family legacy and tradition. The items are described on a placard that explains: These candlesticks were my Bubby’s and now my mother and I use them for Shabbat. When I chose them, I thought of the story about R. Yehuda HaNasi that we learned (Ketubot 103a). Before he died, he told his family that they should continue to set the table the same way, keeping the lamp in its usual place. We’re sort of doing the same thing when we use Bubby’s candlesticks.

Talmud Education for Diverse Learners:  Taking the “Long but Short” Road

Talmud Education for Diverse Learners: Taking the “Long but Short” Road

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Teaching Talmud Guided by Essential Questions

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Standing at the edge of the sea can be an awe-filled experience—the incomprehensibly vast expanse of water with no end in sight is both inspiring and intimidating. We would not consider entering it, whether to swim, sail, surf, cruise, or dive without proper preparation. Similarly, the Sea of Talmud is rich with information, personalities, debates, and much more. It, too, can inspire and intimidate with its vastness and complexity, and we should not expect our students to be able to jump in and navigate it without context and a roadmap. To prepare our students as they embark on their journey into the Oral Torah, we need to define our goals and our strategies for achieving them.

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“Wait, What?!” Teaching Jewish Law in a Reform Jewish School

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Why Learn Talmud?

Why Learn Talmud?

Some of the articles in this issue describe the joy of studying Talmud, others break down the complex processes to make it more accessible to students or to enable the students to engage with it meaningfully. And just to make sure that we covered the bases of both the how and the why of Talmud study, we asked our authors to weigh in separately on the question: “Why do you think that day school students should be learning Gemara/Rabbinics?” We invite you to join that discussion.

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