Writing Down the Oral Torah

b. Temurah 14b

R. Judah bar Naḥmani, the disseminator for Resh Lakish, expounded [as follows]: One verse says: Write you these words, and one verse says [i.e., it states later in that same verse]: For by the mouth of these words (Exodus 34:27). [These phrases serve] to say to you: Words that were [taught] orally you may not recite in writing, and [words] that are written you may not recite orally [i.e., by heart].

And [furthermore], the school of R. Ishmael taught: [The word “these” in the command] write you these words [serves to emphasize that] these [words, i.e., those recorded in the Written Law], you may write, but you may not write halakhot [i.e., the mishnayot and the rest of the Oral Law].

They said [in response to the question of how R. Dimi could propose writing down the halakhah in a letter]: Perhaps [with regard to] a new matter it is different [i.e., it might be permitted to write down new material so that it not be forgotten. One proof for this suggestion is] that R. Yoḥanan and Resh Lakish [would] read from a scroll of aggadah [containing the words of the sages] on Shabbat. And [they did so because] they taught as follows: [Since one cannot remember the Oral Law without writing it down, it is permitted to violate the halakhah, as derived from the verse:] It is time to work for the Lord; they have made void your Torah (Psalm 119:126). They said it is better to uproot [a single halakhah of the] Torah [i.e., the prohibition of writing down the Oral Torah] and [thereby ensure] that the Torah is not forgotten from the Jewish people [entirely].

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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As is also evident in the text of b. Gittin 60b, different rules regulated the transmission of the Written Torah and the Oral Torah. This passage further takes up the circumstances under which the Oral Torah may be inscribed and concludes that it is better that Oral Torah be recorded—that is, inscribed in writing—than lost.

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