The Tosefta

2nd–6th Centuries
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Early versions of many of the teachings found in the Mishnah, alongside additional tannaitic teachings not included in the Mishnah, called baraitot (sg., baraita, lit. “outside”), circulated orally throughout the tannaitic period, perhaps in organized collections of some kind. Many such teachings are gathered in a collection known as the Tosefta, which reached its final form only after the Mishnah, in the mid- to late third century CE, at the earliest. The Tosefta’s organization follows the Mishnah’s division into orders and tractates, but the contents and organization of the material within each tractate can differ dramatically from the Mishnah.

Determining the Tosefta’s precise relationship to the Mishnah has been the topic of much debate. Scholars have noticed all of the following phenomena: The Tosefta preserves early versions of teachings that were reworked for inclusion in the Mishnah or entirely different teachings that were not included in the Mishnah at all. The Tosefta preserves teachings that contradict the Mishnah or are explicitly rejected by the Mishnah. The Tosefta contains fuller versions or critical backgrounds that explain, support, or contradict teachings found in the Mishnah. The Tosefta cites the Mishnah and comments upon it, or it cites an earlier or different version of the Mishnah and comments on it. And the Tosefta contains more aggadic material—usually narratives—than the Mishnah. Determining the relationship between the Mishnah and Tosefta must be pursued at the level of individual textual units on a case-by-case basis.

Related Primary Sources

Primary Source

Tosefta Kippurim

t. Kippurim 1:8
Public Access
Text
Why did he turn aside and weep? Because it was necessary to impose an oath on him. And why did they turn aside and weep? Because they had to impose an oath on him. And why was…

Primary Source

Tosefta Ketubbot

t. Ketubbot 12:5

Public Access
Text
They force [a spouse] to move from a town that has a gentile majority to a town that has a Jewish majority, but they do not force [a spouse] to move from a town that has a Jewish majority to a town…

Primary Source

Tosefta Bava Kamma

t. Bava Kamma 6:16–17
Public Access
Text
16. He who frightens his fellow to death is exempt under human law but liable under heavenly law. If he shouted in his ear and deafened him, he is exempt. I…

Primary Source

Tosefta Shevu‘ot

t. Shevu‘ot 1:3–4

Public Access
Text
3. R. Simeon used to say: Rendering the sanctuary and its holy things impure is more serious than all other transgressions listed in the Torah. All other transgressions listed in…

Primary Source

Tosefta Avodah Zarah

t. Avodah Zarah 4:3–6
Public Access
Text
3. One should dwell in the land of Israel, even in a town in which the majority of the inhabitants are gentiles, rather than dwell outside the land [of Israel], even in a town in which all the…

Primary Source

Tosefta Menaḥot

t. Menaḥot 5:6, 8
Public Access
Text
6. Torah regards intention as stronger than action in cases of sacrifice and action as stronger than intention in cases of sacrifice. How is intention stronger than action in cases of sacrifice? One…