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The idea of Machloket-less study and transmission of the Oral Torah is very basic in Judaism.

I spot two approaches:

  1. That of Sanhedrin 68b - there were Machlokot and different approaches and schools, but they were all settled by the working Sanhedrin:

    "תניא, אמר רבי יוסי: מתחילה לא היו מרבין מחלוקת בישראל, אלא בית דין של שבעים ואחד יושבין בלשכת הגזית"

    "... Rabbi Yosei said: Initially, discord would not proliferate among Israel. Rather, the court of seventy-one judges would sit in the Chamber of Hewn Stone... "

  2. That there were no different approaches, just as Moses didn't have them: Rashi (Sotah 47a see also Temurah 16a):

    "עד ימיהן לא היה מחלוקת בחכמי ישראל כולן היו אומרים דברים כנתינתן למשה"

While the first sound reasonable and feasible, the second sounds improbable and illogical: besides simple reciting mantras, discussing just anything leads to discords as a result of:

  • Differences in perception of the surrounding world - for example, time of sunrise, colors of stains, animal species or estimations of physical states (illness etc)

  • Finding new interpretations of the text

  • Different hierarchy of values (what overrides what)

Moreover, we can clearly see that Moses himself perceived the obligating (him) Halochos differently than what G-d told him, as in Breaking the Luchos, adding a day before Matan Torah, hitting the Rock and more.

I'm looking for a more comprehensive explanation of the approach that for over a thousand years studying of the Torah was Machloket-less.

Al Berko
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2 Answers2

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I think you are mistaken in your understanding of how the Sanhedrin worked. Or, to put it another way, when the gemara you quote (Sanhedrin 68b) says:

"תניא, אמר רבי יוסי: מתחילה לא היו מרבין מחלוקת בישראל, אלא בית דין של שבעים ואחד יושבין בלשכת הגזית

[A beraisa was] repeated: Rabbi Yosei said: Initially, discord would not proliferate among Israel. Rather, the court of seventy-one judges would sit in the Chamber of Hewn Stone...

It says "לא היו מרבין מחלוקת -- discord would not proliferate", not "לא היו מחלוקת -- there was no discord". And the translation is apt, we mean here מחלוקת in the sense of discord, not difference of opinion.

There were three styles of tefillin found in ancient use during the Maccabean and Bar Kokhva Revolts. Among the them both the styles we now identify with Rashi and Rabbeinu Tam.[1] The Sanhedrin saw no need to resolve the dispute, because it hadn't become a point of discord.

Even earlier, the tribe of Efraim didn't have the letter shin in their Hebrew -- thus the whole "shibboles" vs "sibboles" story in Shofetim 12. They must have fulfilled the mitzvah by saying "Sema Yisrael...", and the Sanhedrin didn't rule that Shema was one or the other.

Each city and sheivet had its own high courts, and only questions that needed escalation were referred to higher courts. They are even prohibited from punting a question they were capble of adjudicating themselves! (Sanhedrin 16b) So, if a city beis din or the sheivet's beis din hagadol had a ruling they were content with, the question never went to the Sanhedrin. And so, there would necessarily be regional differences.

And that was a good thing.


[1] Geza Vermes, “Pre-Mishnaic Jewish Worship and the Phylacteries from the Dead Sea,” Vetus Testamentum 9 (1959); J.T. Milik, “Textes littéraires,” in Discoveries in the Judaean Desert, Vol. 2* (texte) (Oxford 1961): p. 81.

Micha Berger
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  • It seems that the second part of your answer affirms my other question https://judaism.stackexchange.com/questions/100179/what-was-in-the-beginning-of-halachah - there was no ruling Halacha and therefore no discords.
  • – Al Berko Mar 05 '19 at 21:51
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    It's not actually true that they found rabbenu Tam tefillin. There was a somewhat ambiguous laid out scroll not matching any Talmudic opinion that Yigael Yadin decided was most similar to r Tam, and published that he found it. It was wildly publicized and repeated after that in Jewish encyclopedia type works. – Double AA Mar 05 '19 at 23:05
  • @AlBerko Chassidim who use two holes per corner to tie their tzitzis have a differing opinion about how to do the mitzavah. Or making those tzitzis from Ashkenazi windings vs Sepharadi half-knots. No one fights about it. But the attempt to reintroduce tekheiles caused heated arguments. And hilkhos eiruvin could produce outright fighting. – Micha Berger Mar 05 '19 at 23:10
  • @DoubleAA I will pick another example, then. But as long as they found more than one opinion over the course of the centuries between Chanukah and Bar Kokhva, the error doesn’t touch my point. But I am surprised. I thought ai cited the people who actually found them. – Micha Berger Mar 05 '19 at 23:13
  • I'd be happy to be shown a picture of a Rabbenu Tam Tefillin from Qumran, but from what I've read they don't unambiguously exist. (I'm also working from secondary sources here so maybe I'm wrong. But the pictures I saw were very clearly ambiguous.) Re your main point: only if the halakha that the order matters predates the Talmud. If the original practice was any order works than it'd be no surprise to find variations. – Double AA Mar 05 '19 at 23:17
  • I wasn’t talking about Qumran - they’re sectarians. I said Hasmonian Caves and a wadi used during Bar Kokhva’s rebellion. But the gemara is rife with machloqesei tannaim that even late amoraim take sides on. – Micha Berger Mar 05 '19 at 23:24