But if traditionalism was not to be committed to writing by Moses, measures had been taken to prevent oblivion or inaccuracy. Moses had always repeated a traditional law successively to Aaron, to his sons, and to the elders of the people, and they again in turn to each other, in such wise, that Aaron heard the Mishnah four times, his sons three times, the Elders twice, and the people once. But even this was not all, for by successive repetitions (of Aaron, his sons, and the Elders) the people also heard it four times. [491] And, before his death, Moses had summoned any one to come forward, if he had forgotten aught of what he had heard and learned. [492] But these Halakhoth of Moses from Sinai' do not make up the whole of traditionalism. According to Maimonides, it consists of five, but more critically of three classes. [493] The first of these comprises both such ordinances as are found in the Bible itself, and the so-called Halakhoth of Moses from Sinai - that is, such laws and usages as prevailed from time immemorial, and which, according to the Jewish view, had been orally delivered to, but not written down by Moses. For these, therefore, no proof was to be sought in Scripture - at most support, or confirmatory allusion (Asmakhtu). [494] Nor were these open to discussion. The second class formed the oral law,' [495] or the traditional teaching' [496] in the stricter sense. To this class belonged all that was supposed to be implied in, or that could be deduced from, the Law of Moses. [497] The latter contained, indeed, in substance or germ, everything; but it had not been brought out, till circumstances successfully evolved what from the first had been provided in principle. For this class of ordinances reference to, and proof from, Scripture was required. Not so for the third class of ordinances, which were the hedge' drawn by the Rabbis around the Law, to prevent any breach of the Law or customs, to ensure their exact observance, or to meet peculiar circumstances and dangers. These ordinances constituted the sayings of the Scribes' [498] or of the Rabbis' [499] [500] - and were either positive in their character (Teqqanoth), or else negative (Gezeroth from gazar to cut off'). Perhaps the distinction of these two cannot always be strictly carried out. But it was probably to this third class especially, confessedly unsupported by Scripture, that these words of Christ referred: [501] All therefore whatsoever they tell you, that do and observe; but do not ye after their works: for they say, and do not. For they bind heavy burdens and grievous to be borne, and lay them on men's shoulders; but with their finger they will not move them away (set in motion).' [502] This view has two-fold confirmation. For, this third class of Halakhic ordinances was the only one open to the discussion of the learned, the ultimate decision being according to the majority. Yet it possessed practically (though not theoretically) the same authority as the other two classes. In further confirmation of our view the following may be quoted: A Gezerah (i.e. this third class of ordinances) is not to be laid on the congregation, unless the majority of the congregation is able to bear it' [503] - words which read like a commentary on those of Jesus, and show that these burdens could be laid on, or moved away, according to the varying judgment or severity of a Rabbinic College. [504]
This body of traditional ordinances forms the subject of the Mishnah, or second, repeated law. We have here to place on one side the Law of Moses as recorded in the Pentateuch, as standing by itself. All else - even the teaching of the Prophets and of the Hagiographa, as well as the oral traditions - bore the general name of Qabbalah - that which has been received.' The sacred study - or Midrash, in the original application of the term - concerned either the Halakhah, traditional ordinance, which was always that which had been heard' (Shematha), or else the Haggadah, that which was said' upon the authority of individuals, not as legal ordinance. It was illustration, commentary, anecdote, clever or learned saying, &c. At first the Halakhah remained unwritten, probably owing to the disputes between Pharisees and Sadducees. But the necessity of fixedness and order led in course of time to more or less complete collections of the Halakhoth. [505] The oldest of these is ascribed to R. Akiba, in the time of the Emperor Hadrian. [506] [507] But the authoritative collection in the so-called Mishnah is the work of Jehudah the Holy, who died about the end of the second century of our era.