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IJJER International Journal of Jewish Education Research, 2016 (9), 63-82. Reconceiving Talmud Torah: David Weiss Halivni on the Post-Holocaust Theological Justification of HistoricalCritical Study of the Talmud Dr. Ari Ackerman1 | ackerman@schechter.ac.il Schechter Institute Abstract he article examines David Weiss Halivni's post-Holocaust approach to the question of the relationship between faith, halakhah, and history, his reconceiving of the nature and purpose of talmud Torah and the educational implications of these theological relections. For Halivni, the Holocaust commands the re-imagining of the purpose and nature of Torah study. Torah learning in a post-Holocaust world must recognize the damage incurred by the expansion of human freedom and independence from God, and relect the hope and yearning for the restoration of God's dominion and presence that was evident at the Sinaitic revelation. Halivni avers that these twin goals are accomplished through historical criticism, which detects the human corruptions that contaminated the Bible and Talmud and attempts to restore the unadulterated word of God through recovering the original revealed text. Hence, he views the historical investigation of canonical texts as the telos of the strivings of a person of faith. he article concludes with 1 I would like to thank Zvi Leshem who reviewed the article and provided helpful comments and criticism. 63 Reconceiving Talmud Torah the educational implications of Halivni's approach to the relationship between talmud Torah and historical criticism and his attempt to navigate between the conlicting commitments of the educational approaches of the traditional approach to Talmud study and that of the academic study of Bible and Talmud. Key words: David Weiss Halivni; Talmudic criticism; postHolocaust theology One of the foundations of pre-modern Jewish education was the commitment to talmud Torah - teaching boys and young men cultural literacy through textual engagement in the heder and yeshivah. In these two primary educational institutions of traditional Jewish society, Jewish canonical texts were studied in a ahistorical fashion as a means of understanding God's will. he tradition was thereby transmitted from generation to generation while also allowing for its probing, exegesis and development in the conines of the Talmudic academy. Torah was viewed, then, as an ininite source of relection and interpretation and its study was upheld as an exalted religious and educational ideal. However, modernity has challenged the supremacy of talmud Torah on a number of fronts.2 Haskalah and subsequently Zionist ideology—with their emphasis on productivity—criticized the excessive engagement in theoretical study of abstruse Jewish texts in traditional Jewish education. he Haskalah also argued that general knowledge and universal values, rather than Torah knowledge and particular Jewish values, are crucial in cultivating an educated, moral, and cultured human being (Bildung) and allowing entrance into the surrounding society. Likewise, the rise of historical criticism and the accompanying Wissenschaft movement viewed the ahistorical approach of the yeshivah as subjective pilpul divorced from objective truth. Historical scholarship, which views canonical texts as human creations that underwent transformations (as well as corruptions), questions also the theological foundation that undergirds the value of talmud Torah: the belief that the Bible and Talmud are products of God's revelation and contain truths impervious to historical contingencies. In addition, the rise of Jewish nationalism provided other forms of Jewish identiication and 2 On the modern challenges to the commitment to talmud Torah see Moshe Halbertal, People of the Book, Cambridge, MA: Harvard University Press, 1997, pp. 129-136; Judah Levine, "Talmud Torah in Modern Jewish hought: Martin Buber and the Renewal of Text-Centered Judaism," Ph.D. Dissertation, University of Chicago, 2010, pp. 29-86. 64 Dr. Ari Ackerman commonality that replaced the text as the foundation of the rabbinic text-centered community. Finally, the drive for self-realization in modern culture looks askance at the valorization of dedication to Torah study for no personal gain (Torah lishmah). In response to these multiple challenges, modern Jewish education introduces innovative educational institutions grounded in alternative conceptions of talmud Torah (as well as educational institutions grounded in alternative educational ideals). hese include the nineteenth-century Lithuanian yeshivah, which developed a highly conceptual approach to Talmud study;3 the Jewish heological Seminary of Breslau, which trained rabbis though a curriculum compatible with Wissenschaft aspirations;4 the Frankfurt Freies Jüdisches Lehrhaus, a non-Orthodox bet midrash for adult Jewish learning which fostered a dialogical community on the basis of textual study;5 and the network of contemporary secular and pluralistic Israeli batei midrash, which has fostered a renewal of cultural interest among a sector of secular Jews and learning partnerships between secular and religious Jews.6 Each of these institutions promoted a novel understanding of the nature and goal of Torah study. And these alternative conceptions of talmud Torah were often envisioned and justiied by a particular Jewish thinker.7 In this article, I would like to suggest that the theology of David Weiss Halivni could also be read as 3 Shaul Stampfer, Lithuanian Yehivas of the Nineteenth Century, Oxford: Littman Library of Jewish Civilization, 2012. 4 Andreas Braemer, "he First Years of the Breslau Rabbinical Seminary," in From Breslau to Jerusalem, ed. Guy Miron, Jerusalem: Schechter Institute, 2009, pp. 2750; Guy Miron, "he Breslau Rabbinical Seminary: he Final Generation," in From Breslau to Jerusalem, pp. 86-99; Esther Seidel, "he Jewish heological Seminary of Breslau (1854-1938)," European Judaism 38 (2005) pp. 133-144. 5 Rivka Ulmer, "Franz Rosenzweig’s Jüdisches Lehrhaus in Frankfurt : A Model of Jewish Adult Education," Judaism 39 (1990) pp. 202-214; Michael Brenner, he Renaissance of Jewish Culture in Weimer Germany, New Haven: Yale University Press, 1996, pp. 69-99; Paul Mendes-Flohr, "he 'Freies Jüdisches Lehrhaus' of Frankfurt," in Jüdische Kultur in Frankfurt am Main, ed. Hrsg. von Karl E. Grozinger, Wiesbaden: Harrosowitz Verlag, 1997, pp. 217-229; Ephraim Meir, he Rosenzweig Lehrhaus: Proposal for a Jewish House of Study in Kassel Inspired by Franz Rosenzweig’s Frankfurt Lehrhaus, he Rappaport Center for Assimilation Research and Strengthening Jewish Vitality, Bar Ilan University: Ramat Gan, 2005. 6 Yair Sheleg, he Jewish Renaissance in Israeli Society, Jerusalem: he Israel Democratic Institute, 2010 [Hebrew]; Rachel Werczberger and Na'ama Azulay, "he Jewish Renewal Movement in Israeli Secular Society," Contemporary Judaism 31 (2011) pp. 107-128. 7 See below in the concluding section of the paper. 65 Reconceiving Talmud Torah ofering a new understanding of talmud Torah that views the raison d'être of Torah study as the restoration of revelation through the employment of the critical-historical methodology in studying the Bible and the Talmud. I. Halivni and the Historical Methodology David Weiss Halivni has distinguished himself as one of the leading Talmudists of his generation. His monumental work, Mekorot u-Mesorot (Sources and Traditions), skillfully investigated the redactional history of the Talmudic text and is the irst critical commentary of multiple tractates of the Talmud,8 In his later works, he began to explore theological questions as well.9 he bedrock of his theological inquiry is unsurprisingly a theological justiication for the historical-critical study of the Talmud. Halivni defends the legitimacy of Talmudic scholarship by grappling with the standard objection raised by Orthodox scholars against the historical-critical approach to canonical texts. Orthodox 8 On Halivni's contribution to Talmudic scholarship see Irwin Haut, he Talmud as Law or Literature: An Analysis of David W. Halivni's Mekorot Umasorot, New York: Bet Sha'ar Press, 1982; Hanan Alexander, "David Halivni and Shamma Friedman: Conlicting Trends in Talmud Criticism," Conservative Judaism 39 (1987) pp. 45-57; Louis Newman, "he Work of David Weiss Halivni: A Source-Critical Commentary to b. Yebamot 87b.," Semeia 27 (1983) pp. 93-102; Jacob Neusner, "David Weiss Halivni’s 'Sources and Traditions' Revisited," in Judaism in Late Antiquity, volume three, eds. Alan J. Avery-Peck and Jacob Neusner, Leiden: E.J. Brill, 2000, pp. 77-106; idem, "Did the Talmud’s Authorship Utilize Prior 'Sources'? A Response to Halivni’s Sources and Traditions," in From Ancient Israel to Modern Judaism: Essays in Honor of Marvin Fox, volume two, eds. Jacob Neusner et al., Atlanta: Scholars Press, 1989, pp. 53-79. 9 On Halivni's theology see Avi Sagi, "Between Peshat and Derash," Tarbiz 61 (1992) pp. 583-592 [Hebrew]; Baruch Schwartz, "On Peshat and Derash, Biblical Criticism and heology," Prooftexts 14 (1994) pp. 71-88; Peter Ochs, "From Peshat to Derash and Back Again," Judaism 46 (1997) pp. 271-292; idem, "Talmudic Scholarship as Textual Reasoning: Halivni's Pragmatic Historiography," in Textual Reasoning: Jewish Philosophy and Text Study at the End of the Twentieth Century, eds. Peter Ochs and Nancy Levene, London: SCM Press, 2002, pp. 120-143; idem, "Recovering the God of History," in Jews and Christians—People of God, eds. Carl Braaten and Robert Jenson, Grand Rapids, MI: W.B. Eerdmans Publishing, 2003, pp. 114-147; Jonathan Cohen, "Halivni and Halbertal on the Interpretive Enterprise of Hazal: Educational Implications," Studies in Jewish Education 8 (2003) pp. 91-107; Ari Ackerman, "David Weiss Halivni and the heology of the Conservative Movement," in New Perspectives on the Conservative Movement, ed. Avinoam Rosenak, Jerusalem: Van Leer Publications, forthcoming [Hebrew]. 66 Dr. Ari Ackerman theologians, such as Samson Raphael Hirsch, view historical criticism as incompatible with the traditional conception of revelation which depicts God dictating to Moses the exact text of the Pentateuch. Orthodox dogma also opposes historical research of sacred Jewish texts because it runs counter to the belief in the perfection and immutability of the Torah. Halivni accepts that dogmatic status of the belief in Torah min ha-shamayyim. Yet he counters that the revealed text became distorted from a lack of concern on the part of the Israelites who practiced the idolatrous religions of the neighboring nations.10 Due to the "sins of Israel," the Masoretic Biblical text cannot be identiied with the revealed text transmitted to Moses and historical criticism therefore does not conlict with belief in the revealed status of the original text that was transmitted to the Jewish people at Sinai. Halivni's justiication of historical methodology, however, is not exclusively occupied with fending of the attacks of Orthodox critics. It is far more ambitious, arguing that historical analysis of the Bible and the Talmud is the highest form of talmud Torah. Halivni's reconceiving of the commandment of Torah study also relates to another aspect of Halivni's religious philosophy: his theological response to the Holocaust. In understanding the nature of talmud Torah, Halivni grapples with the issue of the meaning of religious activity in the wake of God's absence during the Holocaust. hus Halivni, a survivor of the concentration camps Auschwitz and Bergen-Belsen and the labor camp Wolfsberg, provides a post-Holocaust conception of talmud Torah and its relationship to the scientiic study of the Bible and Talmud. II. Halivni's Post-Holocaust heology Halivni's latest work on theology, Breaking the Tablets: Jewish heology After the Shoah,11 seemingly addressed a new theological issue. His previous works grappled with the issue of the relationship between historical scholarship, faith and halakhah. In contrast, as the title indicates, his new work concerned itself with theological problems concerning the radical evil of the Holocaust. In particular, Halivni addressed one of the most debated questions among post-Holocaust theologians: Can the sufering of the Holocaust be explained as 10 Halivni, Peshat and Derash, Oxford: Oxford University Press, 1991, pp. 132-134; idem, Revelation Restored, Boulder, CO: Westview Press, 1997, pp. 4-5. 11 Halivni, Breaking the Tablets: Jewish heology After the Shoah, ed. P. Ochs, Lanham and Boulder: Rowman and Littleield Publishers, Inc., 2007. 67 Reconceiving Talmud Torah punishment for sinful behavior? In response, Halivni argues vociferously against any position that would attribute the sufering of the Holocaust to punishment for sin. In attempting to refute this position, his concern is primarily exegetical. He marshals Biblical and rabbinic proof-texts in order to demonstrate that the Jewish tradition rejects the notion that God could deliver a punishment as horriic as the Holocaust.12 Yet, despite his exegetical focus, Halivni's opposition to the explanation of the Holocaust as punishment clearly derives from a sense of moral outrage. As he asserts, "there is no sin or transgression that merits a punishment like the Shoah."13 He further buttresses his moral claim with the following argument: "Whoever seeks to explain the Shoah reduces it to some natural phenomenon, belittles its evil and assuages the guilt of those who perpetuated it."14 hough rejecting the explanation of the Holocaust as punishment, Halivni is unwilling to abdicate God's providential role in directing history. He must therefore provide some justiication for God's lack of intervention in squashing the horrors of the Holocaust. He suggests that God's lack of involvement might be the result of the need to foster human free will. his justiication, however, fails to explain God's previous involvement in Jewish history and God's failure to intercede at this juncture. To address this problem, Halivni employs the kabbalistic notion of tsimtsum ("divine contraction").15 He argues that periodically the need arises for God's contraction so that human autonomy can be preserved. Halivni's treatment of this seminal issue of post-Holocaust theology can be compared with that of other post-Holocaust theologians. His vociferous rejection of the equation between sufering in the Holocaust and divine punishment is shared by many other postHolocaust theologians such as Eliezer Berkovits, Yitz Greenberg, and Emil Fackenheim,16 and his employment of arguments concerning free 12 Breaking the Tablet, pp. 17-27. 13 Breaking the Tablets, p. 24. 14 Breaking the Tablets, p. 26. 15 Breaking the Tablets, pp. 31-34. 16 Berkovits, Faith after the Holocaust, New York: KTAV Publishing House, 1973, p. 89; Greenberg, "Cloud of Smoke, Pillar of Fire: Judaism, Christianity and Modernity after the Holocaust," Auschwitz, Beginning of a New Era?, ed. E. Fleischner, New York: KTAV Publishing House, 1997, pp. 7-55; Fackenheim, God's Presence in History, New York: Harper Torchbooks, 1970, pp. 3-8. 68 Dr. Ari Ackerman will resembles those of Berkovits and Greenberg.17 However, my concern here is not to gauge Halivni's contribution to post-Holocaust theology. Rather, I will conine my comments to the relationship between his theological relections on the Holocaust and his conception of history, halakhah and faith, arguing that the former illuminates the latter. Indeed, I will maintain that his theological relections on the Holocaust provide the Archimedean point from which to observe the core motivations and objectives of Halivni's scholarly project. In order to understand the nexus between Halivni's post-Holocaust theology and his scholarship, we must examine his conception of the Holocaust as a "revelation of God's absence."18 For Halivni, the Holocaust signals God's ultimate withdrawal and distance during which Israel is slaughtered by its demonic enemy. he revelation of God's absence at the time of the Holocaust is contrasted with the revelation at Sinai, which signals God's presence. Yet Halivni does not view the Holocaust as rupturing the covenant established at this foundational act of revelation. He views the covenant as unbreakable even in light of the horrors perpetuated during this dark age of human and Jewish history. Instead, he views the revelation of the Holocaust as bringing about a reorientation in which we realize that God has been gradually withdrawing while augmenting human autonomy.19 By viewing this process through the lens of the Holocaust, the increased human involvement in response to divine contraction is conceived in tragic terms, as a mechanism of destruction and devastation. hus, the Holocaust bears testimony to the destructive force that arises from God's contraction and the expansion of human freedom. Halivni further claims that these two revelatory acts—Sinai as testifying to God's presence and the Holocaust to God's absence— should not displace one another. But they should be held together in a dialectic manner by accepting the reality of God's absence while positing the ideality of God's presence. hat is, we must solemnly acknowledge that God's redemptive power has increasingly absented itself. Consequently, humanity at large and the Jews in particular are 17 Berkovits, Faith after the Holocaust, pp. 101-107; Greenberg, "Voluntary Covenant," Perspectives, New York: CLAL, 1982, pp. 33-3. 18 Breaking the Tablets, p. 107. 19 In this regard, Halivni's conception of revelation is similar to Irving Greenberg's notion of "orienting experience" and Emil Fackenheim's concept of "root experience." See Fackenheim, God's Presence in History, pp. 8-14; Irving Greenberg, "Cloud of Smoke, Pillars of Fire: Judaism, Christianity and Modernity after the Holocaust." 69 Reconceiving Talmud Torah vulnerable to the damage incurred by human frailty and weakness. But we must also anticipate and yearn for the return of God's dominion and a restoration of the divine presence felt at Sinai. For Halivni, Jewish existence, particularly in the post-Holocaust period, oscillates between these two revelatory moments. Halivni depicts the impact of this luctuation on our religious orientation in the following manner: Israel's spiritual history took place, moving between God's embracing us at Sinai and God's withdrawing from us at Auschwitz, between our sense of connection and our sense of detachment. Every aspect of spiritual life is afected by this movement: the way we believe, the way we pray, the way we study His Torah, and the way we make ritual decisions. he way we view His connection to us afects our place and purpose in the universe.20 He claims that the new spiritual orientation is exempliied by prayer during the Holocaust. In particular, the blessing of malkhut ("Divine Sovereignty"), added to the amidah of the musaf service of the New Year, is uniquely appropriate for bringing to the surface the nature of prayer in the unprecedented situation of a Nazi concentration camp (and by extension in a post-Holocaust world).21 In this prayer, we beseech "God and the God of our Ancestors, rule over all the world, in Your full glory." his prayer captures our deep longing for the restoration of God's dominion at a time of divine absence. hus, with the increase of human sovereignty and the attendant evil and sufering, according to Halivni, human beings pray for a return to Sinai, a time when God's proximity was evident. III. Halivni's Post-Holocaust Conception of Talmud Torah Halivni argues that even more than prayer, the Holocaust charges us to reevaluate and re-imagine the purpose and nature of Torah study. Learning Torah in a post-Holocaust world must embody the dual movement, and must recognize the damage incurred by the expansion of human freedom and independence from God. Likewise, it must relect the hope and yearning for the restoration of God's dominion and presence as was evident at the Sinaitic revelation. For Halivni, these twin 20 Breaking the Tablets, p. 107. 21 Ibid, p. 36. 70 Dr. Ari Ackerman goals are accomplished through the detection of the human corruptions that contaminated the Bible and Talmud and the attempt to restore "the unadulterated word of God" through recovering the original revealed text.22 Let us irst relate to Halivni's understanding of the corrupted Biblical and Talmudic text. According to Halivni, once the Torah was given over to human beings, it became susceptible to their limitations. As noted above, Halivni employs the notion of hatei yisrael ("sins of Israel"), which entails that Israel was immersed in idolatry and failed to observe even the most essential commandments from the revelation at Sinai to the period of Ezra. his neglect of the Torah led to a corrupted and maculated Biblical text. Consequently, Halivni accepts the conclusion of Biblical critics that the contradictions and lacunae of the Masoretic Biblical text is evidence of its human province.23 But, according to Halivni, this historical conclusion does not contradict the belief in Torah min ha-shamayyim, because once the revealed Torah was given over to human beings, it became exposed to the devastating impact of sovereign human action. As with his view of the Bible, Halivni believes that the Talmudic text, too, is tainted by textual problems. However, in the case of the Talmud, the cause of the textual corruption is not neglect, but the product of a faulty understanding of the earlier traditions by the Talmudic redactors. As Halivni asserts, "If the text of the written Torah, Scripture, is marred by maculation, the text of the Talmud is marred by forced interpretation, dochok, the efort to cover over, or rationalize, the maculations of received texts."24 For Halivni, these "forced interpretations" are the foundation of the later anonymous strata of the Talmudic text (stam). Indeed, more than any other contemporary Talmudic scholar, Halivni underscores the pervasiveness of the dochok in the formation of the redacted Talmud. Hence, his detailed commentaries on numerous Talmudic tractates attempt to show the extent that the redactors of the Talmud whose discussions are recorded in the stam—which makes up the majority of the Talmudic discussion—misunderstand the apodictic statements of the earlier Tannaim and Amoraim. Halivni buttresses his conception of the corruptions of the Talmudic text with two historical theses—both of which run contrary 22 Ibid, p. 53. 23 Ibid, p. 2. 24 Breaking the Tablets, p. 59. 71 Reconceiving Talmud Torah to the accepted views of traditional Judaism and earlier approaches to Talmudic criticism. First, he argues that the earlier scholars transmitted their legal decisions in the form of apodictic statements.25 he stam, then, received Tannaitic and Amoraic statements, which lacked the dialectical argumentation and explanation to properly understand them. Secondly, the redaction of the Talmud occurred generations after the promulgation of the legal decisions of the Tannaim and Amoraim.26 Hence, according to Halivni, the proper understanding of the original statements was unavailable to the redactors of the Talmud due to their fragmentary state and the temporal distance between them and the Tannaim and Amoraim who formulated the Mishnaic and Talmudic urtext. he redactors were therefore compelled to speculate about their meaning, unequipped with the proper historical tools necessary to arrive at peshat. For Halivni, then, the importance of recovering these ancient traditions is due to their source in divine revelation. Halivni therefore views certain traditions of the early Tannaim as records of divine revelation rather than human interpretations of the Written Torah. Some of these Tanaitic statements originate with Ezra who was well aware of the problems of the Biblical text and was concerned with restoring it to its original form. Toward this end, he transmitted oral interpretations (derashot) grounded in authentic traditions that reported the original version of the Biblical text. For example, according to Halivni, the famous midrashic interpretation of the verse "eye for an eye" as meaning inancial compensation, originates with Ezra and recovers the authentic divine meaning of the verse before it was tainted by human neglect.27 Halivni identiies other instances in which the Oral Torah was part of the revelation at Sinai. hese rabbinic traditions do not replace existing verses but provide supplementary laws: he irst may be termed interpretation and deinition, that is, additional explanation and detail—more reined calendrical information, iner 25 Halivni, Introduction to "Sources and Traditions", Jerusalem: Magnes Press, 2009, pp. 91-104 [Hebrew]. 26 Halivni's view on this issue has evolved. As he became more convinced of the pervasiveness of forced interpretations, he pushed even further ahead the date of the redaction of the Talmud. His current view is that the Babylonian Talmud was not redacted until the eight century (Introduction to "Sources and Traditions", pp. 2-5). 27 Exodus 21:24; Mekilta De-Rabbi Ishmael, trans. J. Lauterbach, Philadelphia: Jewish Publication Society, 1935, volume three, Tractate Nezikin, pp. 67-88; Babylonian Talmud, Baba Kama 83b-84a. He discusses this rabbinic interpretation in Peshat and Derash, p. 130. 72 Dr. Ari Ackerman particulars of practices such as divorce and Shabbat, and such crucial qualiications as pikuach nefesh, or times when the religious law can be abrogated to "save human life." … We may imagine that a second kind of missing material concerned broad accounts of major institutions—such as nisuch hamayim (the libation of water on the holiday of Sukkot) and the aravah rite (striking the "willow branch" on Hoshanah Rabbah).28 Halivni suggests that some of these rabbinic interpretations were actually part of the Written Torah, which must have been more extensive before the corruptions during the idolatrous state of the Israelites. He also accepts that additional legal material was supplied in the form of oral instructions delivered to Israel at the time of the revelation of the Written Torah at Sinai. hus, since some of the early rabbinic traditions were actually part of the Sinaitic revelation, Halivni views the dochok of the Talmudic redactors as actually perverting the very word of God. Halivni certainly does not equate the human catastrophe maliciously engendered by the Nazis and the textual corruptions brought about by the Israelites and by Talmudic sages. However, he claims that both result from God's gradual contraction, beginning immediately after the original revelation of the divine will and law and both problematize our ability to experience God's presence and hear God's word. According to Halivni, it is tragic, then, that the gradual cessation of revelation engenders corruption of the Biblical and rabbinic corpus. he involvement of human beings in the transmission, formation, and interpretation of the canon has obstructed a proper understanding of it, and even has damaged its textual foundation. It therefore challenges us—as does the radical evil that occurred during the Holocaust—to attempt to connect with God and the divine word and will in a post-Holocaust world. We are compelled to ask: How can we counteract God's withdrawal and return to the meta-historical moment of the Sinaitic revelation? How can we rid ourselves of the corruptions and distortions and receive again the pristine divine law? IV. Faith, Revelation and Historical Criticism Halivni argues that Torah study provides a means to achieve, at least to a certain degree, the restoration of God's revelation. he restoration is accomplished through reconstructing the original canonical text, 28 Breaking the Tablets, p. 90. 73 Reconceiving Talmud Torah which represents the unspoiled and immaculate will of God. But Halivni sharply distinguishes between the traditional mode of study and the historical-critical approach. Only talmud Torah which employs historical-critical methodology can arrive at the original meaning of canonical texts. Halivni does carve out an important role for the classical ahistorical approach to talmud Torah in adjudicating law. he rabbis had received a Torah replete with deletions and contradictions and encountered novel situations that were not addressed by the laws of the original revelation. What is more, Halivni believes that the original revelation was intentionally incomplete: Man must rely upon himself and not God to fashion a halakhic system that is conclusive and categorical from a revelation that was purposefully inconclusive and indeterminate. … Man is thereby empowered and commissioned by God to consummate the process of revelation, to make tangible and exact what has been revealed only in outline.29 Consequently, Halivni argues that God has granted broad exegetical latitude to the rabbis so that they can shape the halakhic tradition. he historian must, then, accept the normative conclusions of the rabbinic scholars who use the traditional tools of probing the canonical texts. But normative and historical truth is not equivalent. According to Halivni, rabbinic legislation and exegesis are generally additions to the Written Torah and not accurate interpretations thereof. Unassisted by critical historical methodology, Torah scholars were unable to restore the Written Torah to its original version and even to understand it properly. he critical scholar must therefore employ an alternative methodology, which can ascertain the historical genesis of the canonical texts. hus, according to Halivni, there are two types of truth and two corresponding forms of talmud Torah: normative truth arrived at through talmud Torah as practiced by rabbinic scholars and historical truth arrived at through talmud Torah as practiced by critical scholars. What is more, Halivni views the latter as the higher form of Torah study. It has profound religious signiicance due its ability to recover the proper meaning and text of the Bible and Talmud. Halivni thus appropriates tikkun (repair), the highly charged theological concept from Lurainic Kabbalah, in regard to the impact of talmud Torah-cum-historical criticism, which is involved in "repairing what was broken in the beginning."30 29 Peshat and Derash, p. 97. 30 Breaking the Tablets, p. 59. On Halivni's understanding of tikkun see below p. 19. 74 Dr. Ari Ackerman Additionally, he views the historical investigation of canonical texts as the telos of the strivings of a person of faith. As he avers, "the task of a religious person—one who believes in the Sinaitic revelation—is to restore the maculated text, the text that was corrupted through the 'Sins of Israel.'"31 Halivni thus claims that the practice of Biblical criticism—if accompanied with the proper motivation—can actually embody a belief in the revelation at Sinai. Deconstruction of the lawed Masoretic text to recover the urtext transmitted at Sinai expresses a deep commitment to Sinaitic revelation. Halivni expresses a similar attitude to Talmudic criticism. Like Biblical criticism, scholarly analysis of the Talmudic text and its redaction history fulills a religious duty when it is a spiritually motivated act of restoration, recovering earlier authentic traditions. V. David Weiss Halivni's Scholarly Agenda Halivni's understanding of the need to recover the pristine form of the canonical text shapes his own scholarly agenda. He attempts to formulate a methodology for interpreting the Talmud that will allow for the reconstruction of the meaning—and at times the proper text— of the Tannaitic and Amoraic apodictic statements. As he underscores, "the primary objective of our work, Sources and Traditions, is to ind an alternative to the prevalent forced interpretations in the Talmud …, replacing them with interpretations closer to the intended meaning (peshat)."32 For our purposes, it is not necessary to provide a detailed description of his methodology. It is suicient to note that his methodology regarding Talmudic scholarship parallels his theology in its emphasis on restoring the original text rather than understanding the features of the humanly constructed Talmudic sugyah. His theology also parallels his Talmudic scholarship in its belief that historical investigation can allow for the separation between corrupted traditions and the authentic sources (as indicated by the title of his magnum opus, Sources and Traditions). Halivni's understanding of the raison d'être of history, then, diverges from the conventional approach of historical studies. History is generally viewed as the study of human action—whether in the political, social, economic, cultural, or religious realm—over time. Marc Bloch's characterization of history as the "study of men in time"33 is typical in this 31 Breaking the Tablets, p. 54. 32 Introduction to "Sources and Traditions", p. 10, n. 30. 33 Marc Bloch, he Historian's Craft, tran. J. Strayer, New York: Vintage Books, 75 Reconceiving Talmud Torah regard Halivni ofers a contrasting approach to historical investigation: he employs history to get at God's word rather than at the human deed. His historical analysis uncovers the humanly constructed components of the Bible and Talmud, which developed over time. However, he brings the human contribution to the canonical text to the surface only in order to cast it aside. Having removed the human corruptions, history can arrive at the original, authentic divine core. Halivni's recasting of the objective of historical scholarship weaves together masterfully humanistic and anti-humanistic strands. On the one hand, his conception of history represents a radical empowerment of human investigation and contraction of the scope of divine revelation. In a humanistic vein, Halivni airms that God carves out a broad sphere for the growth of human intellectual autonomy. What is more, he believes that the human being, by employing historical reasoning, can arrive at the divine truth. Hence, Halivni's approach follows the humanistic tradition in viewing human reason as a powerful and accurate tool and in charging human beings to employ it to determine God's word. On the other hand, Halivni opposes the humanistic shift in focus from transcendent divinity to immanent human activity. Implicit in the emphasis on human action in historical studies, which is an outgrowth of Renaissance humanism, is a valorization of the human being and a secularization of human history.34 In contrast, Halivni views history as a tool to get at the divine revelation, which underwent corruption through its descent into human hands. He views history as sweeping away the impact of human action, which is viewed as distortive and destructive, and focuses on the earliest and most authoritative elements of the tradition that most closely approximate the divine revelation. Paradoxically, then, it is historical studies that allow us to return to a metahistorical point of Jewish history. In sum, David Weiss Halivni ofers a modern (or more precisely post-Holocaust) conception of talmud Torah. He appropriates the methodology of nineteenth-century Wissenschaft scholarship, but he reframes its purpose. Historical study attempts to recover the original text before the onset of human corruptions and can be viewed as a longing for a restoration of Sinai. Consequently, Talmudic scholarship should not be viewed as an antiquarian practice of exclusively historical 1953, pp. 27-29. 34 On the secularizing tendency of Jewish historical studies see Yosef Yerushalmi, Zakhor, New York: Schocken Books, 1989, pp. 81-103. 76 Dr. Ari Ackerman interest. Rather, according to Halivni, the scientiic study of the Talmud is grounded in a deeply religious, quasi-mystical yearning for God that can be satisied by encountering God's word rather than God's presence. It as an act of faith and prayer, a cri de coeur, which represents the existential response of a person of faith to God's absence in a postHolocaust world.35 In this regard, it is helpful to briely relate to Halivni's employment of theological conceptions from Lurianic Kabbalah, particularly his appropriation of the notion of tikkun. Halivni is certainly aware of Gershom Scholem's well-known reconstruction of Lurainic Kabbalah. Scholem viewed Luranainic kabbalah as emerging in the wake of the trauma of the expulsion from Spain in 1492.36 In response, Jewish mystics conceived of God as having undergone a rupture (shevirat ha-kelim) and being dependent on human beings for repair. hese mystics saw themselves as the adepts who could bring about this tikkun. Likewise, in response to the horrors of the Holocaust, David Weiss Halivni, a rabbinic scholar who experiences God in the give and take of the Talmudic daf, conceives of the Talmud as having endured a deep issure. he Talmudic text, like the God of Luria, depends on human scholars for its repair and Halivni works assiduously to restore its harmony, which he views as the telos of Torah study. VI. A Critical Discussion of Halivni's heological Approach David Halivni's theological works and the unique position he espouses on a number of crucial theological challenges merit careful and extensive evaluations. In the context of this expository essay, I am unable to provide such a treatment. Nevertheless, I would like to briely raise a number of issues that require further clariication. First, it is not entirely clear to what extent Talmudic criticism should be considered as recovering the original and authentic word of God. Halivni's argument that Biblical criticism restores revelation is relatively straightforward. It emerges from the following premises: he Hebrew Bible was revealed at Mount Sinai; it subsequently underwent a process of corruption and Biblical criticism possesses the ability to arrive at the original text. he second and third premise can equally be applied 35 On the relationship between scholarship and prayer see Halivni's statement and Och's analysis (Breaking the Tablets, pp. xix, 62). 36 Gershom Scholem, Major Trends in Jewish Mysticism, New York: Schocken Books, 1941, pp. 244-247. 77 Reconceiving Talmud Torah to Talmudic criticism. (hat is, the Talmud also became damaged and Talmudic criticism can recover the original text of the Tannaim and Amoraim.) However, Talmudic criticism can be considered as recovering God's revealed word only by positing that the source of the statements of the Tannaim and Amoraim is divine revelation. Certain Orthodox scholars indeed adopt such a position regarding the revealed nature of the Oral Torah as a whole. However, Halivni vociferously rejects the notion that the oral revelation provides a comprehensive and detailed system of halakhah.37 He does airm, however, that some of the Tanaitic traditions can be traced back to Ezra and perhaps were even part of the laws transmitted to Moses at Mount Sinai.38 But he also argues for a minimalistic theory of revelation, which limits the scope of the Sinaitic revelation in order to allow for a wide arena for human halakhic activity.39 As a result, one must ask to what extent can Talmudic criticism be considered "revelation restored"? At the least, Halivni should give priority to Biblical criticism over Talmudic criticism, a hierarchy that I would assume that Halivni would be unwilling to accept. Second, we should consider more closely the efectiveness of Halivni's employment of the notion of tsimtsum. As noted above, Halivni suggests that God's inaction during the Holocaust is related to an attempt to enhance human freedom. He further explains that the cause of God's silence at this juncture—unlike previous instances of God's intercession—is necessary to "readjust the tsimtsum": his readjustment was necessary because, as God contracts into Himself, He leaves a vacuum in His wake (challal rek); and, since a vacuum is not self-maintaining, the divine must continually regenerate it. his means, however, that the divine continually reenters the vacuum, reintroducing divine being into its emptiness and thus, efectively, "gnawing away" at the vacuum itself. God's intervention in history, in particular the history of Israel, is among the most important sources of this "gnawing away." Lest the divine presence devour the tsimtsum altogether and vitiate free will, the Holy One periodically regenerates the tsimtsum: restoring it to its original course and thus enabling free will to function as before.40 Halivni thus adopts a form of the free-will argument, which sufers 37 38 39 40 78 Breaking the Tablets, pp. 73-101. See above n. 27. Peshat and Derash, pp. 112-125. Breaking the Tablets, p. 33. Dr. Ari Ackerman from the problems associated with this traditional attempt to provide a solution to the problem of theodicy, particularly the problem of the radical evil of the Holocaust.41 Halivni's notion of tsimtsum grapples with one of these problems, namely the reason that God displays greater self-restrain during the Holocaust in comparison with previous episodes of divine intervention. But Halivni's version of the free will argument generates other diiculties. Most importantly, Halivni does not explain the reason for God needing this mechanism to enhance human freedom. Does this not imply a certain imperfection within God? More generally, one can argue that tsimtsum is part of a mythical cosmogony and does not it well within the framework of a philosophic solution. It is perhaps for this reason that Halivni avers that he is ofering tsimtsum merely as a metaphor. His presentation of it, however, resembles more closely an attempt to solve a theological quandary. hird, note should be made of the positivistic orientation of Halivni's approach. Halivni's scholarship as justiied by the accompanying theology is an attempt to recover the urtext of the statements of the Tannaim and Amoraim which are extensions of God's word. his positivistic approach to historical investigation runs counter to current conceptions of the limitations of historical understanding. Obviously it is Halivni's prerogative to reject this historiographic approach. But addressing and justifying his assumptions regarding the objectivity of historical knowledge is in order. I would add, however, that Halivni's scholarly and theological approach also possesses subjectivistic and existentialistic elements (particularly his understanding of Talmudic criticism as an act of faith) which is more congenial to contemporary conceptions of the epistemological constrains of historical knowledge and the emphasis on the narrative dimensions of historical writing. Fourth, Halivni's theological and scholarly project addresses the challenge of Biblical criticism to a theistic understanding of revelation by grappling with the possible existence of "maculations" in the Masoretic text. Halivni is willing to concede to the theories posited by advocates of lower criticism that the Hebrew Bible contains corruptions. However, the challenge of Biblical criticism goes beyond positing corruptions in the Biblical text. It views the Bible as composed of multiple strands, each espousing diferent theological outlooks, historical accounts and ritualistic orientation. his understanding of the genesis of the books of 41 See the penetrating discussion of Steven Katz in Wrestling With God, eds. Steven Katz, Shlomo Biderman and Gershon Greenberg, Oxford: Oxford University Press, 2007, pp. 603-608. 79 Reconceiving Talmud Torah the Hebrew Bible obviously denies the existence of an original, divinely revealed text. In reckoning with this aspect of critical methodology, Halivni's approach has little to ofer.42 VII. Implications for Jewish Education In attempting to explore the educational implications of David Weiss Halivni's theology, I will not examine the manner that Halivni's understanding of the religious value of historical critical study can be translated into a concrete educational setting. hat is, without dismissing the value of such an exercise, I will not examine the features of an educational framework devoted to implementing Halivni's conception of Talmud study: what suggyot would a teacher following the approach of Halivni teach? How would it train its teachers? What is the pedagogical method that such a teacher should employ? Instead I will locate the educational implications of David Weiss Halivni's theology in the realm of educational vision. It has been argued that the articulation of a vision that accompanies new educational goals, practices and methods in modern Jewish education is crucial for their acceptance and vitality.43 his vision provides a rationale and justiication for a particular educational approach, supplying it with coherence, a guiding purpose, and "a directive guide to the future."44 I would add that a vision in Jewish education is most eicacious when it is formulated in the language of a philosophy of Judaism and grounds Jewish educational practices in a particular conception of Judaism. In such a case, educators and students will be inspired and energized by the educational vision that links Jewish education to ideals and ideas to which they are committed. Indeed, modern Jewish educational innovations are often justiied and grounded in a particular philosophical or theological conception of Judaism. Martin Buber's dialogical philosophy of Judaism provided a foundation for a dialogical approach to the study of Jewish texts—a pedagogical method that was implemented in Franz Rosenzweig's Freis 42 I would like to thank one of the anonymous referees who encouraged me to pursue this last line of criticism. 43 On the importance of educational visions see Visions of Jewish Education, eds. Seymour Fox, Israel Scheler and Daniel Marom, Cambridge: Cambridge University Press, 2003. 44 Ibid, p. 8. 80 Dr. Ari Ackerman Judisches Lerhaus in which Buber was an important igure. 45 In his philosophic work, Halakhic Man, Rabbi J. D. Soloveitchik's argument that creativity is a central Jewish ideal provided a defense for the conceptual approach to Talmud developed in the nineteenth-century Lithuanian yeshivah.46 And David Hartman provided an educational vision for an alternative bet midrash in his conception of Judaism as a text-centered interpretative community.47 However, one important modern Jewish educational innovation lacks suicient philosophic and theological grounding: the criticalhistorical study of Talmud in general and the redactional approach which attempts to isolate the various strata of the Talmud by identifying the role of the anonymous Talmud editors (stam). As Michael Chernick has noted, "among the most signiicant developments in twentieth-century academic scholarship has been the recognition of the anonymous strata of the Talmud that creates the characteristic Talmudic argument out of individual units of tannaitic and amoraic traditions."48 his new approach to Talmud study was championed by scholars such as Abraham Weiss, Shamma Freidman, and Halivni.49 It was implemented in various educational settings, particularly in rabbinical education of the Conservative movement.50 However, the scholars involved in this exegetical-educational practice failed to provide an educational vision that would ground it in a particular understanding of Judaism and 45 Judah Levine, "Talmud Torah in Modern Jewish hought: Martin Buber and the Renewal of Text-Centered Judaism," Ph.D. Dissertation, University of Chicago, 2010. 46 Soloveitchik, Halakhic Man, Philadelphia: Jewish Publication Society, 1984. 47 Hartman, A Heart of Many Rooms, Woodstock, Vermont: Jewish Lights Publishing, 1999, pp. 93-114; Ari Ackerman, "'Creating a Shared Spiritual Language': David Hartman's Philosophy of Jewish Education" in Modes of Educational Translation, eds. Jonathan Cohen and Eli Holzer, Jerusalem: Magnes Press, 2008, pp. 51-74. 48 Michael Chernick, Neusner, Brisk and the Stam: Signiicant Methodologies for Meaningful Talmudic Teaching and Study (he Initiative on Bridging Scholarship and Pedagogy in Jewish Studies: Working Paper 19), Waltham, MA: Mandel Center for Jewish Education of Brandeis University, 2010, pp. 3-4. 49 On the origins of this strand of Talmudic criticism see the important comments of Shamma Friedman ("A Critical Study of Yevamot X with a Methodological Introduction" in Text and Studies, Analecta Judaica I, ed. Haim Dimitrovsky, New York: he Jewish heological Seminary, 1977, pp. 287-288. 50 David Ellenson, "A Seminary of Sacred Learning: he JTS Rabbinical Curriculum in Historical Perspective," in Tradition Renewed, volume 2, ed. Jack Wertheimer, New York: he Jewish heological Seminary, 1997, pp. 527-591. 81 Reconceiving Talmud Torah defend its value and utility. Until 1983, as a professor in the Talmud department of the Jewish heological Seminary, Halivni also focused almost exclusively on Talmudic commentary. With his move to the religion department of Columbia University, his writings began to touch upon theological questions as well. hese theological works which articulate his conception of talmud Torah adumbrate an educational vision for those interested in integrating higher Talmudic criticism in the Jewish educational curriculum. It is particularly important for those whose interest in Talmudic criticism is religiously motivated, students who are navigating between the conlicting demands of the yeshivah and the academy.51 Halivni's educational vision can resonate especially for those who accept the methods of the academic study of the Talmud, but are perplexed by its secularizing tendency which gloriies human autonomy and views these texts as merely human constructs. Halivni teaches these students that the goals of Jewish education must begin with the centrality of the study of canonical texts, particularly the study of the Talmud. he probing of the Talmudic text is one of the most signiicant religious activities. As Halivni explains, in a postrevelatory age, only studying the Bible and Talmud allows the access to God's will and word. Jewish education must therefore immerse students in the Jewish interpretive tradition and inculcate among them the value of talmud Torah. According to his understanding of talmud Torah, students must seek out textual truth. hat is, they must realize that the purpose of their study of the Bible and Talmud is to arrive at their original meaning and not to creatively engage the texts and supply hidushim which lack historical plausibility. Students must be equipped, then, with philological and historical tools which allow them to understand the canonical texts and their development properly and accurately. However, they must purify historical analysis of its secularizing tendencies and reframe it as a revelatory act and a faithful search for God. hey must understand that the source before them is damaged and meticulous historical analysis is required to overcome the obstacle of improper historical transmission. As a result, students will come to realize the cardinal importance of this approach to Talmud study and will be willing to take part therein. 51 On these attempts see Assaf Yedidya, Criticism of the Criticism: Orthodox Alternatives to 'Wissenschaft des Judentam'1873-1956, Jerusalem: Bialik Institute, 2013 [Hebrew]; Modern Scholarship in the Study of the Torah, ed. Shalom Carmy, Lanham, MD: Rowman and Littleield Publishers, 1996. 82