"The entire oral law in the wider sense, namely, the entire material of the Mishnah, the Tosefta, and the halakic midrashim, was preserved only orally, and was not reduced to writing until the beginning of the third century C.E., because there was a prejudice against recording halakot. The origin of this objection is unknown. There has never been any formal interdiction against recording halakot, nor are there any references to any date of such a prohibition or to any person who issued one. Even the two Talmudic passages which allude to the custom of not recording halakot do not mention a formal interdiction. One of these passages, the comment of Judah b. Naḥmani, "What has been said orally thou mayest not say in writing, and vice versa" (Giṭ. 60b and parallel passages), is merely a haggadic explanation of the prevailing custom. If this interpretation had been taken literally, the Prophets would not have been allowed to commit their prophecies to writing (comp. Weiss, "Dor," i. 92 et seq.). The second passage, which is by R. Johanan and reads as follows: "He who records halakot is like him who burns the Torah; and whosoever studies these written collections has no reward" (Tem. 14b), is merely a reproof directed against those who make such compilations for public use. As the Mishnah had been committed to writing by the time of R. Johanan (199-279), there could be no question of a prohibition against recording halakot."
January 1, 1970
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