Did Jesus Reject the Oral Law?, 2 — J.P. Garcia

Seat-of-Moses-01A continuation of Tuesday’s post…

Is there evidence in the gospels that Jesus followed the Oral Law. Much has been made of the occasion where Jesus gets into a dispute with some Pharisees regarding the his disciples who were accused of not washing prior to eating a meal. Many scholars have utilized the pericope in Mark 7:1-23, and it parallels (Matt 15:1-20; Luke 11:37-41), as the best indicator that Jesus did not in fact follow the Oral Law and rejected such a concept. Without dealing with the intricacies involved in this triple Synoptic tradition, let us present some Synoptic evidence that tends to outweigh the conclusion that Jesus rejected the Oral Law.

The following is only a portion of the discussion but I think it is a good starting point:

1) Logic indicates that Jesus would have necessarily observed some form of oral law since as the Judaism develops and moves further from Israelite practice (whether or not some of the legal prescriptions were authored during the exile) a contemporary interpretation of how to apply Torah laws would have been necessary. As Albert Baumgarten noted in his article The Pharisaic Paradosis (HThR 80/1 [1987], 65), every Jewish group had its traditions and “no Jewish group could live by scripture alone, plain and simple.”

2) Matthew 23:2-3: “The scribes and the Pharisees sit on Moses’ seat; so practice and observe whatever they tell you, but not what they do; for they preach, but do not practice.” While the contents of this chapter are primarily negative, one must note that Matthean tradition presents Jesus teaching that his follower should practice and observe what they teach. In this small verse, Jesus’ problem seems to be more related to “practice” than “teaching.” It is undoubted that Pharisaic teaching would have included contemporary interpretations on how one should observe the written Torah.

3) Jesus’ view of charity is part of the developing notions in the Second Temple Period regarding the inherent value of every human being (See “A New Sensitivity in Judaism and The Christian Message” HThR 61 [1968]; repr in Judaism and Origins of Christianity). Furthermore some of Jesus’ discussions parallel nicely the legal discourse present in the Mishnah and Tosefta.

For example, take the pericope of Jesus and the Rich Young Ruler (Matt 19:16-22; Mk 10:19-22; Luke 18:18-23; Mishnah Tosefta Peah). For the sake of space I will give you the references and a comparison chart.

“The Rich Young Man”                                                Mishnah/Tosefta Peah

• Murder (T).• Sexual Immorality (T).• Honor father and mother (M).
• Making peace between a man and
his fellow (M).
• (1) Deeds of Loving-kindness (M).
(2) Doing good [related to the
righteous person] (T).
• Do not kill.• Do commit adultery.• Do not steal.

• Bear false witness.

• Honor father and mother.

• Love your neighbor as yourself.

• Give to the Poor.

The most important portions are those that are not part of the Written Law, that is, “giving to the poor”, technically, a “deed of loving-kindness.” This parallels the developments that occur in Second Temple Judaism to the Law and those that that were and stay part of the Oral Law.

*In conclusion, many things within the search for the historical Jesus are matters of probability, and while we cannot say definitively that Jesus followed the Oral Law as we have it in the Mishnah, some important things can be said. The question here does not deal with  to what degree one can determine which laws Jesus observed but whether or not he observed legal interpretations that are not explicitly present in the Pentateuch but are rather legal developments that derive from a necessary contemporaneous application. While more research is necessary, I think we can safely say: No. No, Jesus did not reject the Oral Law and in fact seems to practice some parts of it. Moreover, Jesus’ teachings preserved in the Synoptic Gospels at times parallel the legal discourse attested to in the Mishnah and the Tosefta, that is, the Oral Law.


2 thoughts on “Did Jesus Reject the Oral Law?, 2 — J.P. Garcia

    • Sorry for the response lag. The image is of a Seat of Moses (replica) from Chorazin’s 3rd century CE synagogue. It is where one would teach after having read the Torah from the Bema — which is a small raised stone just in front of the seat. Upon it would have been some type of wooden lectern. The Seat of Moses is of course referenced in Matt 23:1.

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