Tag Archives: Mishpatim (parasha)

Things You Didn’t Know About the Talmud

Judaism is famously built upon an “oral tradition”, or Oral Torah, that goes along with the Written Torah. The primary body of the Oral Torah is the Talmud. At the end of this week’s parasha, Mishpatim, the Torah states:

And Hashem said to Moses: “Ascend to Me on the mountain and be there, and I will give you the Tablets of Stone, and the Torah, and the mitzvah that I have written, that you may teach them…

The Talmud (Berakhot 5a) comments on this that the “Tablets” refers to the Ten Commandments, the “Torah” refers to the Five Books of Moses, the “mitzvah” is the Mishnah, “that I have written” are the books of the Prophets and Holy Writings, and “that you may teach them” is the Talmud. The Mishnah is the major corpus of ancient Jewish oral law, and the Talmud, or Gemara, is essentially a commentary on the Mishnah, with a deeper exposition and derivation of its laws. Today, the Mishnah is printed together with the corresponding Gemara, along with multiple super-commentaries laid out all around the page, and this whole is typically referred to as “Talmud”.

Anatomy of a page of Talmud: (A) Mishnah, (B) Gemara, (C) Commentary of Rashi, Rabbi Shlomo Itzchaki, 1040-1105, (D) Tosfot, a series of commentators following Rashi, (E) various additional commentaries around the edge of the page.

Last week, we wrote how many have rejected the Talmud, starting with the ancient Sadducees, later the Karaites (whom some consider to be the spiritual descendants of the Sadducees), as well as the Samaritans, and many modern-day Jews whether secular or Reform. Such groups claim that either there was never such a thing as an “oral tradition” or “oral law”, or that the tradition is entirely man-made with no divine basis. Meanwhile, even in the Orthodox Jewish world there are those who are not quite sure what the Talmud truly is, and how its teachings should be regarded. It is therefore essential to explore the origins, development, importance, and necessity of the Talmud.

An Oral Torah

There are many ways to prove that there must be an oral tradition or Oral Torah. From the very beginning, we read in the Written Torah how God forged a covenant with Abraham, which passed down to Isaac, then Jacob, and so on. There is no mention of the patriarchs having any written text. These were oral teachings being passed down from one generation to the next.

Later, the Written Torah was given through the hand of Moses, yet many of its precepts are unclear. Numerous others do not seem to be relevant for all generations, and others still appear quite distasteful if taken literally. We have already written in the past that God did not intend for us to simply observe Torah law blindly and unquestioningly. Rather, we are meant to toil in its words and extract its true meanings, evolve with it, and bring the Torah itself to life. The Torah is not a reference manual that sits on a shelf. It is likened to a living, breathing entity; a “tree of life for those who grasp it” (Proverbs 3:18).

Indeed, this is what Joshua commanded the nation: “This Torah shall not leave your mouth, and you shall meditate upon it day and night, so that you may observe to do like all that is written within it” (Joshua 1:8). Joshua did not say that we must literally observe all that is written in it (et kol hakatuv bo), but rather k’khol hakatuv bo, “like all that is written”, or similar to what is written there. We are not meant to simply memorize its laws and live by them, but rather to continuously discuss and debate the Torah, and meditate upon it day and night to derive fresh lessons from it.

Similarly, Exodus 34:27 states that “God said to Moses: ‘Write for yourself these words, for according to these words I have made a covenant with you and with Israel.’” Firstly, God told Moses to write the Torah for yourself, and would later remind that lo b’shamayim hi, the Torah “is not in Heaven” (Deuteronomy 30:12). It was given to us, for us to dwell upon and develop. Secondly, while the words above are translated as “according to these words”, the Hebrew is al pi hadevarim, literally “on the mouth”, which the Talmud says is a clear allusion to the Torah sh’be’al peh, the Oral Torah, literally “the Torah that is on the mouth”.

The Mishnah

2000-year old tefillin discovered in Qumran

It is evident that by the start of the Common Era, Jews living in the Holy Land observed a wide array of customs and laws which were not explicitly mentioned in the Torah, or at least not explained in the Torah. For example, tefillin was quite common, and they have been found in the Qumran caves alongside the Dead Sea Scrolls (produced by a fringe Jewish group, likely the Essenes) and are even mentioned in the “New Testament”. Yet, while the Torah mentions binding something upon one’s arm and between one’s eyes four times, it does not say what these things are or what they look like. Naturally, the Sadducees (like the Karaites) did not wear tefillin, and understood the verses metaphorically. At the same time, though, the Sadducees (and the Karaites and Samaritans) did have mezuzot. Paradoxically, they took one verse in the passage literally (Deuteronomy 6:9), but the adjoining verse in the same passage (Deuteronomy 6:8) metaphorically!

This is just one example of many. The reality is that an oral tradition outside of the Written Law is absolutely vital to Judaism. Indeed, most of those anti-oral law groups still do have oral traditions and customs of their own, just not to the same extent and authority of the Talmud.

Regardless, after the massive devastation wrought by the Romans upon Israel during the 1st and 2nd centuries CE, many rabbis felt that the Oral Torah must be written down or else it might be lost. After the Bar Kochva Revolt (132-136 CE), the Talmud suggests there were less than a dozen genuine rabbis left in Israel. Judaism had to be rebuilt from the ashes. Shortly after, as soon as an opportunity presented itself, Rabbi Yehuda haNasi (who was very wealthy and well-connected) was able to put the Oral Torah into writing, likely with the assistance of fellow rabbis. The result is what is known as the Mishnah, and it was completed by about 200 CE.

The Mishnah is organized into six orders, which are further divided up into tractates. Zera’im (“Seeds”) is the first order, with 11 tractates mainly concerned with agricultural laws; followed by Mo’ed (holidays) with 12 tractates discussing Shabbat and festivals; Nashim (“Women”) with 7 tractates focusing on marriage; Nezikin (“Damages”) with 10 tractates of judicial and tort laws; Kodashim (holy things) with 11 tractates on ritual laws and offerings; and Tehorot (purities) with 12 tractates on cleanliness and ritual purity.

The root of the word “Mishnah” means to repeat, as it had been learned by recitation and repetition to commit the law to memory. Some have pointed out that Rabbi Yehuda haNasi may have used earlier Mishnahs compiled by Rabbi Akiva and one of his five remaining students, Rabbi Meir, who lived in the most difficult times of Roman persecution. Considering the circumstances of its composition, the Mishnah was written in short, terse language, with little to no explanation. It essentially presents only a set of laws, usually with multiple opinions on how each law should be fulfilled. To explain how the laws were derived from the Written Torah, and which opinions should be given precedence, another layer of text was necessary.

The Gemara

Rav Ashi teaching at the Sura Academy – a depiction from the Diaspora Museum in Tel Aviv

Gemara, from the Aramaic gamar, “to study” (like the Hebrew talmud), is that text which makes sense of the Mishnah. It was composed over the next three centuries, in two locations. Rabbis in the Holy Land produced the Talmud Yerushalmi, also known as the Jerusalem or Palestinian Talmud, while the Sages residing in Persia (centred in the former Babylonian territories) produced the Talmud Bavli, or the Babylonian Talmud. The Yerushalmi was unable to be completed as the persecutions in Israel reached their peak and the scholars could no longer continue their work. The Bavli was completed around 500, and its final composition is attributed to Ravina (Rav Avina bar Rav Huna), who concluded the process started by Rav Ashi (c. 352-427 CE) two generations earlier.

While incomplete, the Yerushalmi also has much more information on the agricultural laws, which were pertinent to those still living in Israel. In Persia, and for the majority of Jews living in the Diaspora, those agricultural laws were no longer relevant, so the Bavli does not have Gemaras on these Mishnaic tractates. Because the Yerushalmi was incomplete, and because it also discussed laws no longer necessary for most Jews, and because the Yerushalmi community was disbanded, it was ultimately the Talmud Bavli that became the dominant Gemara for the Jewish world. To this day, the Yerushalmi is generally only studied by those who already have a wide grasp of the Bavli.

The Talmud is far more than just an exposition on the Mishnah. It has both halachic (legal) and aggadic (literary or allegorical) aspects; contains discussions on ethics, history, mythology, prophecy, and mysticism; and speaks of other nations and religions, science, philosophy, economics, and just about everything else. It is a massive repository of wisdom, with a total of 2,711 double-sided pages (which is why the tractates are cited with a page number and side, for example Berakhot 2a or Shabbat 32b). This typically translates to about 6,200 normal pages in standard print format.

Placing the Talmud

With so much information, it is easy to see why the Talmud went on to take such priority in Judaism. The Written Torah (the Tanakh as a whole) is quite short in comparison, and can be learned more quickly. It is important to remember that the Talmud did not replace the Tanakh, as many wrongly claim. The following graphic beautifully illustrates all of the Talmud’s citations to the Tanakh, and how the two are inseparable:

(Credit: Sefaria.org) It is said of the Vilna Gaon (Rabbi Eliyahu Kramer, 1720-1797) that past a certain age he only studied Tanakh, as he knew how to derive all of Judaism, including all of the Talmud, from it.

Indeed, it is difficult to properly grasp the entire Tanakh (which has its own host of apparent contradictions and perplexing passages) without the commentary of the Talmud. Once again, it is the Talmud that brings the Tanakh to life.

Misunderstanding this, Jews have been accused in the past of abandoning Scripture in favour of the Talmud. This was a popular accusation among Christians in Europe. It is not without a grain of truth, for Ashkenazi Jews did tend to focus on Talmudic studies and less on other aspects of Judaism, Tanakh included. Meanwhile, the Sephardic Jewish world was known to be a bit better-rounded, incorporating more scriptural, halachic, and philosophical study. Sephardic communities also tended to be more interested in mysticism, producing the bulk of early Kabbalistic literature. Ashkenazi communities eventually followed suit.

Ironically, so did many Christian groups, which eagerly embraced Jewish mysticism. Christian Knorr von Rosenroth (1636-1689) translated portions of the Zohar and Arizal into Latin, publishing the best-selling Kabbalah Denudata. Long before him, the Renaissance philosopher Pico della Mirandola (1463-1494), one of Michelangelo’s teachers, styled himself a “Christian Kabbalist”, as did the renowned scholar Johann Reuchlin (1455-1522). Meanwhile, Isaac Newton’s copy of the Zohar can be still found at Cambridge University. It is all the more ironic because Kabbalah itself is based on Talmudic principles, as derived from the Tanakh. For example, the central Kabbalistic concept of the Ten Sefirot is first mentioned in the Talmudic tractate of Chagigah (see page 12a), which also outlines the structure of the Heavenly realms. The Talmud is first to speak of the mystical study of Ma’aseh Beresheet (“Mysteries of Creation”) and Ma’aseh Merkavah (“Mysteries of the Divine Chariot”), of Sefer Yetzirah, of spiritual ascent, of how angels operate, and the mechanics of souls.

Having said all that, the Talmud is far from easy to navigate. While it contains vast riches of profound wisdom and divine information, it also has much that appears superfluous and sometimes outright boring. In fact, the Talmud (Sanhedrin 24a) itself admits that it is not called Talmud Bavli because it was composed in Babylon (since it really wasn’t) but because it is so mebulbal, “confused”, the root of Bavli, or Babel.

Of course, the Written Torah, too, at times appears superfluous, boring, or confused. The Midrash (another component of the Oral Torah) explains why: had the Torah been given in the correct order, with clear language, then anyone who read it would be “able to raise the dead and work miracles” (see Midrash Tehillim 3). The Torah—both Written and Oral—is put together in such a way that mastering it requires a lifetime of study, contemplation, and meditation. One must, as the sage Ben Bag Bag said (Avot 5:21), “turn it and turn it, for everything is in it; see through it, grow old with it, do not budge from it, for there is nothing better than it.”

Defending the Talmud

There is one more accusation commonly directed at the Talmud. This is that the Talmud contains racist or xenophobic language, or perhaps immoral directives, or that it has many flaws and inaccuracies, or that it contains demonology and sorcery. Putting aside deliberate mistranslations and lies (which the internet is full), the truth is that, taken out of context, certain rare passages in the vastness of the Talmud may be read that way. Again, the same is true for the Written Torah itself, where Scripture also speaks of demons and sorcery, has occasional xenophobic overtones, apparent contradictions, or directives that we today recognize as immoral.

First of all, it is important that things are kept in their historical and textual context. Secondly, it is just as important to remember that the Talmud is not the code of Jewish law. (That would be the Shulchan Arukh, and others.) The Talmud presents many opinions, including non-Jewish sayings of various Roman figures, Greek philosophers, and Persian magi. Just because there is a certain strange statement in the Talmud does not mean that its origin is Jewish, and certainly does not mean that Jews necessarily subscribe to it. Even on matters of Jewish law and custom, multiple opinions are presented, most of which are ultimately rejected. The Talmud’s debates are like a transcript of a search for truth. False ideas will be encountered along the way. The Talmud presents them to us so that we can be aware of them, and learn from them.

And yes, there are certain things in the Talmud—which are not based on the Torah itself—that may have become outdated and disproven. This is particularly the case with the Talmud’s scientific and medical knowledge. While much of this has incredibly stood the test of time and has been confirmed correct by modern science, there are others which we know today are inaccurate. This isn’t a new revelation. Long ago, Rav Sherira Gaon (c. 906-1006) stated that the Talmudic sages were not doctors, nor were they deriving medical remedies from the Torah. They were simply giving advice that was current at the time. The Rambam held the same (including Talmudic astronomy and mathematics under this category, see Moreh Nevuchim III, 14), as well as the Magen Avraham (Rabbi Avraham Gombiner, c. 1635-1682, on Orach Chaim 173:1) and Rav Shimshon Raphael Hirsch. One of the major medieval commentaries on the Talmud, Tosfot, admits that nature changes over time, which is why the Talmud’s science and medicine may not be accurate anymore. Nonetheless, there are those who maintain that we simply do not understand the Talmud properly—and this is probably true as well.

Whatever the case, the Talmud is an inseparable part of the Torah, and an integral aspect of Judaism. Possibly the greatest proof of its significance and divine nature is that it has kept the Jewish people alive and flourishing throughout the difficult centuries, while those who rejected the Oral Torah have mostly faded away. The Talmud remains among the most enigmatic texts of all time, and perhaps it is this mystique that brings some people to fear it. Thankfully, knowledge of the Talmud is growing around the world, and more people than ever before are taking an interest in, and benefitting from, its ancient wisdom.

A bestselling Korean book about the Talmud. Fascination with the Talmud is particularly strong in the Far East. A Japanese book subtitled “Secrets of the Talmud Scriptures” (written by Rabbi Marvin Tokayer in 1971) sold over half a million copies in that country, and was soon exported to China and South Korea. More recently, a Korean reverend founded the “Shema Education Institute” and published a six-volume set of “Korean Talmud”, with plans to translate it into Chinese and Hindi. A simplified “Talmud” digest book became a bestseller, leading Korea’s ambassador to Israel to declare in 2011 that every Korean home has one. With the Winter Olympics coming up in Korea, it is appropriate to mention that Korean star speed skater Lee Kyou-Hyuk said several years ago: “I read the Talmud every time I am going through a hard time. It helps to calm my mind.”

 

Everything You Wanted to Know About Reincarnation in Judaism

This week’s Torah portion is Mishpatim, which is concerned with the first major set of laws that the Israelites received following the Ten Commandments. While the term mishpatim literally means “ordinances” or “judgements”, the Zohar (II, 94a) suggests a very different interpretation:

“And these are the judgements which you shall set before them…” These are the rules concerning reincarnation, the judgement of souls that are sentenced according to their acts.

The Zohar goes on to interpret the laws in the Torah with regards to the mechanisms of reincarnation. For example, whereas the Torah begins by describing a Hebrew servant who is indentured for six years of labour and must then be freed in the seventh year, the Zohar interprets that this is really speaking of souls which must reincarnate in order to repair the six middot before they could be freed. (The middot are the primary character traits: chessed, kindness; gevurah, restraint; tiferet, balance and truth; netzach, persistence and faith; hod, gratitude and humility; and yesod, sexual purity.)

While the Zohar speaks at length about reincarnation, it is the Arizal who systematically laid down the rules of reincarnation and explained the Zohar in depth. His primary disciple, Rabbi Chaim Vital, recorded these teachings in a famous treatise known as Sha’ar HaGilgulim, “Gate of Reincarnation”. The following is a brief condensation of the basic rules of reincarnation that are defined in this tremendous text, answering many of the common questions people have about spiritual transmigration.

Why Do People Reincarnate?

At the start of the eighth chapter, Rabbi Vital writes:

למה מתגלגלים. דע, כי הנשמות יתגלגלו לכמה סבות, הראשונה הוא, לפי שעבר על איזו עבירה מעבירות שבתורה, ובא לתקן. הב’ הוא, לתקן איזו מצוה שחסר ממנו. השלישית היא, שבא לצורך אחרים, להדריכם ולתקנם… לפעמים יתגלגל, ליקח את בת זוגו, כי לא זכה בראשונה לקחתה

Why do people reincarnate? Know that souls reincarnate for several reasons: The first is that one transgressed one of the prohibitions in the Torah, and returns to repair it. The second is to fulfil a mitzvah that one lacks. The third is in order to assist others, to guide them, and rectify them… Sometimes one reincarnates to marry their soulmate, which they did not merit to do in a previous life.

The Ari explains that people mainly reincarnate in order to atone for sins of past lives, or to fulfil mitzvahs that they didn’t do previously. Later, in Chapter 16, we read that people who return do not have to fulfil all the mitzvahs in one lifetime, but only have to accomplish those that their souls are still lacking. Some reincarnate not for their own rectification, but to assist others. We are told elsewhere that these are usually very righteous individuals who agree to return to this world in order to help others.

Fresco of the Resurrection of the Dead from the ancient Dura-Europos Synagogue

Some also reincarnate because they either did not marry, or married the wrong person. They must return to reunite with their true soulmate. The Arizal teaches that, unfortunately, some people are so deeply mired in kelipot, negative spiritual “husks”, that they are unable to find their soulmate in this world. These people will reunite with their other half only in Olam HaBa, the “next world” at the time of the Resurrection. With regards to finding soulmates, this is directed particularly at male souls, for it is primarily a man’s responsibility to find his soulmate.

On that note, the following chapter tells us that female souls actually reincarnate very rarely. To begin with, female souls are more refined than male ones, and are unlikely to require more rectifications. What does happen more commonly is that male souls are reincarnated into female bodies! This opens up a number of fascinating scenarios which Rabbi Chaim Vital describes.

What Do People Reincarnate Into?

In Chapter 22, we read that people can reincarnate not only into human bodies, but also animals, vegetation, and even inanimate matter. For example, a person who feeds others non-kosher food reincarnates as a tree; one who sheds blood reincarnates into water; those who transgress various sexual prohibitions reincarnate into bats, rabbits, and other animals; while proud people and those who talk too much reincarnate into bees. (We are told that this is what happened to the judge Deborah who, despite her greatness and wisdom, had a bit of pride and was required to reincarnate into a bee, hence her name devorah, which literally means “bee”!)

It is important to mention, though, that an entire human soul does not fully reincarnate into another organism. Rather, souls are complex entities made up of many different interacting sparks. It is only those sparks that require rectification that return to this world (Chapter 14). Interestingly, the Arizal teaches that when two people really dislike each other, and are constantly in conflict with one another, this is often because the two are sharing sparks from one soul!

How Many Times May One Reincarnate?

Sha’ar HaGilgulim records that a person can reincarnate thousands of times—but only on the condition that they improve at least a little bit in each incarnation. If they fail to improve, they can only reincarnate a maximum of three times. After three strikes, that particular spark is sent to Gehinnom (loosely translated as “hell”) where it will be purified. However, the souls of those who regularly learn Torah are never sent to Gehinnom, and always merit reincarnation. This is one of the incredible protective powers of regular Torah study.

In multiple places, the Arizal teaches about the reincarnations of Abel, the son of Adam. Abel (הבל) had a good side and a bad one. The good side was represented by the letter Hei (ה) of his name, and the bad by the Beit and Lamed (בל). The bad part needed to be rectified, so it reincarnated in Laban (לבן), the wicked father-in-law of Jacob. Laban didn’t do much better, so he was reincarnated in the gentile prophet Bilaam (בלעם). He, too, was an ungodly person, so the Beit-Lamed soul was reincarnated for the third time in Naval (נבל), the ungrateful man who rejected David. Naval was strike three, and that Beit-Lamed soul no longer returned in a reincarnation.

We see from the above how a person’s name may offer tremendous hints as to their soul sparks, previous lives, tests, challenges, and character traits. When we read about the above individuals in the Tanakh, we see how similar they were. All three were very wealthy, famous, and participated in divination and sorcery. All were cunning, greedy, and deceitful individuals. The Arizal explains in detail what rectifications each was supposed to do, and how one life affected the next, weaving together these three seemingly unrelated Biblical narratives that span nearly a thousand years into one beautiful tapestry.

Which Body Will A Person Have at the End?

Perhaps the most famous question: if a soul has so many different bodies over so many different lifetimes, which body will that soul inhabit in the afterlife, or in the world of Resurrection? Rabbi Vital writes:

וכן הענין בכל נשמה ונשמה, וכאשר יהיה זמן התחיה, כל גוף וגוף יקח חלקו של נשמתו, כפי חלק הזמן שלו באיזו מדרגה היתה

And with each and every soul, when the time of the Resurrection comes, each and every body will take its corresponding soul, according to the part that it had at that particular time.

Thus, each part of the soul will have its own body, and all reincarnations will exist simultaneously as individuals in Olam HaBa!

Breaking Free from Materialism

In Chapter 23, Rabbi Vital suggests that the most important thing to take from all of this is to live a meaningful, spiritual life. When a person is mired in materialism, and cares only for their physical aspects, they become so attached to their bodies that they cannot exist without one. And so, when that person’s body dies their soul is in complete disarray; frightened, pained, and unable to ascend onwards. Angels must come and quickly place the soul in a new body. As such, this person can never free themselves from endless reincarnations into this imperfect, difficult world.

However, those who in their lifetimes tap into their souls, and are comfortable with their spiritual side, are able to simply take off their dead bodies like an old garment, and move on. For such people, their wonderful portion in Olam HaBa is not too far away.

Hammurabi, Abraham, and an Eye for an Eye

This week’s Torah reading is Mishpatim, literally “ordinances”, which is primarily composed of legal matters, as its name suggests. One of the most famous Torah phrases is found in this parasha: “you shall give a life for a life, an eye for an eye, a tooth for a tooth…” (Exodus 21:23-24). In legal terms, this is known by the Latin lex talionis, the law of retaliation.

Most people are well aware of the fact that in Judaism, this verse was never taken literally. It does not mean that if one person poked out the eye of another, then his eye gets poked out in turn. A simple example: what if the person doing the poking out is blind? Then poking out his eye in retaliation wouldn’t accomplish anything! And so, Jewish law is unequivocal on the fact that the Torah verse simply means that the punishment should fit the crime. In most cases, the punishment comes in the form of appropriate monetary compensation. The compensation should include medical expenses, lost wages, and the costs for the damages, both physical and emotional.

The Vilna Gaon had a beautiful way of proving that the Torah never meant retaliation, but financial remuneration instead. In Hebrew, the verse literally says “an eye under an eye” (ayin tachat ayin). The word for eye is עין, where the first letter is “under” (ie. alphabetically before) the letter פ, the second letter is under the letter כ, and the final letter is under ס. The letters above spell כסף, literally “money”. Thus, when the Torah says an eye under an eye, it secretly hints to monetary compensation.

In Roman law, as well, lex talionis referred to financial compensation, and not direct retaliation. However, a more ancient legal system – one that predates both Roman law, and even Jewish law – did indeed use this principle literally. In fact, this legal system phrases the law in a very similar way.

The Code of Hammurabi

In 1901, archaeologist Gustave Jéquier made a monumental discovery while excavating around the ancient Persian city of Susa. A massive stone stele with 44 columns of text written in the ancient Akkadian language. By the following year, the stele had been translated. It was a legal code, composed of 282 laws, dating back almost four thousand years to the reign of the Babylonian king Hammurabi (c. 1810-1750 BCE). The code begins with a brief legendary history of Babylon:

Stele of Hammurabi's Code, currently housed at the Louvre in Paris

Stele of Hammurabi’s Code, currently housed at the Louvre in Paris. The top of the stele depicts Hammurabi receiving the laws from his patron god, Marduk.

When Anu the Sublime, King of the Anunnaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, god of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak…

The text (which can be read in full here) then lists the laws of Hammurabi’s kingdom. It is amazing to see how many laws parallel those of this week’s parasha, among them laws of slavery, theft, and damages. Some are even expressed in similar phrases. Law #196: “If a man put out the eye of another man, his eye shall be put out.”

Who is Hammurabi?

Hammurabi’s code is perhaps the earliest known legal system. In fact, it is one of the oldest pieces of text ever discovered. Incredibly, archaeologists have also uncovered a multitude of tablets and writings from his reign, including as many as 55 of his own letters. And Hammurabi’s greatness goes far beyond these writings.

Mesopotamia at the time of Hammurabi

Mesopotamia at the time of Hammurabi

Though initially his reign was peaceful, Hammurabi was soon mired in various wars by the aggression of neighbouring city-states. Hammurabi came out on top, and by the end of his reign had unified all the city-states of Mesopotamia under the Babylonian banner. He transformed Babylon into a metropolis and temple-laden holy city, putting it on the map for eternity. Thousands of years later, Jews still refer to the Talmud as the Bavli, the Babylonian (due to its composition in formerly-Babylonian lands, and to distinguish it from the lesser-known Yerushalmi Talmud).

Of course, Babylon also made its way into the Torah. Before there is mention of any of our patriarchs, there is mention of the city of Babylon, with its Tower soaring to the Heavens, and drawing God’s wrath. And it appears that Hammurabi himself made it into the Holy Book.

While “Hammurabi” is an Anglicized name, the king’s name was actually pronounced Ammurapi, or Ammuraphi. In Genesis 14 we read: “And it came to pass in the days of Amraphel, king of Shinar…” Shinar is the Biblical name for Mesopotamia (likely stemming from shnei naar, the land between the two rivers, which is the same as the Greek Mesopotamia). Meanwhile, Rashi comments that Amraphel was none other than Nimrod, the great king of Babylon.

The tradition surrounding Nimrod is rich and varied. The Torah says he was a “great hunter before God” (Genesis 10:8) which some interpret to mean that he was a righteous, God-fearing man (Hammurabi’s stele also describes him as God-fearing). Others point out that his name Nimrod means “to rebel”, so he must have been the rebel who built the Tower of Babel in an attempt to conquer the Heavens.

Whatever the case, after the Great Dispersion and the confounding of languages that followed the Tower, Nimrod became Amraphel. His exit from the Torah comes at the hands of Abraham, who miraculously defeated him in the War of the Kings.

Though there is no way to say for sure that Hammurabi is Amraphel, or if he ever encountered Abraham, what we do know is that their lifespans certainly overlapped. The traditional Jewish dating for Abraham’s birth corresponds to the year 1812 BCE, while historical records suggest that Hammurabi was born around 1810 BCE.

Unfortunately, looking back so far into history is often futile, and presents a murky image at best. Perhaps future archaeological discoveries will clear up the past. Alas, for the time being we are left only to wonder about what could have been…