It is certain that very early—no doubt in the far-back days of Moses—there must have existed, as we have already suggested, a number of explanatory laws which set forth in detail many of the laws and regulations broadly laid down in the original written code of the great lawgiver. Questions must have been asked again and again—To what cases in actual life the brief written precept applied, what consequences it in general entailed, and what was to be done that the commandments might be fairly, even rigidly observed. In a number of cases the original written Law gave no direct answer.
To supply this need a body of Halachah (the word Halachah, as we have stated, signifies rule, practice, custom) gathered round the written Law (the Torah). Some of these Halachah, tradition said, were given by Moses himself; others were said to have been devised by that primitive council of the desert wanderings, the elders, and by their successors, the later “judges within the gates,” referred to in the Pentateuch. As time went on the Halachah or authoritative oral Law of explanation no doubt formed an important branch of the studies pursued in those schools of the prophets founded by Samuel in the early days of the monarchy—schools of which we know so little, but which throughout the pre-exilic days evidently played a part in the life of the kingdoms of Israel and Judah.
On the return from the Captivity, some five centuries before the Christian era, the remnant of the nation who returned to their desolated land came back a changed people—“a band of Puritans” we have, with scarcely any exaggeration, termed them; while the Divine Law which once many, perhaps the majority, of the people neglected, the very existence of which they had ignored, almost forgotten, became the object of their passionate love.
During the period of exile, of which we know so little but in the course of which the great change to which we have been dimly alluding passed over the people, the memory of the oral Law, much of the ancient Halachah, the traditions, the sacred expositions which make up the Haggadah, were kept alive by teachers, in the first instance by the men who had been trained in the schools of the prophets. Then after the return from exile the study of all these treasured memories—some, as we have already suggested, possibly dating from the days of Moses—which surrounded the now precious Law, received a new development. The Law, the Halachah, the traditions generally known as Haggadah, were no longer the mere heritage of the scholars who composed the somewhat mysterious schools of the prophets we read of in the days of the kings, but were now regarded as the precious treasure of the whole nation.
As the Divine Law rose in public estimation its scientific study and exposition became a great and popular craft. Every individual of the nation was interested in knowing it and obeying it. A numerous and independent class or guild arose which made its investigation and study the chief business of life. These men were known as the Scribes; they became the recognised teachers of the nation. Some of them were men of independent means, but the majority practised some trade or business out of which they lived. They were tent-makers, sandal-makers, weavers, carpenters, tanners, bakers, etc., but the study of the Law was their loved occupation, and some of them attained great proficiency in their work. Such a class of men had never existed in any people before—has never made its appearance since in any nation.[157]
This study of the Law became a veritable science, a science that gradually assumed the very widest dimensions. The name given to it is “Midrash”—interpretation, and it included study, meditation, exposition, investigation, inquiry. The men of the “Return from Exile” who devoted themselves to this work took as the foundation of their labours, first the written Law of Moses, then gradually the records of the Prophets and the other writings subsequently included in the Old Testament canon; and to this material was added the oral Law, or such portion of it which had been preserved, including the sacred traditions which had been handed down from the days of Moses and his successors, and treasured up in the schools of the prophets. In this “Midrash”—for we will keep to the well-known term which generally included all this varied and comprehensive study of the Scribes who lived in the period between the Return from the Exile and the Christian era—two distinct currents can be distinguished. The first of these great currents may be termed Prose, the second Poetry. The first (the prose) is called Halachah (rules, customs); the second (the poetry), Haggadah (tradition and legend, including parable, allegory, lessons).[158]
The Halachah (rules) for a very long period were never written down, but were transmitted from teacher to teacher in an unbroken succession, orally, with many and various additions. The Haggadah (traditions) in many cases were, however, written down, and so transmitted.
Thus from the period of the Return from the Exile a vast bulk of teaching, largely unwritten, traditional, and legendary, all founded on and closely bearing on the Law (Torah), had been collected by the Scribes and their schools stretching over a period of about five centuries. Some thirty years before the Christian era Hillel, the great Rabbinic master of the period, endeavoured to reduce this great mass of teaching, oral and written, rule and tradition, Halachah and Haggadah, to some definite system and order. He did something in this direction, but died before his task was in any real way completed, and for many years nothing further was done in the way of codifying or arrangement.
Then came the great upheaval of A.D. 70, when the Holy City was razed to the ground; when it appeared as though the religion of the Jew was destroyed, now that the Temple round which all the cherished memories of the people were grouped had disappeared. Curiously enough, as it appears to men, the contrary was the case: a wonderful resurrection of religious life was the almost immediate outcome of the fall of the City and Temple.
A group of singularly able and devoted men, as we have already remarked, arose at this critical moment in Jewish history—when all seemed lost. Judaism in the year 70, when the long and bitter war with Rome was finally closed, was stripped of everything. It had lost for ever its position as a nation. Its Temple, the joy of the whole world, as their royal songman pictured it, was a heap of shapeless ruins. Its most sacred treasures were carried away to adorn an Italian triumph. The Holy City was literally razed to the ground. The promised land of their fathers was desolated. Thousands of the people were slain or reduced to slavery. Of the Jews who dwelt as strangers in Egypt, Syria, and Italy—the very name was hated and despised. Only one thing remained to the sad remnant of the Chosen People: the sacred Law of Moses, the Torah—the writings of their old prophets—their treasured Psalms—the undying records of their past glorious history.