Midrash Halakha - Terminology

Terminology

The phrase "Midrash halakha" was employed by Nachman Krochmal (in his "Moreh Nebuke ha-Zeman," p. 163), the Talmudic expression being "Midrash Torah" = "investigation of the Torah". These interpretations were often regarded as corresponding to the real meaning of the Scriptural texts; thus it was held that a correct elucidation of the Torah carried with it the proof of the halakha and the reason for its existence.

In the Midrash halakha three divisions may be distinguished:

• The midrash of the older halakha, that is, the midrash of the Soferim and the Tannaim of the first two generations;
• The midrash of the earlier halakha, or the midrash of the Tannaim of the three following generations;
• The midrash of several younger tannaim and of a large number of amoraim who did not interpret a Biblical passage as an actual proof of the halakha, but merely as a suggestion or a support for it ("zekher le-davar"; "asmakhta").

The early halakha sought only to define the compass and scope of individual laws, asking under what circumstances of practical life a given rule was to be applied and what would be its consequences. The earlier Midrash, therefore, aims at an exact definition of the laws contained in the Scriptures by an accurate interpretation of the text and a correct determination of the meaning of the various words. The form of exegesis adopted is frequently one of simple lexicography, and is remarkably brief.

A few examples will serve to illustrate the style of the older Midrash halakha. It translates the word "ra'ah" (Ex. xxi. 8) "displease" (Mek., Mishpatim), which is contrary to the interpretation of Rabbi Eliezer. From the expression "be-miksat" (Ex. xii. 4), which, according to it, can mean only "number," the older halakha deduces the rule that when killing the Passover lamb the slaughterer must be aware of the number of persons who are about to partake of it (Mek., Bo, 3 ).

The statement that the determination of the calendar of feasts depends wholly on the decision of the nasi and his council is derived from Lev. xxiii. 37, the defectively written "otam" (them) being read as "attem" (ye) and the interpretation, "which ye shall proclaim," being regarded as conforming to the original meaning of the phrase (R. H. 25a). When two different forms of the same word in a given passage have been transmitted, one written in the text ("ketib"), and the other being the traditional reading ("qere"), the halakha, not wishing to designate either as wrong, interprets the word in such a way that both forms may be regarded as correct. Thus it explains Lev. xxv. 30-where according to the qere the meaning is "in the walled city," but according to the ketib, "in the city that is not walled"-as referring to a city that once had walls, but no longer has them ('Ar. 32b). In a similar way it explains Lev. xi. 29 (Ḥul. 65a). According to Krochmal (l.c. pp. 151 et seq.), the ketib was due to the Soferim themselves, who desired that the interpretation given by the halakha might be contained in the text; for example, in the case of "otam" and "attem" noted above, they intentionally omitted the ו.