[Avodah] When did Judaism begin?

[rabbirichwolpoe at gmail.com]

I gave a talk on this on Shavuos night several times over the years
about the origin of TARYAG - so you might say "When did Taryag beging?"

Briefly I see this as a machloqes Rashi and Rambam re: the last Mishnah
in Gid Hanasheh

According to Rashi aiui, Mitzvos accumulated up through Sinai - which
was a "makkeh bepatish" to what was already evolving as Torah

As per Rambam - Sinai was a clean-break from the past, and the pre-Sinai
"proto-Torah" was erased and our Torah was established anew in toto in
one fell swoop.

Of course there is room to quibble here. I feel the Rambam was forced
to take this position because any Torah NOT given via Moshe Rabbeinu was
inherently revisable - EG mitzvos to Avraham and Yaaqov COULD be trumped
by a greater navi - which is unthinkable to the Rambam. [Lo qam k'Moshe]

OTOH Rashi was not so concerned - and you could say that Moshe's
confirmation @ Sinai removed that concern anyway.

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This dovetails with the "split" between Ashkenazic approach to Halachah
and the Andalusian-Sephardic approach

Ashk'naz - Torah is treated like "common law" and is based upon precedent,
etc.
Basrai extends beyond Rav Ashi. L'mashal In USA constitutional law
includes court rulings, NOT just the document.
Minhag Counts
A lot like "oqeir harim"


Rambam holds Torah is legislated
First @ Sinai
Then Bd Hagadol in Y-layim
Then Hasimas Hatalmud
Ras Ashi is final basrai.
Etc.

It's top-down. Authoritarian.
More Sinai like

EG You don't see a lot of "yeish omrims" in Mishnah Torah, because there
is ONE way.

The SA drew from both schools, and that's where I often quibble because
this eclectic method leaves a murky legacy at times about brachos etc.

[I don't know why Rosh went with lich'orah a rigid approach]

The Rema's virtual rebbe on Talmud was AIUI the Mordechai, who also used
the Rif as his core but was not exposed to Spain.

These 2 schools play out even early in Jewish Halachic history, EG BS vs. BH
R Yihsma'el vs. R Aqiva, etc.

And might go back even earlier.

KT
RRW
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