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Q&A: Basic Questions in the Oral Torah

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Basic Questions in the Oral Torah

Question

I really haven’t found many answers online about this topic, and it seems very basic to me. 
 
Do we know, according to our sages or even according to academic research, why there is Tosefta material that was not included in the Mishnah? 
 
Do we know, according to our sages or even according to academic research, why there are baraitot (that are not from the Tosefta) that were not included in the Mishnah by Rabbi Judah the Prince? 
 
Do we know, according to our sages or even according to academic research, why there are baraitot that were not included in the Tosefta by Rabbi Hiyya? 
 
I understood that there is a statement in tractate Hullin that says: 
"Any teaching not taught in the academy of Rabbi Hiyya and Rabbi Oshaya is mistaken.
 
If that was the view in Rabbi Hiyya’s study hall, how can it be that we see the Talmud treating seriously baraitot that are not Toseftot? 
 
Thank you
 

Answer

The Oral Torah had until then been transmitted orally, and it was forbidden to write it down. I assume that all these collections are editorial compilations that gathered the reliable sources that were accepted as Jewish law. But there were several editors, and they had different views (Rabbi Hiyya, Rabbi Oshaya, Rabbi Judah the Prince, and others). Some of the sources perhaps never reached them at all.
When they say that any teaching not found in Rabbi Hiyya and Rabbi Oshaya is mistaken, the intention is that it is hard to rely on baraitot that were not included in those collections. That does not mean they are all mistaken, only that there is greater concern about them. Therefore, if there is a difficulty for which no reasonable solution can be found, or a contradiction with a source that is included there, then the baraita should be rejected rather than the other source. But still, when such a baraita exists, it is part of the oral tradition that reached us and was not written down, and therefore it carries weight. Hence they try to examine whether it is nevertheless reliable and correct.

Discussion on Answer

Michi (2024-06-14)

Think of an ancient history book that you are told is unreliable. Would you not open it at all? Of course people still do. But you treat it with suspicion, and if it contradicts other sources, you assume the problem is probably with it. Still, it contains important and relevant information.

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