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Basic questions in the Tosheva

שו”תBasic questions in the Tosheva
asked 1 year ago

I haven’t found many answers online to this topic, and it seems very basic to me.
 
Do we know, based on the opinions of our sages or even based on research, why there is a Tosefta that was not included in the Mishnah?
 
Do we know, based on the wisdom of our sages or even based on research, why there is a covenant (that is not a Tosefta) that was not included in the Mishnah by a Rabbi?
 
Do we know, according to the opinion of our sages or even based on research, why there is a covenant that was not included in the Tosefta by Rabbi Chiya?
 
I understood that there is a sentence in Tractate Chulin that says:
“There is no such thing as a talisman, not by Rabbi Chiya and Rabbi Oshaya – it is a talisman.”
 
If this is the opinion in Rabbi Chiya’s school, how is it possible that we see in the Talmud a serious reference to covenants that are not additions?
 
thanks
 


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מיכי Staff answered 1 year ago
The Oral Torah was passed down orally until then and it was forbidden to write it down. I assume that all of these files are compilations that collected the reliable sources that were ruled on by the halakhah. But there were several editors and they had different opinions (Rabbi Chiya, Rabbi Ushaya, Rabbi and more). Some of the sources may not have reached them at all. When they say that every baraita that is not found but Rabbi Chiya and Rabbi Oshaya is distorted, they mean to say that it is difficult to trust baraita that was not included in those collections. This does not mean that all of them are distorted, but that there is a greater concern there. Therefore, if there is a difficulty for which a reasonable solution cannot be found or there is a contradiction with a source that is found within, then the baraita should be rejected and not the other source. But still, when there is such a baraita, it is part of the oral tradition that has come down to us and has not been written down, and therefore it has weight. Hence, they try to check whether it is nevertheless reliable and correct.

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מיכי Staff replied 1 year ago

Think about an ancient history book that you are told is unreliable. Would you not open it at all? Everyone does. But be suspicious and if it contradicts other sources, assume that the problem is probably with it. It still contains important and relevant information.

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