The Mekhilta le-Sefer Devarim () is a

halakhic midrash ''Midrash halakha'' () was the ancient Judaic rabbinic method of Torah study that expounded upon the traditionally received 613 Mitzvot (commandments) by identifying their sources in the Hebrew Bible, and by interpreting these passages as proofs ...

Deuteronomy Deuteronomy (; ) is the fifth book of the Torah (in Judaism), where it is called () which makes it the fifth book of the Hebrew Bible and Christian Old Testament. Chapters 1–30 of the book consist of three sermons or speeches delivered to ...

from the school of

Rabbi Ishmael Rabbi Yishmael ben Elisha Nachmani (Hebrew: רבי ישמעאל בן אלישע), often known as Rabbi Yishmael and sometimes given the title "Ba'al HaBaraita" (Hebrew: בעל הברייתא, “Master of the Outside Teaching”), was a rabbi of ...

which is no longer extant. No midrash by this name is mentioned in

Talmudic The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewi ...

literature, nor do the medieval authors refer to such a work. Although

Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...

says, "R. Ishmael explained from 've-eleh shemot' to the conclusion of the

Torah The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () ...

, that is, the Mekhilta," he did not see this midrash, which also includes Deuteronomy, since he does not quote any Mekhilta passages to that book of the

Pentateuch The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () o ...

in his ''Sefer ha-Mitzvot,'' although he draws upon the

halakhic midrashim ''Midrash halakha'' () was the ancient Judaic rabbinic method of Torah study that expounded upon the traditionally received 613 Mitzvot (commandments) by identifying their sources in the Hebrew Bible, and by interpreting these passages as proof ...

in discussing most of the commandments. Maimonides probably knew, therefore, merely through an old tradition which he had heard that such a midrash by R. Ishmael existed.

Evidence in favor of its existence

But there are other circumstances which prove that there was once such a work. Many midrashic

baraitot ''Baraita'' ( "external" or "outside"; pl. ''bārayāṯā'' or in Hebrew ''baraitot''; also baraitha, beraita; Ashkenazi pronunciation: berayse) designates a tradition in the Oral Torah of Rabbinical Judaism that is not incorporated in the Mi ...

are introduced in the

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

with the words "Tena debei R. Yishmael," and may be recognized in form and substance as R' Ishmael's midrashim.

Bava Batra Bava Batra (also Baba Batra; ) is the third of the three Talmudic tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law. Originally it, to ...

124b quotes a passage to a verse in Deuteronomy from the "She'ar Sifre devei Rav," a term by which the Mekhilta de-Rabbi Yishmael is designated. This clearly indicates that there was a midrash to Deuteronomy by R. Ishmael at the period of the

Amoraim ''Amoraim'' ( , singular ''Amora'' ; "those who say" or "those who speak over the people", or "spokesmen") refers to Jewish scholars of the period from about 200 to 500 CE, who "said" or "told over" the teachings of the Oral Torah. They were p ...

. This work, which was called also "Mekhilta," disappeared at an early date, and was therefore unknown to the medieval authors. The editor of the Midrash ha-Gadol, however, knew it and included many passages from it in his collection. The citations from R. Ishmael's Mekhilta to Deuteronomy which are contained in the Midrash ha-Gadol have been collected by David Zvi Hoffmann and printed under the title ''Liḳḳuṭe Mekilta: Collectaneen aus einer Mechilta'' and separately under the title ''Liḳḳuṭe Batar Liḳḳuṭe: Neue Collectaneen aus einer Mechilta zu Deuteronomium''. It appears from these passages that this midrash contained much valuable material from the earlier halakic exegetes. Especially noteworthy is the statement that R. Simon Gamaliel, together with R. Johanan b. Zakkai, addressed a circular letter to the Galileans and other communities, a statement which certainly antedates the parallel passage in

Tosefta The Tosefta ( "supplement, addition") is a compilation of Jewish Oral Law from the late second century, the period of the Mishnah and the Jewish sages known as the '' Tannaim''. Background Jewish teachings of the Tannaitic period were cha ...

, Sanh. 2:6. Hoffmann's collection of extracts from the Mekhilta includes also many quotations from

' ''Yad''.Compare D. Hoffmann, ''Ueber eine Mechilta,'' p. 85, and his preface to the ''Liḳḳuṭe Mekilta,'' p. 4 Aside from the passages included in the Midrash ha-Gadol, some fragments of the Mekhilta have been preserved in the Cairo Genizah; these were discovered by S. Schechter and published by him in the '' J. Q. R.''

Jewish Encyclopedia bibliography

* D. Hoffmann, ''Zur Einleitung in die Halachischen Midraschim'', p. 77, Berlin, 1887; *idem, ''Ueber eine Mechilta zu Deuteronomium'', in ''Jubelschrift zum Siebzigsten Geburtstag des Dr. Isr. Hildesheimer'', German part, pp. 83–98, Berlin, 1890.

References

External links

{{Book of Deuteronomy Halakhic Midrashim Book of Deuteronomy