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It is commonly assumed that the average Jew on the street from biblical times onward followed rabbinic law. While rabbinic literature (and other ancient sources) report that “average Jews” were expected to observe rules concerning the Sabbath, dietary laws, and laws concerning sexual contact, it is not clear how widely general observance conformed to rabbinic rules. A careful study of rabbinic literature which distinguishes between tannaitic sources (through the second century CE) and amoraic sources (from the third through sixth centuries CE), and between Palestinian and Babylonian sources, reveals different pictures of how rabbis and non-rabbis interacted.
The Limits of Rabbinic Legal Authority
The Tannaim, the rabbis during the first two centuries of the Common Era, were acknowledged legal experts, but only in a small range of topics. An important study by scholar Shaye Cohen analyzed the range of legal cases described in tannaitic documents where rabbis responded to a case or made a ruling.
He found that the largest group of cases prior to Rabbi Judah the Patriarch (around the year 200 C.E.) dealt with purity laws and that two-thirds of the cases dealt with matters of purity, marital law, oaths, idolatry, and tithes. Only about one eighth of the cases dealt with civil law, the Sabbath and festivals, or kashrut. Rabbis were seen as experts in areas that were probably peripheral to the observance of most Jews; the common folk did not seek rabbinic authority for resolving questions that may have been of broader concern.
The Tannaim themselves were probably not concerned about this state of affairs. Tannaim expressed disdain for the common folk whom they called ammei ha’aretz, the people of the land. The Tosefta (Berakhot 6:18) refers to a rabbinic blessing praising God for having “not made me an outsider (bur),” explaining that an outsider, that is, one who does not adopt a rabbinic lifestyle, cannot really fear sin. The Mishnah (Avot 3:14) expresses disdain in claiming that “sitting in the assemblies of ammei ha’aretz drives one out of the world.”
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