Nehemiah: "they found written in the law"

The Book of Nehemiah gives us some insight into the restoration of Israel and the Torah in the time of Ezra and the return from Babylon.
It also gives an insight into the religious practices of the day, and is furthermore cited by many as a proof text for the Oral Law.

In Ch 8, we see Ezra making a public reading of the Law, on Yom Teruah (1st of the seventh month)
1. And all the people gathered themselves together as one man into the street that [was] before the water gate; and they spake unto Ezra the scribe to bring the book of the law of Moses, which the LORD had commanded to Israel.

2 And Ezra the priest brought the law before the congregation both of men and women, and all that could hear with understanding, upon the first day of the seventh month.

A few passages later, we are told how Ezra’s associates explained the law to the people.
7 Also Jeshua, and Bani, and Sherebiah, Jamin, Akkub, Shabbethai, Hodijah, Maaseiah, Kelita, Azariah, Jozabad, Hanan, Pelaiah, and the Levites, caused the people to understand the law: and the people [stood] in their place.8 So they read in the book in the law of God distinctly, and gave the sense, and caused [them] to understand the reading.

In its plain meaning, it is simply the knowledgeable people explaining to the assimilated Israelites/ Jews. Perhaps even translating, since they no longer spoke Hebrew.

Further to our recent discussion on 2 days of Rosh Hashana, the next verse is used as support by Rashi and Metzudath David, toshwo they already kept 2 days for this:
13 And on the second day were gathered together the chief of the fathers of all the people, the priests, and the Levites, unto Ezra the scribe, even to understand the words of the law

They claim that the 2nd day was Rosh Hashana, although the text does not mention it to be a festival. This claim is further demolished if we study the following verses, which describe their actions on that day:
14 And they found written in the law which the LORD had commanded by Moses, that the children of Israel should dwell in booths in the feast of the seventh month:15 And that they should publish and proclaim in all their cities, and in Jerusalem, saying, Go forth unto the mount, and fetch olive branches, and pine branches, and myrtle branches, and palm branches, and branches of thick trees, to make booths, as [it is] written.16 So the people went forth, and brought [them], and made themselves booths, every one upon the roof of his house, and in their courts, and in the courts of the house of
God, and in the street of the water gate, and in the street of the gate of Ephraim

This is actually suggesting that

a) they learnt form the text about Sukkot

b) They went out and declared the mitzvah

c) they went out to cut wood and branches etc.

It does not say explicitly that it was done on the second day, but it is possible that it was. Furthermore, if this could mislead people into making their sukkot on the 2nd day of Yom Tov, there would be a warning as there was earlier, regarding mourning on the First day.
At the end of v.15, it says , as written [kaKatuv]. This was written in their Sefer Torah , ie instructions to build a sukka! It is not mentioned about an Oral tradition of the dimensions of the Sukka, its coverage etc, which is found in the mishna! They simply did as they deduced from the text. This seems to be a recurring theme (cf Kings sefer, Hakhel etc).

There is a further claim for the Oral Law, which is made in connection to Ruth , ie that the prohibition against marrying Moabites does not apply to female Moabites. In 13:23, Nehemia testifies that the Jews had married Moabitesses – which was a “sin”. So that also contradicts the claim of the Rabbis.  The discussion of Ruth, Intermarriage and the TANACH is a separate issue.


[This post was originally published on AmHaaretz blog]