Title: Halevy, Halivni and The Oral Formation of the Babylonian Talmud
Description: This dissertation is dedicated to a detailed analysis and comparison of the theories on the process of the formation of the Babylonian Talmud by Yitzhak Isaac Halevy and David Weiss Halivni. These two scholars exhibited a similar mastery of the talmudic corpus and were able to combine the roles of historian and literary critic to provide a full construct of the formation of the Bavli with supporting internal evidence to support their claims. However, their historical construct and findings are diametrically opposed. Yitzhak Isaac Halevy presented a comprehensive theory of the process of the formation of the Talmud in his magnum opus Dorot Harishonim. The scope of his work was unprecedented and his construct on the formation of the Talmud encompassed the entire process of the formation of the Bavli, from the Amoraim in the 4th century to the end of the saboraic era (which he argued closed in the end of the 6th century). Halevy was the ultimate guardian of tradition and argued that the process of the formation of the Bavli took place entirely within the amoraic academy by a highly structured and coordinated process and was sealed by an international rabbinical assembly.

While Halevy was primarily a historian, David Weiss Halivni is primarily a talmudist and commentator on the Talmud itself. Halivni offers his bold construct of the history of the formation of the Bavli in the context of his commentary Meqorot Umesorot, which spans almost the entire Babylonian Talmud. Halivni explains the process of the formation of the Bavli as taking place well after amoraic times in a massive unstructured process of reconstruction. This dissertation will demonstrate that both of the theories of Halevy and Halivni are in need of careful analysis and revision. Halevy's construct despite providing valuable scholarly insights is tainted by a strong ideological agenda. On the other hand, Halivni, as a literary critic, provides insightful literary analysis and his conclusions on the uniqueness of the stam have been firmly established in contemporary scholarship. However, when analyzing Halivni's theory one must distinguish between his literary conclusions and his historical construct.

The later is a constantly evolving theory, and it has presented numerous problems as it has developed over time, mainly in the introductions to Meqorot Umesorot. The body of this dissertation consists of three chapters, each focusing on a different model for the formation of the Bavli. Chapter One focuses on Halevy, beginning with his biography and continuing with an in-depth analysis of the scope and purpose of his Dorot Harishonim and the ideological import of his research. The second chapter addresses the theory of Halivni on the formation of the Bavli. After a biographical sketch of Halivni's life, I review the scope and purpose of Meqorot Umesorot with a special emphasis on his scholarship ki'peshuto, followed by a detailed analysis of his model and the evidence he offers in support of it. The third chapter proposes an alternative model for the formation of the Talmud which combines aspects of Halevy's and Halivni's theories. I propose a model that includes a fixed oral text, accompanied by an oral fluid commentary.

This dual form of transmission accounts for the diverse structure and style of the apodictic material and the dialectical interpretative argumentation of the stam. The fixed apodictic text, the proto-Talmud follows the basic contour of Halevy's model, while the understanding of the stam follows many aspects of Halivni's description of the reconstruction of the dialectical argumentation by the Stammaim. By applying form criticism to determine the Sitz im Leben of talmudic transmission and teaching, combined with recent scholarship on the various forms of oral transmission, I propose a framework which allows for a developmental model which integrates the perceptive historical insights of Halevy with Halivni's literary findings.