The Hebrew texts of the Tosefta and PT are found in Appendix 1. Mishnah
In the Mishnah (Sanh.10:3, 107b), the Generation of the Flood, the Generation of the Disper- sion and the Men of Sodom are grouped together. However, in the Kaufmann and Parma manuscripts of the Mishnah, the text is much briefer. The Generation of the Dispersion is omitted altogether, as are the phrase 'no judgement and no spirit' and the proof-texts for the Men of Sodom. Various groups from the wilderness period are also listed in this mishnah:
the spies, the Generation of the Wilderness and the Congregation of Korach. The same mish- nah states: 'The ten tribes will not return', which is not a denial of the tribes' place in the world to come, despite it being in this chapter. Rather, it appears to be related to the eschato- logical nature of the chapter, since the return of the Ten Tribes is seen as destined for the end time.
The list of groups from the book of Genesis follows biblical chronology: the Generation of the Flood, the Generation of the Dispersion and the Men of Sodom. The three groups are also linked in midrash. In GenR 19:7 these three are part of a succession of generations whose deeds caused the Shechinah to depart to a higher level of the firmament (and therefore further from human beings).26 In tSotah, the groups are part of a different list (see section B1). It is
possible that three groups from Genesis are chosen to mirror the three kings in the preceding Mishnah, just as four groups are mentioned from the wilderness period, which would mirror the four commoners. However, as mentioned, the groups from the wilderness vary in differ- ent versions of the Mishnah and the Tosefta and BT, so the parallel structures of the Mishnah are tenuous. It may be rather that the compilers of the Mishnah wished to emphasise particu- lar themes by choosing the groups they did. Alternatively, there may also have been a com- pletely separate tradition about these three groups. Evidence for this last possibility is that the three groups are mentioned together in the Tosefta and halachic midrashim, as discussed in section B1.
The Mishnah has an initial statement that the Generation of the Flood will have no share in the world to come, nor will they face judgement, and a proof-text is given. Similar statements and proof-texts follow for the Generation of the Dispersion and the Men of Sodom. There is
then a further debate about whether the Men of Sodom will face judgement alongside the Generation of the Flood.
It appears to be agreed that the Generation of the Flood will not face judgement, since there is no contrary opinion recorded. The initial baraita of the Gemara suggests that judgement means the return of the soul to the body. This understanding is supported by the parallel phrase in the Tosefta (see below), 'The Generation of the Flood have no share in the world to come and will not live in the world to come'. The distinction between the Generation of the Flood and the Men of Sodom may be because the word ןודי in the flood narrative (Gen. 6:3) lends itself to this particular interpretation rather than because one group is worse than the other. In fact Finkelstein, who discusses this mishnah in great detail, suggests that the denial of judgement does not itself constitute a punishment. Rather, judgement determines whether there is punishment or reward, and this is only possible if the soul is returned to the body.27
The opportunity for judgement may therefore mean the possibility of reward, but in the case of the wicked rather implies the likelihood of punishment. Finkelstein published his analysis over sixty years ago and much has changed in our understanding of rabbinic texts. However, his analysis of the different ways the Tannaim understood future judgement has essentially been substantiated by Milikovsky,28and makes sense of the way the Tannaim tried to concep-
tualise seemingly contradictory ideas.
27. L. Finkelstein, ןתנ יברד תובאו תובא תותכסמל אובמ, The Jewish Theological Seminary of America, New York, 1950, p. 226.
28. C. Milikowsky, ‘Gehenna and “Sinners of Israel” in the Light of Seder Olam’, Tarbiz vol. 55, 1986, pp. 311-343 (Hebr.).
Tosefta
The corresponding Tosefta (San.13:6) closely resembles the first baraita of the Gemara. However, the phrase ב"הועל ןייח ןניאו is added. This phrase may reflect divergent beliefs about the world to come. By the time of the Mishnah, there were two opinions: one was that there would be immediate judgement of the soul after death for the world to come, the other that judgement would be at the time of the resurrection.29 Finkelstein suggests that the Tosefta
here elaborates the Mishnah to emphasise that those listed will neither be judged for the world to come immediately after death nor resurrected.
The proof-text for the punishment of the Generation of the Flood is Gen. 7:23, 'And God wiped out all that existed on the face of the earth'. This is seen as referring to this world and the world to come. In the baraita, there is an attribution to R. Akiva. This is absent both in the Tosefta and in PT. Since the BT is known to add or change attributions, this may be such a change, but the baraita may reflect a different tradition. The interpretation by R. Judah b. Batyra of the verse follows: 'they shall not be judged and my spirit will not be in them for ever'. In the BT this is terser: 'No judgement and no spirit'. The Tosefta may be seen as elab- orating the phrase, so making its meaning clearer. Both BT and Tosefta give a third, an- onymous, opinion that the souls of the wicked will not be returned to their casing. This may be seen as a parallel concept to 'standing in judgement', since for judgement the soul must be returned to the body.
The final part of both the Tosefta and the baraita quote R. Menachem b. Joseph, who relates the harshness of the punishment the wicked will suffer. The wording is similar, but in the BT
the phrase 'in Gehinnom' is added. Both conclude with the proof-text Is. 33:11, 'You shall conceive hay, give birth to straw; fire will consume your souls'.
Thus, the Tosefta and the baraita appear to have a common source, or one has been borrowed from the other. The relationship between the Tosefta and the baraitot of BT has been much debated. It seems most likely that the BT did not draw directly on the Tosefta as a collection, but rather that individual sayings may have been incorporated into both.30
Tosefta Sotah also contains parallel material to the BT, which will be considered at the relev- ant points below.
Palestinian Talmud
The PT again uses Gen. 7:23 as the proof-text for the fate of the Generation of the Flood. It uses the phrase אובל דיתעל ןיאור ןניאו. This may be a reference to the future judgement or the return of the soul to the body, both of which are referred to in the Mishnah, Tosefta and first baraita of the BT. As discussed above, the return of the soul seems to be a prerequisite for judgement. This is also made clear in Perek Helek in the BT, where, as part of a lengthy dis- cussion of the resurrection of the dead, a mashal illustrates the joint judgement of body and soul (bSan. 91a-b). In the PT, the concept of the return of the soul to the body seems to be emphasised in the opinions which follow. The anonymous opinion cited in the PT that the soul will not return to its casing is also found in the Tosefta and the baraita.
30. Y. Elman, Authority and Tradition: Toseftan Baraitot in Talmudic Babylonia, Yeshiva University Press, New York, 1994; S. Friedman, 'אתפסותבש ןהיתוליבקמל ןסחיו ילבבה דומלתב תותיירבה' in S. Friedman, M. Schmelzner and M. Hirschman (eds.), יקסבורטימיד ןמלז םייח רוספורפ דובכל תינברהו תידומלתה תורפסב םירקחמ :םייחל הרטע, Magnes Press, Jerusalem, 2000, pp. 163-201.
The final part of the baraita mentions Gehinnom. This is elaborated in the PT, where the suf- fering of the wicked is described. This is not found at this point in bSan. On the other hand, the PT concludes with this description, and has none of the aggadic material which follows in the BT. It is therefore far briefer, and its emphasis is on the punishment in Gehinnom, rather than on the wrongdoing.