Is Scripture the Origin of the Halakhah?

Is Scripture the Origin of the Halakhah?
Author: Jacob Neusner
Publisher: University Press of America
Total Pages: 242
Release: 2005
Genre: Religion
ISBN: 9780761831174

The Halakhah constitutes a coherent construction comprised by category-formations defined by topics purposively amplified. These category-formations everywhere pursue a cogent analytical program, addressing diverse subjects, treated systematically, a single set of questions of definition and analysis. Is Scripture the origin of the Halakhic system, which defines the norms of Judaism? At stake is not the starting point of discrete bits of legal data. At issue is the origin of the comprehensive structure comprised by the Halakhic category-formations, by these topics and no others. Scripture forms the natural starting point for any inquiry into the origins of Judaism. So it is quite natural to treat Scripture as the base-line and the Halakhic category-formations as the variable when seeking the origin of the system. But what happens when, as in this project, we treat the system as the base-line and Scripture as the variable? Then we see that the Halakhic system viewed as a coherent statement does not originate in Scripture. Important parts of that statement do, important parts do not. But the system viewed whole does not.

How the Halakhah Unfolds

How the Halakhah Unfolds
Author: Tzvee Zahavy
Publisher: University Press of America
Total Pages: 479
Release: 2010-07-22
Genre: Religion
ISBN: 076185102X

In separate multi-volume works, the project has presented form-analytical English translations of the Mishnah, Tosefta, Yerushalmi, and Bavli, outlined the Yerushalmi and the Bavli and compared these outlines. In this volume, the main points of the Halakhah of the topological expositions or tractates of the Mishnah-Tosefta-Bavli Hullin are set forth and the theological message of the tractate is laid out. The project yields a systematic account of the Halakhah in its documentary unfolding.

How the Halakhah Unfolds

How the Halakhah Unfolds
Author: Tzvee Zahavy
Publisher: University Press of America
Total Pages: 467
Release: 2010-07-22
Genre: Religion
ISBN: 0761851011

In separate multi-volume works, the project has presented form-analytical English translations of the Mishnah, Tosefta, Yerushalmi, and Bavli, outlined the Yerushalmi and the Bavli and compared these outlines. In this volume, the main points of the Halakhah of the topological expositions or tractates of the Mishnah-Tosefta-Bavli Hullin are set forth and the theological message of the tractate is laid out. The project yields a systematic account of the Halakhah in its documentary unfolding.

How the Halakhah Unfolds

How the Halakhah Unfolds
Author: Jacob Neusner
Publisher: University Press of America
Total Pages: 616
Release: 2006
Genre: Religion
ISBN: 9780761836162

In separate multi-volumed works, form-analytical English translations of the Mishnah, Tosefta, Yerushalmi, and Bavli have been set forth. Outlines of the Yerushalmi and the Bavli have been brought about, and those outlines of the two Talmuds have been compared. In addition, for each subject the main points of the Halakhah of the topical expositions or tractates of the Mishnah-Tosefta-Yerushalmi-Bavli have been set forth. The theological message of the respective tractates has been spelled out. Here, we follow a single tractate through the principal documents of formative Judaism as these have already presented them. How the academic commentaries, outlines and comparisons, and theological summaries yield a systematic account of the Halakhah in its documentary unfolding is thus fully exposed. Book jacket.

Execution and Invention

Execution and Invention
Author: Beth A. Berkowitz
Publisher: Oxford University Press
Total Pages: 362
Release: 2006-03-23
Genre: Religion
ISBN: 0198039840

The death penalty in classical Judaism has been a highly politicized subject in modern scholarship. Enlightenment attacks on the Talmud's legitimacy led scholars to use the Talmud's criminal law as evidence for its elevated morals. But even more pressing was the need to prove Jews' innocence of the charge of killing Christ. The reconstruction of a just Jewish death penalty was a defense against the accusation that a corrupt Jewish court was responsible for the death of Christ. In Execution and Invention, Beth A. Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and offers a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the early Rabbis used the rabbinic laws of the death penalty to establish their power in the wake of the destruction of the Temple. Following recent currents in historiography, Berkowitz sees the Rabbis as an embattled, almost invisible sect within second-century Judaism. The function of their death penalty laws, Berkowitz contends, was to create a complex ritual of execution under rabbinic control, thus bolstering rabbinic claims to authority in the context of Roman political and cultural domination. Understanding rabbinic literature to be in dialogue with the Bible, with the variety of ancient Jews, and with Roman imperialism, Berkowitz shows how the Rabbis tried to create an appealing alternative to the Roman, paganized culture of Palestine's Jews. In their death penalty, the Rabbis substituted Rome's power with their own. Early Christians, on the other hand, used death penalty discourse to critique judicial power. But Berkowitz argues that the Christian critique of execution produced new claims to authority as much as the rabbinic embrace. By comparing rabbinic conversations about the death penalty with Christian ones, Berkowitz reveals death penalty discourse as a significant means of creating authority in second-century western religious cultures. Advancing the death penalty discourse as a discourse of power, Berkowitz sheds light on the central relationship between religious and political authority and the severest form of punishment.

Boundaries of Loyalty

Boundaries of Loyalty
Author: Saul J. Berman
Publisher: Cambridge University Press
Total Pages: 255
Release: 2016-10-17
Genre: Religion
ISBN: 1316817717

Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.

The Cambridge History of Judaism: Volume 2, The Hellenistic Age

The Cambridge History of Judaism: Volume 2, The Hellenistic Age
Author: William David Davies
Publisher: Cambridge University Press
Total Pages: 766
Release: 1984
Genre: Religion
ISBN: 9780521219297

Vol. 4 covers the late Roman period to the rise of Islam. Focuses especially on the growth and development of rabbinic Judaism and of the major classical rabbinic sources such as the Mishnah, Jerusalem Talmud, Babylonian Talmud and various Midrashic collections.

Seder Eliyahu

Seder Eliyahu
Author: Constanza Cordoni
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 326
Release: 2018-08-21
Genre: Religion
ISBN: 3110531305

The book is concerned with a so called ethical midrash, Seder Eliyahu (also known as Tanna debe Eliyahu), a post-talmudic work probably composed in the ninth century. It provides a survey of the research on this late midrash followed by five studies of different aspects related to what is designated as the work’s narratology. These include a discussion of the problem of the apparent pseudo-epigraphy of the work and of the multiple voices of the text; a description of the various narrative types which the work, itself as a whole of non-narrative character, makes use of; a detailed treatment of Seder Eliyahu’s parables and most characteristic first person narratives (an extremely unusual form of narrative discourse in rabbinic literature); as well as a final chapter dedicated to selected women stories in this late midrash. As it emerges from the survey in chapter 1 such a narratologically informed study of Seder Eliyahu represents a new approach in the research on a work that is clearly the product of a time of transition in Jewish literature.