Changing the Subject: Rabbinic Legal Process in the Absence of Justification
This essay explores how changing the subject can function as a valid legal process in classical rabbinic literature. In order to do so, it first establishes standard rabbinic legal procedure, in which the legal reasoning for arguments is debated and either supported or refuted. Next, it discusses ca...
| Published in: | The review of rabbinic Judaism |
|---|---|
| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2015
|
| In: |
The review of rabbinic Judaism
|
| Further subjects: | B
Rabbinic Literature
Rabbinic Law
Legal Process
Talmud
|
| Online Access: |
Presumably Free Access Volltext (Verlag) |
| Summary: | This essay explores how changing the subject can function as a valid legal process in classical rabbinic literature. In order to do so, it first establishes standard rabbinic legal procedure, in which the legal reasoning for arguments is debated and either supported or refuted. Next, it discusses cases that do not fit this pattern: namely, those in which a rabbi, faced with a contradictory or complex argument, changes the subject rather than his reasoning or ruling. Through a discussion of such cases, this essay argues that, while not preferable, changing the subject can in fact be a valid rabbinic legal process. |
|---|---|
| ISSN: | 1570-0704 |
| Contains: | In: The review of rabbinic Judaism
|
| Persistent identifiers: | DOI: 10.1163/15700704-12341275 |