From rulings to rules: the formation of (some) halakhic rules
It was the accepted practice to issue rulings in cases argued by Tannaim in the Mishnah and elsewhere on a case-by-case basis. Beginning in the time of Rabbi Yoḥanan, the manner in which rulings were given changed fundamentally, to jurisprudential rules. The new style of rulings brought with it a ne...
| Published in: | AJS review |
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| Subtitles: | Research Article |
| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
University of Pennsylvania Press
[2018]
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| In: |
AJS review
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| Standardized Subjects / Keyword chains: | B
Rule
/ Jurisprudence
/ Johanan Ben-Nappaḥa 199-279
/ Halacha
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| RelBib Classification: | BH Judaism |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | It was the accepted practice to issue rulings in cases argued by Tannaim in the Mishnah and elsewhere on a case-by-case basis. Beginning in the time of Rabbi Yoḥanan, the manner in which rulings were given changed fundamentally, to jurisprudential rules. The new style of rulings brought with it a need to establish additional rules to supplement the basic principles produced by Rabbi Yoḥanan and his school. A highly surprising phenomenon that emerged from the demand for jurisprudential rules was the transformation of dicta specifying the law in specific cases into rules to be followed on a general basis. In this essay, I seek to characterize these specific jurisprudential dicta and to identify a number of legal principles that initially were nothing more than specific rulings, yet were then altered in significance and scope as a result of their inclusion in introductory works and compendia of jurisprudential rules. |
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| ISSN: | 1475-4541 |
| Contains: | Enthalten in: Association for Jewish Studies, AJS review
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| Persistent identifiers: | DOI: 10.1017/S0364009418000065 |