Plague, Practice, and Prescriptive Text: Jewish Traditions on Fleeing Afflicted Cities in Early Modern Ashkenaz

Abstract This article studies the fate of a contradiction between practice and prescriptive text in 16th-century Ashkenaz. The practice was fleeing a plagued city, which contradicted a Talmudic passage requiring self-isolation at home when plague strikes. The emergence of this contradiction as a hal...

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Bibliographic Details
Published in:Journal of law, religion and state
Authors: Chechik, Moshe Dovid (Author) ; Morsel-Eisenberg, Tamara (Author)
Format: Electronic Article
Language:English
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Published: Brill 2020
In: Journal of law, religion and state
Standardized Subjects / Keyword chains:B Talmud / Plague / Quarantine / Flight / Ashkenazim / Halacha
RelBib Classification:AD Sociology of religion; religious policy
BH Judaism
TJ Modern history
ZA Social sciences
Further subjects:B Plague
B Early Modern
B Jewish Law
Online Access: Presumably Free Access
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Summary:Abstract This article studies the fate of a contradiction between practice and prescriptive text in 16th-century Ashkenaz. The practice was fleeing a plagued city, which contradicted a Talmudic passage requiring self-isolation at home when plague strikes. The emergence of this contradiction as a halakhic problem and its various forms of resolution are analyzed as a case study for the development of halakhic literature in early modern Ashkenaz. The Talmudic text was not considered a challenge to the accepted practice prior to the early modern period. The conflict between practice and Talmud gradually emerged as a halakhic problem in 15th-century rabbinic sources. These sources mixed legal and non-legal material, leaving the status of this contradiction ambiguous. The 16th century saw a variety of solutions to the problem in different halakhic writings, each with their own dynamics, type of authority, possibilities, and limitations. This variety reflects the crystallization of separate genres of halakhic literature.
ISSN:2212-4810
Contains:Enthalten in: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-2020014