2 research outputs found
Studies in Rabbinic Hebrew
"This volume presents a collection of articles centring on the language of the Mishnah and the Talmud – the most important Jewish texts (after the Bible), which were compiled in Palestine and Babylonia in the latter centuries of Late Antiquity. Despite the fact that Rabbinic Hebrew has been the subject of growing academic interest across the past century, very little scholarship has been written on it in English.
Studies in Rabbinic Hebrew addresses this lacuna, with eight lucid but technically rigorous articles written in English by a range of experienced scholars, focusing on various aspects of Rabbinic Hebrew: its phonology, morphology, syntax, pragmatics and lexicon. This volume is essential reading for students and scholars of Rabbinic studies alike, and constitutes the second in a new series, Studies in Semitic Languages and Cultures, in collaboration with the Faculty of Asian and Middle Eastern Studies at the University of Cambridge.
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Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity
Rabbinic law is particularly well known for its use of legal dodges and technical circumventions. This dissertation focuses on three main questions about such loopholes: 1) Why is rabbinic law so replete with them? 2) Are they always permitted, and if not, what are the parameters of their use? 3) What does the use of legal loopholes reveal about rabbinic views of the relationship between intention and action?
We attempt to answer these questions by analyzing a particular subset of rabbinic legal loopholes known as ha`arama (cunning). Tracing the history and use of ha`arama from tannaitic to amoraic sources, this work places rabbinic legal loopholes in context of Biblical and Ancient Near Eastern worldviews, Greco-Roman perspectives, and later contemporaneous Zoroastrian approaches. Working with both tannaitic and amoraic materials, with Palestinian and Babylonian sources, we observe a progression within rabbinic thinking on this front: from rigid legal formalism to a concern for the inner spirit of the law, and from emphasis on the inner spirit of the law to an interest in the inner spirit of the individual legal agent