Mishnah: the New Scripture Territories in the East
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The Humanity of the Talmud: Reading for Ethics in Bavli ʿavoda Zara By
The Humanity of the Talmud: Reading for Ethics in Bavli ʿAvoda Zara By Mira Beth Wasserman A dissertation submitted in partial satisfaction of the requirements for the degree of Joint Doctor of Philosophy with Graduate Theological Union, Berkeley in Jewish Studies in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Daniel Boyarin, chair Professor Chana Kronfeld Professor Naomi Seidman Professor Kenneth Bamberger Spring 2014 Abstract The Humanity of the Talmud: Reading for Ethics in Bavli ʿAvoda Zara by Mira Beth Wasserman Joint Doctor of Philosophy with Graduate Theological Union, Berkeley University of California, Berkeley Professor Daniel Boyarin, chair In this dissertation, I argue that there is an ethical dimension to the Babylonian Talmud, and that literary analysis is the approach best suited to uncover it. Paying special attention to the discursive forms of the Talmud, I show how juxtapositions of narrative and legal dialectics cooperate in generating the Talmud's distinctive ethics, which I characterize as an attentiveness to the “exceptional particulars” of life. To demonstrate the features and rewards of a literary approach, I offer a sustained reading of a single tractate from the Babylonian Talmud, ʿAvoda Zara (AZ). AZ and other talmudic discussions about non-Jews offer a rich resource for considerations of ethics because they are centrally concerned with constituting social relationships and with examining aspects of human experience that exceed the domain of Jewish law. AZ investigates what distinguishes Jews from non-Jews, what Jews and non- Jews share in common, and what it means to be a human being. I read AZ as a cohesive literary work unified by the overarching project of examining the place of humanity in the cosmos. -
RLST 124I: Varieties of Ancient Judaism Spring 2009 Handout #7 (May 12, 2009) “Persian Jews”
RLST 124I: Varieties of Ancient Judaism Spring 2009 Handout #7 (May 12, 2009) “Persian Jews” Sassanid Empire: Persian ruling dynasty established in 226 CE, which instituted rigid class hierarchies, autocratic military rule, and Zoroastrianism as the “official” Persian religion; in constant military conflict with the Roman Empire, until collapsing under the spread of Islam in the 650s dualism: a theological orientation that posits a struggle between good and evil that is conducted at the individual, communal, and cosmic levels; dualistic religions usually assume the eventual triumph of “good” over “evil,” but assign different levels of potency and authority to the powers of evil Zoroastrianism/Magianism/Mazdeanism: a dualistic ethical monotheism of the Near East, in which believers worship a single god of wisdom and truth (Ahura Mazda) and work to resist the forces of evil (in extreme formulations, posited as almost a second god); Mazda is not worshipped with sacrifices, but in fire temples managed by special priests (magi); the religion is named for Zarathustra (or Zoroaster), the prophet (of the 64th? 18th? 10th? 6th? cen. BCE) of Mazda (although greatly diminished, Zoroastrianism remains a “world religion,” with adherents possibly numbering in the millions) Mani/Manicheanism: an ascetic dualistic monotheism founded by Mani (in the third century), combining aspects of Mazdeanism and Christianity; Manicheans believed that seeds of Light were trapped in a web of Darkness (the created world), and that the Savior (Christ) had come to free the seeds of Light Pahlavi: the official court language of the Sassanids Aramaic: the official scribal language of the Sassanids “castes”: a sociological term used to describe highly rigid systems of social hierarchy; in Sassanian Persia, these castes are usually divided into four: priestly, warrior/noble, scribal/bureaucratic, merchant/artisans. -
Sukka Book.Indb
Perek IV Daf 44 Amud a NOTES Th e Sages say: For them in Eretz Yisrael it also does not overrideN ָא ְמִרי: ְלִד ְיד ּהו ַנ ִמי ָלא ָ ּד ֵחי. ְו ֶא ָּלא ַק ׁ ְשָיא The : ְלִד ְיד ּהו ַנ ִמי ָלא ָ ּד ֵחי – Shabbat. Th e Gemara asks: But if that is the case, the contradic- For them it also does not override Rambam explains that the Sages instituted ordinances to ָה ֵני ַּתְר ֵּתי; ְ ּד ָת ָנא ֲח ָדא: ָּכל ָה ָﬠם ִמוֹל ִיכין -tion between these two sources is diffi cult, as it was taught in prevent the Jews from splitting into sects where some seg ֶאת ּלו ְל ֵב ֶיהן ְל ַהר ַה ַּבִית, ְו ַת ְנָיא ִא ָיד ְך: one mishna: All the people bring their lulavim to the Temple -ments of the people practice one custom and other seg ְל ֵבית ַה ְּכ ֶנ ֶסת. ּו ְמ ָתְר ִצ ַינן: ָּכאן – ִּבְז ַמן Mount on Friday, and it was taught in another mishna that they ments either do not practice it or practice another custom bring their lulavim to the synagogue. And we resolved this con- instead. Although in other matters, e.g., the second day of ׁ ֶש ֵּבית ַה ִּמ ְקָ ּד ׁש ַקָיּים, ָּכאן – ִּבְז ַמן ׁ ֶש ֵאין ,tradiction as follows: Here, where the mishna says that they bring the Festivals observed in the Diaspora, this is not a concern ֵּבית ַה ִּמ ְקָ ּד ׁש ַקָיּים. their lulavim to the Temple Mount, it is referring to when the as can be explained the way Ritva explained it here: With Temple is standing, and there, where the mishna says that they regard to lulav, the Sages instituted that everyone follows his ancestral custom. -
Vayechih 5764
d”sb HEVRAT PINTO O Under Aegis of N 89 Rabbi David Hanania Pinto a”eylw 11, rue du plateau - 75019 PARIS ohhj lrs Tel: (331) 48 03 53 89 • Fax (331) 42 08 50 85 BALAK 8 Morris Road - Spring Valley NY 10977 THE PATH 9 TAMUZ 5765 Tel: 1-845 426 1276 • Fax: 1-845 426 1149 www.hevratpinto.org TO FOLLOW JULY.16.2005 Responsable of publication Hanania Soussan “HOW BEAUTIFUL ARE YOUR TENTS, O JACOB, YOUR DWELLING PLACES, O ISRAEL!” (by Rabbi David Hanania Pinto a”eylw) oncerning Bilaam’s blessings, we have ing their Torah study, yet refrained from doing so. If seen that the word “tents” corresponds a Baal Teshuvah (who did not previously know G-d) to houses of prayer, and “dwelling is assured of the World to Come, a person who rec- places” corresponds to houses of ognizes his Creator can strengthen himself each day study. Rabbi Abba bar Kahana teaches and every hour by considering that he has just now, Cthat, except for these houses of study and prayer, all the on this very day, received the Torah on Mount Sinai blessings reverted to curses, which was Bilaam’s real (Rashi, Deuteronomy 26:16). intent (see Sanhedrin 105b). This demands a certain Nevertheless, one who chooses the good and desires amount of clarification. to take to the path of righteousness must exert a great 1. If the reason why Bilaam’s curses were not ful- deal of effort to arrive at the goal that he has set for filled is because he did not pronounce them sincerely himself, since the evil inclination lays traps for him and wholeheartedly, why was the blessing “How beau- everywhere. -
Melilah Agunah Sptib W Heads
Agunah and the Problem of Authority: Directions for Future Research Bernard S. Jackson Agunah Research Unit Centre for Jewish Studies, University of Manchester [email protected] 1.0 History and Authority 1 2.0 Conditions 7 2.1 Conditions in Practice Documents and Halakhic Restrictions 7 2.2 The Palestinian Tradition on Conditions 8 2.3 The French Proposals of 1907 10 2.4 Modern Proposals for Conditions 12 3.0 Coercion 19 3.1 The Mishnah 19 3.2 The Issues 19 3.3 The talmudic sources 21 3.4 The Gaonim 24 3.5 The Rishonim 28 3.6 Conclusions on coercion of the moredet 34 4.0 Annulment 36 4.1 The talmudic cases 36 4.2 Post-talmudic developments 39 4.3 Annulment in takkanot hakahal 41 4.4 Kiddushe Ta’ut 48 4.5 Takkanot in Israel 56 5.0 Conclusions 57 5.1 Consensus 57 5.2 Other issues regarding sources of law 61 5.3 Interaction of Remedies 65 5.4 Towards a Solution 68 Appendix A: Divorce Procedures in Biblical Times 71 Appendix B: Secular Laws Inhibiting Civil Divorce in the Absence of a Get 72 References (Secondary Literature) 73 1.0 History and Authority 1.1 Not infrequently, the problem of agunah1 (I refer throughout to the victim of a recalcitrant, not a 1 The verb from which the noun agunah derives occurs once in the Hebrew Bible, of the situations of Ruth and Orpah. In Ruth 1:12-13, Naomi tells her widowed daughters-in-law to go home. -
Minyan Vs. Medicine ... משנה שלוחי מצוה פטורין מן הסוכה ... " רט לעוסק במצוה פ
Minyan vs. Medicine R' Mordechai Torczyner – [email protected] A core principle: One who is involved in a mitzvah is exempt from further mitzvot 1. Talmud, Succah 25a-b משנה שלוחי מצוה פטורין מן הסוכה... גמרא מנא הני מילי דתנו רבנן "'בשבתך בביתך' פרט לעוסק במצוה"... והעוסק במצוה פטור מן המצוה מהכא נפקא? מהתם נפקא דתניא "'ויהי אנשים אשר היו טמאים לנפש אדם וכו'' אותם אנשים מי היו? נושאי ארונו של יוסף היו, דברי רבי יוסי הגלילי. רבי עקיבא אומר מישאל ואלצפן היו שהיו עוסקין בנדב ואביהוא. רבי יצחק אומר אם נושאי ארונו של יוסף היו כבר היו יכולין ליטהר, אם מישאל ואלצפן היו יכולין היו ליטהר! אלא עוסקין במת מצוה היו..."! צריכא, דאי אשמעינן התם משום דלא מטא זמן חיובא דפסח, אבל הכא דמטא זמן קריאת שמע אימא לא, צריכא. ואי אשמעינן הכא משום דליכא כרת, אבל התם דאיכא כרת אימא לא, צריכא... תניא "אמר רבי חנניא בן עקביא כותבי ספרים תפילין ומזוזות הן ותגריהן ותגרי תגריהן וכל העוסקין במלאכת שמים לאתויי מוכרי תכלת פטורין מקריאת שמע ומן התפילה ומן התפילין ומכל מצות האמורות בתורה, לקיים דברי רבי יוסי הגלילי שהיה רבי יוסי הגלילי אומר העוסק במצוה פטור מן המצוה." תנו רבנן "הולכי דרכים ביום פטורין מן הסוכה ביום וחייבין בלילה. הולכי דרכים בלילה פטורין מן הסוכה בלילה וחייבין ביום. הולכי דרכים ביום ובלילה פטורין מן הסוכה בין ביום ובין בלילה. הולכין לדבר מצוה פטורין בין ביום ובין בלילה." Mishnah: Those who are on a mitzvah mission are exempt from Succah. Gemara: How do we know this? The sages taught, "'When you lie down in your house' excludes one who is involved in a mitzvah"… But do we learn [this lesson] from this source? It is deduced from that: "'And there were men who were impure from contact with the dead' – Who were those men? The bearers of Joseph's casket, per R' Yosi haGlili. -
The Babylonian Talmud
The Babylonian Talmud translated by MICHAEL L. RODKINSON Book 10 (Vols. I and II) [1918] The History of the Talmud Volume I. Volume II. Volume I: History of the Talmud Title Page Preface Contents of Volume I. Introduction Chapter I: Origin of the Talmud Chapter II: Development of the Talmud in the First Century Chapter III: Persecution of the Talmud from the destruction of the Temple to the Third Century Chapter IV: Development of the Talmud in the Third Century Chapter V: The Two Talmuds Chapter IV: The Sixth Century: Persian and Byzantine Persecution of the Talmud Chapter VII: The Eight Century: the Persecution of the Talmud by the Karaites Chapter VIII: Islam and Its Influence on the Talmud Chapter IX: The Period of Greatest Diffusion of Talmudic Study Chapter X: The Spanish Writers on the Talmud Chapter XI: Talmudic Scholars of Germany and Northern France Chapter XII: The Doctors of France; Authors of the Tosphoth Chapter XIII: Religious Disputes of All Periods Chapter XIV: The Talmud in the Sixteenth and Seventeenth Centuries Chapter XV. Polemics with Muslims and Frankists Chapter XVI: Persecution during the Seventeenth Century Chapter XVII: Attacks on the Talmud in the Nineteenth Century Chapter XVIII. The Affair of Rohling-Bloch Chapter XIX: Exilarchs, Talmud at the Stake and Its Development at the Present Time Appendix A. Appendix B Volume II: Historical and Literary Introduction to the New Edition of the Talmud Contents of Volume II Part I: Chapter I: The Combination of the Gemara, The Sophrim and the Eshcalath Chapter II: The Generations of the Tanaim Chapter III: The Amoraim or Expounders of the Mishna Chapter IV: The Classification of Halakha and Hagada in the Contents of the Gemara. -
Guardianship for Orphans in Talmudic Law
Guardianship for Orphans in Talmudic law AMIHAI RADZYNER ABSTRACT The article reviews the Talmudic institution of guardianship for orphans, as it appears in sources from Palestine and Babylon, mostly from the second to the fifth centuries CE. It is likely that the foundations of this institution are found in foreign law, but after it was absorbed in Jewish law, it began to build an independent life, and was not necessarily affected by its legal system of origin. The design of the institution was mainly conducted by the Jewish sages of the second-century (Tannaim). The Mishnah and Tosefta are already showing a fairly well-developed system of guardianship laws. This system was not changed substantially afterward, and the later Talmudic sages (Amoraim) continued to develop the institution upon the foundation created by their pre- decessors. The Talmudic sources present a fairly well-developed institution, from its creation through the duties of the guardian during his tenure to the end of the guardianship term. 245 INTRODUCTION It seems that like in other instances, the Greek term for guardian – epitropos which appears many times in Talmudic literature shows us ,1('אפוטרופוס') that it involves an institution which was created in Talmudic law under the influence of Greek and Roman Law, two legal traditions that were prevalent in Palestine at the time of the creation of the institution of guardianship.2 This does not mean, at the same time that the principles of the laws of Talmudic guardianship, which I shall not discuss in this short article, are identical to those of any known Greek or Roman law.3 Within this framework I shall con- fine my analysis to Talmudic Law and its principles exclusively. -
The Israel Koschitzky Virtual Beit Midrash
The Israel Koschitzky Virtual Beit Midrash Special Holiday Shiur Yeshivat Har Etzion CHANUKA AND PURIM: A STUDY OF THEIR DIFFERENCES by Rabbi Nathaniel Helfgot I - Introduction From a purely halakhic point of view, we generally regard Chanuka and Purim as equal in status. Both festivals are de-rabanan (rabbinically mandated), and the issue of "pirsum ha-nes" (publicizing the miracle) is central to both of them. This trend of thought finds expression in the Rambam's Mishneh Torah. As opposed to the other festivals, the halakhot of which are all dealt with individually - e.g. Hilkhot Shevitat He-asor (Yom Kippur), Hilkhot Chametz U-matza (Pesach) etc., the Rambam gives a joint heading to the laws of Chanuka and Purim: Hilkhot Megilla Ve- Chanuka. The first two chapters deal with the laws of Purim, and the third and fourth chapters deal with the laws of Chanuka. In addition, the Rambam further emphasizes the connection between these two festivals in his laws of Chanuka. In 3:3 he writes: And these days are called Chanuka, and eulogies and fasting are forbidden on them as on the days of Purim. And it is a mitzva to light candles on these days based on divrei soferim, as is the reading of the Megilla. And further on, in halakha 4, the Rambam draws the following parallel: All those obligated to hear the reading of the Megilla are also obligated to light candles on Chanuka. II - Differences Based on "Divrei Kabbala" Clearly, though, these quotations do not reflect the whole picture. The most obvious difference between Chanuka and Purim is that in contrast to Chanuka, on Purim we have a text - Megillat Ester, which is part of the kitvei kodesh. -
Scholarly Lineage of Prominent Tannaim
Source Sheet Class 3-2000 Years of Jewish History-Rabbi Menachem Levine Source 1 Scholarly lineage of prominent tannaim Rabbis of the Mishnah : Chronology & Hierarchy Teacher→Student Father→Son Hillel Shammai Gamaliel the Johanan b. Zakai Elder R. Jose the Eliezer b. Joshua b. Eleazar b. Eleazar b. Gamaliel Galilean Hyrcanus Hananiah Arach Azariah Elisha b. Ishmael Akiva Tarfon Abuyah b. Elisha Shimon b. Nathan Meir Judah b. Ilai Jose b. Halafta Yohai Judah Hiyya Oshiah haNasi Source: http://en.wikipedia.org/wiki/Tannaim Source 2 The Oral Torah was originally meant to be transmitted by word of mouth. It was transmitted from master to student in such a manner that if the student had any question, he would be able to ask, and thus avoid ambiguity. A written text, on the other hand, no matter how perfect, is always subject to misinterpretation…. If the entire Torah would have been given in writing, everyone would be able to interpret it as he desired. This would lead to division and discord among people who followed the Torah in different ways. The Oral Torah, on the other hand, would require a central authority to preserve it, thus assuring the unity of Israel. Rabbi Aryeh Kaplan, Handbook of Jewish Thought, Moznaim 1979, p.179 Source 3 12 Our Holy Teacher wrote the Mishnah. From the time of Moshe to Our Holy Teacher, no one had written a work from which the Oral Law was publicly taught. Rather, in each generation, the head of the then existing court or the prophet of the time wrote down for his private use notes on the traditions he had heard from his teachers, and he taught in public from memory. -
Simanim Summaries
Eruvin - Simanim דף ב – Daf 2 קורה Lowering a .1 The opening Mishnah states that if a mavoi has a korah (crossbeam) placed at the entrance higher than twenty amos, the korah must be lowered. Rebbe Yehudah says it does not need to be lowered. The Chochomim derive – חכמים לא למדוה אלא מפתחו של היכל ,Rav Yehudah said in the name of Rav Rebbe - רבי יהודה לא למדה אלא מפתחו של אולם their ruling from the entrance of the Heichal, and Yehudah, derived his ruling from the entranceway of the Antechamber, and it is stated in a Mishnah in The entranceway to the Heichal was twenty –פתחו של היכל גבהו עשרים אמה ורחבו עשר אמות ,Middos and the entranceway to the –ושל אולם גבהו ארבעים אמה ורחבו עשרים ,amos high and ten amos wide antechamber was forty amos high and twenty amos wide. 2. The Mishkan is called Mikdash and vice versa The Gemara went on to elaborate how both the Chochomim and Rebbe Yehudah derive their rulings And he shall slaughter [the offering] at the entranceway – ושחטו פתח אהל מועד ,from the same passuk of the Ohel Moed. The Gemara questions how the Chochomim and Rebbe Yehudah can base their dispute on a passuk אשכחן משכן ,referring to the Ohel Moed whose entranceway was only ten amos high, and answers We find in the Torah that the Mishkan is sometimes called, “the – דאיקרי מקדש ומקדש דאיקרי משכן ועשו לי מקדש ,Mikdash”, and sometimes the Mikdash is called “the Mishkan”, as it says in the passuk And they shall make for Me a ‘mikdash’ and I will dwell in their midst. -
Texts and Traditions
Texts and Traditions A Source Reader for the Study of Second Temple and Rabbinic Judaism COMPILED, EDITED, AND INTRODUCED BY Lawrence H. Schiffinan KTAV PUBLISHING HOUSE, INC. 1998 518 Texts and Traditions Chapter 10: Mishnah: The New Scripture 519 tory only those observances which are in the written word, but need not ancient customs. For customs are unwritten laws, the decisions approved observe those which are derived from the tradition of our forefathers. by ~en of old, not inscribed on monuments nor on leaves of paper which the moth destroys, but on the souls of those who are partners in 10.2.2 Philo, The Special Laws IV, 143-150: 40 the. same c~tizenship. For children ought to inherit from their parents, Written and Unwritten Law besides their property, ancestral customs which they were reared in and Philo discusses both the immortality of the written law} and the obligation have lived with even from the cradle, and not despise them because they of observing the customs, the unwritten law. Although the Greek world had a h~ve been handed down without written record. Praise cannot be duly concept of unwritten law, Philo's view is clearly informed by Jewish tradition given to one who obeys the written laws, since he acts under the admoni and by the Pharisaic concept of tradition. tion of restraint ~nd the fear of punishment. But he who faithfully observes the unwritten deserves commendation, since the virtue which he ~ displays is freely willed. Another most admirable injunction is that nothing should be added or 10.2.3 Mark 7: The Pharisees and Purity taken away,41 but all the laws originally ordained should be kept unaltered just as.