Comparative Hermeneutics of Rabbinic Judaism, The, Volume Three: Seder NiziqinHermeneutics, conventionally defined as “theory of interpretation,” in Rabbinic Judaism finds its data in the modes of analytical thought that produce useful knowledge out of the facts deriving from three sources. These sources are [1] the Torah, Scripture and tradition, [2] nature, and [3] the social order constituted by holy Israel, the latter two as contemplated and classified to begin with by the Torah. These data require structure, proportion, order, balance and rationalization. What theory of interpretation identifies among those data points of likeness and contrast that define category-formations of cogency and proportion? That is the question I systematically answer, following the sequence of the Halakhic category-formations of the Mishnah-Tosefta-Yerushalmi-Bavli. Hermeneutics then articulates the results of a distinctive mode of thought, and, in the Halakhah, it is the analogical-contrastive kind. That is to say, analytical thought defining the category-formations that are subject to hermeneutical reflection proceeds in accord with the rules of analogical-contrastive thinking. |
Contents
TRACTATE BABA QAMMA | 1 |
Documentary Traits | 59 |
TRACTATE BABA BATRA | 123 |
Documentary Traits | 175 |
THE HERMENEUTICS OF THE BABAS | 181 |
TRACTATE SANHEDRINMAKKOT | 219 |
by the MishnahToseftaYerushalmiBavli Sanhedrin | 228 |
Documentary Traits | 282 |
TRACTATE SHEBUOT | 301 |
by the MishnahToseftaYerushalmiBavli | 312 |
Documentary Traits | 340 |
TRACTATE ABODAH ZARAH | 347 |
by the MishnahToseftaYerushalmiBavli | 361 |
Documentary Traits | 386 |
The Hermeneutics of Abodah Zarah | 392 |
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Common terms and phrases
Aggadah Aggadic analogical-contrastive anointed asherah atonement attested danger Baba Batra Baba Mesia Baba Qamma bailment Bavli beast belonging borrower bring category-formation claim collect concerning court courtyard damages death penalty deemed harmless denar Deut exempt exile exposition father fellow field flogging forbidden four cubits gave gentile give God's Halakhah Halakhic hand hermeneutics high priest hired householder hundred zuz idol idolatry impose an oath inadvertently injured intentionality Israel Israelite killed Land of Israel liable Lord mamzer maneh matter Mishnah Oral Torah owner paid bailee party pay compensation permitted person prohibited public domain purchase put to death Rabbinic Judaism responsibility restitution rule sages Sanhedrin says Scripture sela sell sharecrops sins or crimes slave So-and-so sold someone stolen stone take an oath takes precedence Talmud testimony things tion topic Torah Tosefta tractate transactions uncleanness usury utensils wine witnesses woman