A systematic attempt to understand the rabbinic world through its approach to confronting uncertainty
In the history of halakhah, the treatment of uncertainty became one of the most complex fields of intense study. In his latest book, Moshe Halbertal focuses on examining the point of origin of the study of uncertainty in early rabbinic literature, including the Mishnah, Tosefta, and halakhic midrashim. Halbertal explores instructions concerning how to behave in situations of uncertainty ranging from matters of ritual purity, to lineage and marriage, to monetary law, and to the laws of forbidden foods. This examination of the rules of uncertainty introduced in early rabbinic literature reveals that these rules were not aimed at avoiding but rather at dwelling in the midst of uncertainty, thus rejecting the sectarian isolationism that sought to minimize a community’s experience of and friction with uncertainty.
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A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.
The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.
During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.
The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
This revised and expanded English edition of Bernd U. Schipper’s 2012 Hermeneutik der Tora incorporates the results of his continued research and writings on Proverbs. For nearly a century, many biblical scholars have argued that the main theological traditions, such as the divine law, God’s torah, do not appear in the book of Proverbs. In this volume, however, Schipper demonstrates that Proverbs interacts in a sophisticated way with the concept of the torah. A detailed analysis of Proverbs 2 and other passages from the first part of the book of Proverbs shows that Proverbs engages in a postexilic discourse around “wisdom and torah” concerning the abilities of humans to fulfill the will of YHWH exemplified in the divine torah.
Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. His in-depth study of Islamic law—its sources, legal schools, and extensive legal literature—together with his expertise in the wide range of geonic and rabbinic literature enable him to determine the influence of Muslim practice on geonic custom.
In both systems of law the growth of custom was a reaction to the general culture. He shows conclusively how custom in both systems of law served as a conduit for the absorption of changes, thus helping to bridge the gap between the authoritative legal systems and the practical realities of the environment. Libson's contribution to the study of comparative Jewish and Islamic law during the geonic period will be of value to scholars engaged in the study of comparative law.
Now in Paperback!
In the past thirty years, the Mishnah has taken its place as a principal focus in the academic study of religion and of Judaism. Many university scholars have participated in the contemporary revolution in the description, analysis, and interpretation of the Mishnah. Nearly all the publishing scholars of the academy who are now at work are represented in this project. Both essential volumes present a broad selection of approaches to the study of the Mishnah. What they prove in diverse ways is that the Mishnah defines the critical focus of the study of Judaism. It is a document that rewards study in the academic humanities.
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A view of Persian and Hellenistic Judean communities through theological and socioeconomic lenses
Johannes Unsok Ro employs philological, historical, and sociological approaches to investigate the close connections between socioeconomic structures, social inequality, and theological developments in the Judean communities in Persian- and Hellenistic-era Palestine. Ro contends that competing points of view from communities of lay returnees, priestly returnees, and communities of resident Judeans and Samaritans were juxtaposed within the Hebrew Bible, which took shape during the postexilic period. By exploring issues such as the relationship between the shaping of the canon and literacy in the Judean community, the term strangers in the biblical law codes, the socioeconomic structures of Judean communities reflected in the biblical law codes, the development of the theological concept of divine punitive justice, the piety of the poor in certain psalms, and the concept of poverty in the Dead Sea Scrolls, Ro illustrates that the communities behind each text and its redactions can be ascertained through sociological and theological lenses.
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Explore the lengthy history of legal metaphors in ancient prayer
In biblical and other ancient Near Eastern sources, prayer is an opportunity to make one’s case before divine judges. Prayers were formulated using courtroom or trial language, including demands for judgment, confessions, and accusations. The presence of these legal concepts reveals ancient Near Eastern thoughts about what takes place when one prays. Holtz highlights legal concepts that appear in prayers, including the motif of the speakers' oppression in Psalms the possibility of countersuit against God through prayer, and divine attention and inattention as legal responses. By reading ancient prayers together with legal texts, this book shows how speakers took advantage of prayer as an opportunity to have their day in the divine court and even sue against divine injustice.
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