Download The Legal Methodology of Late Nehardean Sages in Sasanian by Barak S Cohen PDF

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By Barak S Cohen

This publication contains a scientific research of the halakhic/legal method of fourth and 5th century Nehardean amoraim in Babylonia (as good as their id and dating). The e-book uncovers numerous distinctive features found in the halakhic choice making and resource interpretation, and demonstrates how sure amoraim should be characterised as portraying constant interpretive and felony techniques all through talmudic literature. knowing the methodological features that distinguish a few amoraim from different amoraim can relief the talmudic interpreter/scholar in clarifying the criminal foundations in their rulings, the proofs that they carry inside of talmudic discourse, in addition to their disputes and interpretations. this permits a greater knowing of the advance of Jewish legislation and the felony approach in talmudic Babylonia.

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For example, R. Elazar in front of Samuel (b. Ketubbot 77a); R. Huna the son of R. Joshua before Rava (b. Eruvin 63b); R. Papa who “states” in front of Rava (b. Pesahim 60b); R. Ashi who “states” in front of R. Kahana (b. Bava Metzi’a 35a; ibid. 92a; b. Bava Qamma 24b); R. Kahana who is often found reporting traditions in front of R. Zebid of Nehardea (for instance b. Bava Qamma 16a; ibid. 71b; b. Bava Metzi’a 69a); R. Mordecai who reports a tradition in front of R. Ashi (b. Ketubbot 87a). For a discussion of the hierarchical relationship between the reporter and the sage in front of whom he reports see: A.

148. Furthermore, these important studies tend to support the findings presented here. See, for instance, below, chapter two, p. 97 footnote 270, and chapter four, p. 148. introduction 23 Amemar’s unusual methodology by either emending his statements, or by ascribing them or parts thereof to a later editor. A foundational assumption among modern talmudic researchers is that strained interpretations and statements ascribed to amoraim are a sign that the words may not accurately reflect what the amora actually said, and that later interpolations may have crept into his statement.

153. 10 b. Gittin 19b (following Mss. 1, Vatican 130 and Vatican 140): “Ravina said: Meremar said to me (amar li ): thus said Amemar in the name of R. Dimi of Nehardea [hakhi amar Amemar mishmeh de-rav dimi minehardea]);” b. Hullin 51b: “Amemar said [amar] in the name of [mishmeh] R. ” These formulae (and the like) reflect a situation in which a pupil quotes a halakhic tradition in the name of his master, or a lesser sage quotes his superior. See: A. ], 102. 11 For the year of R. Dimi of Nehardea’s death, see Seder Tannaim ve-Amoraim, 5; The Epistle of Rav Sherira Ga’on, 90.

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