Division between torah law and rabbinic law
o E.g. rabbinic prohibition against doing business on Shabbat for preserving character of the day
o Also cannot discuss what is prohibited
Melacha: 39 categories each called an av, all enumerated in sev
MISHNAH and MARRIAGE
Why use the word acquire? Talmud makes scriptural connection by noting that this word is used because
money is involved.
In the Torah the word is a derivative of mekadesh , kodesh meaning H
* *Appendix starting 279 details all of the tractates*
It does not ask what is the purpose of this law but WHAT IS THE SUBJECT
Why doesnt it ask the purpose? Torah as basic norm, problem of memorization
(therefore it makes sense to have clear divisions
MISHNAH, central text of oral law, is in 6 orders, tractates (masechet/masechot): split into
chapters that are further split into mishnaoit (between 7 and 15). Each Mishnah is a short
paragraph, usually attributed to sages or rabbis.
Not usually a PRESCR
Halakha: root Halokh, to walk, halakha is the act of walking and the way that one walks in the
Rabbi Cook (head Rabbi of Palestinian mandate prior to creation of Israel) points out that
walking takes you further from your starting point
MAIMONEDES did a new thing by taking Jewish laws and arranging tem by topic: up until
then, there had been other codifiers, but they discussed laws in the same manner that the Talmud
did (somewhat scattered, not completely arranged)
Mishnei Torah: 14 boo
If the baraita spells out the four guardians, why do the later sages go beyond just trusting the
Tannaim and try to find out from where do we know this?
- When you just have many rulings, it stays outside of you as something artificial that you
can just m
Least responsible to most responsible:
1. Unpaid watchman : takes an oath, does not have to pay (if it wasnt due to his
negligence), but pays double if he is found to have stolen it
the least while giving you the most]
2. Renter and paid watchman
Klal: general rule (klalim): there is a general rule on how to resolve disputes (e.g. Yohanan vs.
Ben Lakish, Yohanan wins)
The torah law is not SUPERCEDED by rabbinic law: if a fire destroys an object that was
paid for but not taken, the law means that
The most flexible of the laws, the most willing to take into account local circumstances (not
static like religious worship and relationship laws)
- The value of money is not in the money, it is in our heads: needs a societal context
- Money can
BAAL, Hebrew term for husband, means Master.
- In Ezekiel, prophet Isaiah states that the relationship between God and the Jews is of
wife and master, but that the time will come when its equalized, not master but man,
woman and man
- Ideal of equalisatio
Office hours Tuesday after class
TORAH comes from the Hebrew verb lehorot, literally it means to teach.
Halakha constitutes the practical application of the 613 mitzvot ("commandments", singular: mitzvah) in the Torah, (the
five books of Moses, the "Writt