|
" Plague, Practice, and Prescriptive Text "
Moshe Dovid Chechik, Tamara Morsel-Eisenberg
| Document Type
|
:
|
AL
|
| Record Number
|
:
|
1072522
|
| Doc. No
|
:
|
LA116151
|
| Call No
|
:
|
10.1163/22124810-2020014
|
| Language of Document
|
:
|
English
|
| Main Entry
|
:
|
Moshe Dovid Chechik
|
|
|
:
|
Tamara Morsel-Eisenberg
|
| Title & Author
|
:
|
Plague, Practice, and Prescriptive Text [Article]\ Moshe Dovid Chechik, Tamara Morsel-Eisenberg
|
| Publication Statement
|
:
|
Leiden: Brill | Nijhoff
|
| Title of Periodical
|
:
|
Journal of Law, Religion and State
|
| Date
|
:
|
2020
|
| Volume/ Issue Number
|
:
|
8/2-3
|
| Page No
|
:
|
152–178
|
| Abstract
|
:
|
This article studies the fate of a contradiction between practice and prescriptive text in 16th-century Ashkenaz. The practice was fleeing a plagued city, which contradicted a Talmudic passage requiring self-isolation at home when plague strikes. The emergence of this contradiction as a halakhic problem and its various forms of resolution are analyzed as a case study for the development of halakhic literature in early modern Ashkenaz. The Talmudic text was not considered a challenge to the accepted practice prior to the early modern period. The conflict between practice and Talmud gradually emerged as a halakhic problem in 15th-century rabbinic sources. These sources mixed legal and non-legal material, leaving the status of this contradiction ambiguous. The 16th century saw a variety of solutions to the problem in different halakhic writings, each with their own dynamics, type of authority, possibilities, and limitations. This variety reflects the crystallization of separate genres of halakhic literature. This article studies the fate of a contradiction between practice and prescriptive text in 16th-century Ashkenaz. The practice was fleeing a plagued city, which contradicted a Talmudic passage requiring self-isolation at home when plague strikes. The emergence of this contradiction as a halakhic problem and its various forms of resolution are analyzed as a case study for the development of halakhic literature in early modern Ashkenaz. The Talmudic text was not considered a challenge to the accepted practice prior to the early modern period. The conflict between practice and Talmud gradually emerged as a halakhic problem in 15th-century rabbinic sources. These sources mixed legal and non-legal material, leaving the status of this contradiction ambiguous. The 16th century saw a variety of solutions to the problem in different halakhic writings, each with their own dynamics, type of authority, possibilities, and limitations. This variety reflects the crystallization of separate genres of halakhic literature.
|
| Descriptor
|
:
|
Comparative Law
|
| Descriptor
|
:
|
Comparative Religion Religious Studies
|
| Descriptor
|
:
|
early modern
|
| Descriptor
|
:
|
Human Rights and Humanitarian Law
|
| Descriptor
|
:
|
International Law
|
| Descriptor
|
:
|
Islamic Law
|
| Descriptor
|
:
|
Jewish law
|
| Descriptor
|
:
|
Middle East and Islamic Studies
|
| Descriptor
|
:
|
plague
|
| Descriptor
|
:
|
Religion Society
|
| Descriptor
|
:
|
Religious Studies
|
| Descriptor
|
:
|
Social Sciences
|
| Location & Call number
|
:
|
10.1163/22124810-2020014
|
| |