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Changing the Subject: Rabbinic Legal Process in the Absence of Justification
- Author(s):
- Jordan Rosenblum (see profile)
- Date:
- 2015
- Group(s):
- Ancient Jew Review
- Subject(s):
- Judaism--Post-exilic period (Judaism), Judaism, Rabbis, Judaism--Study and teaching, Talmud
- Item Type:
- Article
- Tag(s):
- Jewish law, legal history, Early Judaism, Rabbinic studies, Talmud, Midrash, and Rabbinics, Talmudic studies
- Permanent URL:
- http://dx.doi.org/10.17613/M6BQ1V
- Abstract:
- This essay explores how changing the subject can function as a valid legal process in classical rabbinic literature. In order to do so, it first establishes standard rabbinic legal procedure, in which the legal reasoning for arguments is debated and either supported or refuted. Next, it discusses cases that do not fit this pattern: namely, those in which a rabbi, faced with a contradictory or complex argument, changes the subject rather than his reasoning or ruling. Through a discussion of such cases, this essay argues that, while not preferable, changing the subject can in fact be a valid rabbinic legal process.
- Metadata:
- xml
- Published as:
- Journal article Show details
- Pub. DOI:
- doi 10.1163/15700704-12341275
- Publisher:
- Brill Academic Publishers
- Pub. Date:
- 2015-3-7
- Journal:
- Review of Rabbinic Judaism
- Volume:
- 18
- Issue:
- 1
- Page Range:
- 23 - 36
- ISSN:
- 1568-4857,1570-0704
- Status:
- Published
- Last Updated:
- 6 years ago
- License:
- All Rights Reserved
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