Is Scripture The Origin Of The Halakhah

The Halakhah constitutes a coherent construction comprised by category-formations defined by topics purposively amplified. These category-formations everywhere pursue a cogent analytical program, addressing diverse subjects, treated systematically, a single set of questions of definition and analysis. Is Scripture the origin of the Halakhic system, which defines the norms of Judaism? At stake is not the starting point of discrete bits of legal data. At issue is the origin of the comprehensive structure comprised by the Halakhic category-formations, by these topics and no others. Scripture forms the natural starting point for any inquiry into the origins of Judaism. So it is quite natural to treat Scripture as the base-line and the Halakhic category-formations as the variable when seeking the origin of the system. But what happens when, as in this project, we treat the system as the base-line and Scripture as the variable? Then we see that the Halakhic system viewed as a coherent statement does not originate in Scripture. Important parts of that statement do, important parts do not. But the system viewed whole does not.

Halakhah in the Making offers the first comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (halakhah). Aharon Shemesh's pioneering study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT-a polemical letter by Dead Sea sectarians concerning points of Jewish law-an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this important topic written in plain language and accessible to nonspecialists in the history of Jewish law.

These essays explore the Jewish background to central issues in the New Testament -letter and spirit, prophecy and law, forgiveness, the accounts of Jesus' "trial(s)," evidence required for legal/theological claims, the shepherding images, disinheritance, and teachings on marriage and divorce.

Why did the Gentile church keep Old Testament commandments about sex and idolatry, but disregard many others, like those about food or ritual purity? If there were any binding norms, what made them so, and on what basis were they articulated?In this important study, Markus Bockmuehl approaches such questions by examining the halakhic (Jewish legal) rationale behind the ethics of Jesus, Paul and the early Christians. He offers fresh and often unexpected answers based on careful biblical and historical study. His arguments have far-reaching implications not only for the study of the New Testament, but more broadly for the relationship between Christianity and Judaism.

Of the few that have produced such legal codes, Judaism is perhaps the most law-oriented. But though much has been published on Judaism's legal aspects, little of it relates to the coordination of its legal and theological sides. It is therefore altogether appropriate that Rabbi Emanuel Rackman, one of the few who has, is a trained lawyer as well as a rabbi.

Assessed against comparable documents of Scripture and the Qumran library, the Mishnah shows itself as a triumph of imagination. It exhibits remarkable capacity to think in new and astonishing ways about familiar things. This study compares the Mishnah to four biblical codes and two codes found among the Dead Sea Scrolls. The comparison provides perspective upon the uniqueness of the Mishnah in its Israelite context of Scripture and tradition. Linked to Scripture and in dialogue with Scripture, the Mishnah struck out in new paths altogether from those set forth by Scripture's codes and those that imitated them. The capacity to think in fresh ways about the Scripture's own imperatives and their implications attests to the validity of Rabbinic imagination that reaches concrete expression in the Mishnah, a triumph of reconstruction and creative recapitulation.

In this title Jacob Neusner continues his project of making clear the importance of the first six centuries of the Common Era in the history of Judaism.