Law And Self Knowledge In The Talmud

Highlights the emergence of self-knowledge in rabbinic literature, showing how Babylonian rabbis relied on knowledge accessible only to the individual to determine the law.

Intention in Talmudic Law: Between Thought and Deed offers a comprehensive history of intention in rabbinic classical law, tracing developments in legal thought, and demonstrating how intention became a nuanced, differentially applied concept across a wide array of legal realms.

Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.

The Talmud's Red Fence explores how rituals and beliefs concerning menstruation in the Babylonian Talmud and neighboring Sasanian religious texts were animated by difference and differentiation. It argues that the practice and development of menstrual rituals in Babylonian Judaism was a product of the religious terrain of the Sasanian Empire, where groups like Syriac Christians, Mandaeans, Zoroastrians, and Jews defined themselves in part based on how they approached menstrual impurity. It demonstrates that menstruation was highly charged in Babylonian Judaism and Sasanian Zoroastrian, where menstrual discharge was conceived of as highly productive female seed yet at the same time as stemming from either primordial sin (Eve eating from the tree) or evil (Ahrimen's kiss). It argues that competition between rabbis and Zoroastrians concerning menstrual purity put pressure on the Talmudic system, for instance in the unusual development of an expert diagnostic system of discharges. It shows how Babylonian rabbis seriously considered removing women from the home during the menstrual period, as Mandaeans and Zoroastrians did, yet in the end deemed this possibility too "heretical." Finally, it examines three cases of Babylonian Jewish women initiating menstrual practices that carved out autonomous female space. One of these, the extension of menstrual impurity beyond the biblically mandated seven days, is paralleled in both Zoroastrian Middle Persian and Mandaic texts. Ultimately, Talmudic menstrual purity is shown to be driven by difference in its binary structure of pure and impure; in gendered terms; on a social axis between Jews and Sasanian non-Jewish communities; and textually in the way the Palestinian and Babylonian Talmuds took shape in late antiquity.

How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.

This book offers new perspectives on animals and animality from the vantage point of the rabbis of the Babylonian Talmud.

This innovative study sees the relationship between Athens and Jerusalem through the lens of the Platonic dialogues and the Talmud. Howland argues that these texts are animated by comparable conceptions of the proper roles of inquiry and reasoned debate in religious life, and by a profound awareness of the limits of our understanding of things divine. Insightful readings of Plato's Apology, Euthyphro and chapter three of tractate Ta'anit explore the relationship of prophets and philosophers, fathers and sons, and gods and men (among other themes), bringing to light the tension between rational inquiry and faith that is essential to the speeches and deeds of both Socrates and the Talmudic sages. In reflecting on the pedagogy of these texts, Howland shows in detail how Talmudic aggadah and Platonic drama and narrative speak to different sorts of readers in seeking mimetically to convey the living ethos of rabbinic Judaism and Socratic philosophising.