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.
مجموعه
تاريخ نشر
2020
توصيف ظاهري
152-178
عنوان
Journal of Law, Religion and State
شماره جلد
8/2-3
شماره استاندارد بين المللي پياييندها
2212-4810
اصطلاحهای موضوعی کنترل نشده
اصطلاح موضوعی
Comparative Law
اصطلاح موضوعی
Comparative Religion & Religious Studies
اصطلاح موضوعی
early modern
اصطلاح موضوعی
Human Rights and Humanitarian Law
اصطلاح موضوعی
International Law
اصطلاح موضوعی
Islamic Law
اصطلاح موضوعی
Jewish law
اصطلاح موضوعی
Middle East and Islamic Studies
اصطلاح موضوعی
plague
اصطلاح موضوعی
Religion & Society
اصطلاح موضوعی
Religious Studies
اصطلاح موضوعی
Social Sciences
نام شخص به منزله سر شناسه - (مسئولیت معنوی درجه اول )