- Copyright Page
- List of Abbreviations
- List of Contributors
- Introduction: Vistas in the Study of Biblical Law
- Covenant
- Social Justice
- Offenses Against Human Beings in Private and Public Law
- Litigation: Trial Procedure, Jurisdiction, Evidence, Testimony
- Women, Children, Slaves, and Foreigners
- Ritual Law: Sacrifice and Holy Days
- Purity and Sancta Desecration in Ritual Law
- “An Eye for an Eye” and Capital Punishment
- The Decalogue
- The Book of the Covenant
- Priestly Law
- Deuteronomy and the Deuteronomic Reform
- Law and Narrative
- Determining the Date of Biblical Legal Texts
- The Role of Law in the Formation of the Pentateuch and the Canon
- The Law and the Prophets
- Law in the Wisdom Tradition
- Ancient Near Eastern Law Collections and Legal Forms and Institutions
- Ancient Near Eastern Treaties/Loyalty Oaths and Biblical Law
- Monarchy and Law in the Pre-Exilic Period
- Law in the Persian Period
- The Law in the Late Second Temple Period
- The Bible and the Sources of Rabbinic Law
- The Law and the Gospels, with Attention to the Relationship Between the Decalogue and the Sermon on the Mount/Plain
- Ethical and Moral Duties in Rabbinic Judaism
- Paul and the Covenant
- Rabbinic Law
- Ritual Law in Rabbinic Judaism
- Women, Children, and Slaves in Rabbinic Law
- Women, Children, Slaves, and the Law in the New Testament Period
- Social Justice in Early Christianity
- Social Justice in Rabbinic Judaism
- Index of Citations
- Index of Modern Authors
- Index of Subjects
Abstract and Keywords
There are two aspects to the question of the relation between biblical law and rabbinic halakhah: the historical one, which refers to the continuum between the two cultures, and the creative one, which refers to the conscious efforts of the rabbis to interpret the biblical text and to deduce halakhic details from it. This chapter deals primarily with the second aspect, and surveys the state of research of the literature of halakhic midrashim—focusing on their division into two tannaitic schools—as well as of the place of midrash in other rabbinic compilations, notably the Babylonian Talmud. Following this survey the chapter discusses several relevant historical questions, especially the question whether midrash is the true source of halakhah, or just a method to artificially link pre-existing halakhot to the biblical text. Based on the view that the nature of midrash is the impetus to extract from the biblical text answers to all halakhic questions which bother the reader, whether or not they are actually referred to in the text, the chapter suggests several arguments in favor of the former view. The chapter concludes with a discussion of the great historical question of the continuity between biblical law and rabbinic halakhah. The chapter proposes studying halakhah from a longue durée perspective, which will enable us to approach this question on an evidential basis, and sketches some of the methodologies and research developments needed to advance this goal.
Keywords: biblical law, halakhah, midrash, rabbinic literature
Avi Shveka has a PhD from the Department of Bible at the Hebrew University of Jerusalem. His main fields of interests are Hebrew Bible, Rabbinic Literature, Classical Hebrew, and Hebrew Epigraphy.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.
- Copyright Page
- List of Abbreviations
- List of Contributors
- Introduction: Vistas in the Study of Biblical Law
- Covenant
- Social Justice
- Offenses Against Human Beings in Private and Public Law
- Litigation: Trial Procedure, Jurisdiction, Evidence, Testimony
- Women, Children, Slaves, and Foreigners
- Ritual Law: Sacrifice and Holy Days
- Purity and Sancta Desecration in Ritual Law
- “An Eye for an Eye” and Capital Punishment
- The Decalogue
- The Book of the Covenant
- Priestly Law
- Deuteronomy and the Deuteronomic Reform
- Law and Narrative
- Determining the Date of Biblical Legal Texts
- The Role of Law in the Formation of the Pentateuch and the Canon
- The Law and the Prophets
- Law in the Wisdom Tradition
- Ancient Near Eastern Law Collections and Legal Forms and Institutions
- Ancient Near Eastern Treaties/Loyalty Oaths and Biblical Law
- Monarchy and Law in the Pre-Exilic Period
- Law in the Persian Period
- The Law in the Late Second Temple Period
- The Bible and the Sources of Rabbinic Law
- The Law and the Gospels, with Attention to the Relationship Between the Decalogue and the Sermon on the Mount/Plain
- Ethical and Moral Duties in Rabbinic Judaism
- Paul and the Covenant
- Rabbinic Law
- Ritual Law in Rabbinic Judaism
- Women, Children, and Slaves in Rabbinic Law
- Women, Children, Slaves, and the Law in the New Testament Period
- Social Justice in Early Christianity
- Social Justice in Rabbinic Judaism
- Index of Citations
- Index of Modern Authors
- Index of Subjects