Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 152-178 |
| Number of pages | 27 |
| Journal | Journal of Law, Religion and State |
| Volume | 8 |
| Issue number | 2-3 |
| DOIs | |
| State | Published - 2021 |
Bibliographical note
Publisher Copyright:© koninklijke brill nv, leiden, 2020
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 3 Good Health and Well-being
Keywords
- Early modern
- Jewish law
- Plague
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