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Disputes on Law in Rabbinic Judaism

(9,228 words)

Author(s): Neusner, Jacob
In the Halakhic documents, the Mishnah, Tosefta, Yerushalmi, and Bavli, Rabbinic sages ubiquitously record disagreements on matters of law. But disputes reinforce the unity of the law at its fundamental levels. Conflicts between authorities underscore the prevailing consensus about fundamental truth. Indicators of concurrence in deep structures of thought abound even—or especially—in the context of disputes, properly situated in perspective and proportion. Conflict concerns detail, consensus, go…

Mishnah, Analogical-Contrastive Reasoning in

(10,501 words)

Author(s): Neusner, Jacob
The paramount mode of reasoning in the halakhic process, represented by the Mishnah, can be referred to as “analogical-contrastive.” The logic may be expressed very simply. All persons, things, or actions that fall within a single species of a given genus in a uniform system of classification follow a single rule. All persons, things, or actions that fall within a different species of that same given genus in a uniform system of classification follow precisely the opposite rule. Stated in gross …

Consensus in Rabbinic Theology (Aggadah) and the “Another Matter”-Composite

(6,847 words)

Author(s): Neusner, Jacob
Rabbinic Judaism accommodates diverse theological opinion in composites that follow a particular form. They are comprised by successive readings of a verse of Scripture in common, joined by the formula “davar aher,” meaning, “another matter.” But these turn out to state the same matter in other terms. These varied opinions are represented as alternate proposals but in fact yield a common denominator that holds the whole together. The consensus then is expressed as complementary opinions register. What is at stake is the accommodation of equally valid, coherent, mutuall…
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