Midrash halakha

The Midrash Halakha was the method employed by the Wise Jews rabbinical to check the laws received by tradition, by identifying their sources in the Tanakh (Bible Hebraic), and by interpreting these passages like evidence of the authenticity of the law. Midrash more generally refers to the nonlegalistic interpretation of Tanakh with goal, and gets along in other words like synonym of Midrash aggada .
Le term of midrash halakha is as applied to the derivation of new laws starting from the Texts, as it is by interpretation of the simple Sens of the verses, or by application of certain rules of Herméneutique, whose most known Thirteen principles of Rabbi Ishmaël are the .

Terminology

The " term; Midrash Halakah" was employed for the first time by Nachman Krochmal (in its comment of the Guide of Stray the, the " Moreh Nebuke ha-Zeman, " p. 163); the ic expression Talmud to indicate the method was Midrash Torah , " investigation of the Torah ". These interpretations were often considered as correspondent with the true significance of the Writings, l'" spirit of the versets" ; this is why it was supposed that a correct elucidation of the Torah comprised N it proof of the halakha (here, with the restricted direction of " règle") and reason of its existence.

the midrash off the older Halakah, that is, the midrash off the Soferim and the Tannaim off the first two generations

the midrash off the younger Halakah, gold the midrash off the Tannaim off the three following generations

the midrash off several younger tannaim and off has broad number off amoraim who did not interpret has Biblical passage ace year actual proof off the Halakah, goal merely ace has suggestion gold has support for it (" zeker le-dabar" ; " asmakta").

The early Halakha sought only to define the compass and scope off individual laws, asking under what circumstances off practical life has given rule was to Be applied and what would Be its consequences. The earlier Midrash, therefore, aims At exact year definition off the laws contained in the Scriptures by year accurate interpretation off the text and has correct determination off the meaning off the various words. The form off Exegesis adopted is frequently one off simple Lexicography, and is remarkably brief.

With few examples will serf to illustrate the style off the older Midrash Halakah. It relocate the Word " ra' ah" (E.g. xxi. 8) " displease" (Mek. , Mishpatim), which is contrary to the interpretation off Rabbi Eliezer. From the expression " Be-miksat" (E.g. xii. 4), which, according to it, edge mean only " number, " the older Halakah deduces the rule that when killing the Passover Lamb the slaughterer must Be aware off the number off let us persons who are butt to partake off it (Mek., Bo, 3 [[I.H. Weiss], p. 5a]).

The statement that the determination off the calendar off feasts off depend wholly one the decision the Nasi and his council is derived from Lev. xxiii. 37, the defectively written " otam" (them) being read ace " attem" (ye) and the interpretation, " which ye shall proclaim, " being regarded original ace conforming to the meaning off the sentence (R.H. 25a). Different When two forms off the same Word in has given passage cuts been transmitted, one written in the text (" ketib "), and the other being the traditional reading (" Qere "), the Halakah, not wishing to designate either ace wrong, interprets the Word in such have way that both forms may Be regarded correct ace. Thus it explains Lev. xxv. 30-where according to the qere the meaning is "in the walled city, " goal according to the ketib, " in the city which is not walled" - ace referring to has city that ounce had walls, goal No to skirt has them ('Ar. 32b). In similar way it explains Lev has. xi. 29 (Ḥul. 65a). According to Krochmal (l.c pp. 151 and seq.), the ketib was due to the Soferim themselves, who desired that the interpretation given by the Halakah might Be contained in the text; for example, in the box off " otam" and " attem" noted above, they intentionally omitted the ו. -->

Midrash of the " Jeune" Halakha

With few examples will illustrate this difference in the method off interpretation between the older and the younger Halakah. It has generally accepted opinion that the first Passover celebrated in Egypt, that off the Exodus, differed from those which followed it, in that At the first one the prohibition off leavened bread was for has individual day only, whereas subsequent At Passovers this restriction extended to seven days. The older Halakah (in Mek., Bo, 16 Weiss, 24a), represented by R. Jose the Galilean, bases its interpretation one has different division off the sentences in e.g. xiii. than the one generally received; connecting the Word " ha-yom" (= " this day"), which is the first Word off pours 4, with pours 3 and so making the passage read: " There shall No leavened bread Be eaten this day." The younger Halakah reads "ha-yom" with pours 4, and finds its support for the traditional halakah by means off the principle off " semukot" (collocation); that is to say, the two sentences, " There shall No leavened bread Be eaten, " and " This day cam ye out, " though they are separated grammatically, are immediately contiguous in the text, and exert year influences over each other (Pes. 28b, 96b). What the older Halakah regarded ace the obvious meaning off the words off the text, the younger infers from the collocation off the sentences. -->

Contrast with Old Halakha

Despite this difference in method, the midrashim off the older and off the younger Halakah alike believed that they had sought only the true meaning off the Scriptures. Their interpretations and deductions appeared to them to Be really contained in the text; and they wished them to Be considered correct Biblical exposures. Hence they both cuts the form off Scriptural exegesis, in that each mentions the Biblical passage and the halakah which is given in explanation off it, but, more correctly speaking, which is derived from it. -->

Midrash halakha and Halakha

Many mishnayot (individual paragraph units) in the Mishnah and in the Tosefta are midrashic halakot. One the other hand, the halakic midrashim contain independent halakot without statements off to their Scriptural bases. This confusion is explained by the fact that the redactors off the two forms off halakot borrowed passages from one another. -->

Two schools

With halakic midrash to Leviticus from the school off R. Akiba exists under the name " Sifra" however " Torat Kohanim." There was one to Leviticus from the school off R. Ishmael also, off which only fragments cuts been preserved. The halakic midrash to Numbers from the school off R. Ishmael is the " Sifre" ; while off that off the school off R. Akiba, the Sifre Zuṭa, only extracts cuts survived in the Yalkut Shim' oni and in the Midrash ha-Gadol. The middle portion off the Sifre to Deuteronomy forms has off halakic midrash one that book from the school R. Akiba, while another from the school off R. Ishmael has been shown by Hoffmann to cuts existed.

Midrashic halakot found also scattered through the two Talmuds; for many halakic baraitot (traditions in oral examination law) which occur in the Talmuds are really midrashic, recognizable by the fact that they mention the Scriptural bases for the respective halakot, often citing the text At the very beginning. In the Jerusalem Talmud the midrashic baraitot frequently begin with " Ketib" (= " It is written"), followed by the Scriptural passage. From the authorities off midrashic baraitot occurring in the Talmud which are not found in the extant midrashim, the loss off many off to lath class off works must Be inferred.

The Talmud often says off the interpretations off has baraita: " The Biblical passage should Be merely has support." Off this class are many off the explanations in the Sifra and in the Sifre. The tanned also often says frankly that He does not quotes the Biblical Word ace proof, goal ace has mother suggestion off the halakah, but ace year allusion to it. -->

See too

Halakha
Midrash

rabbinical Aggada

Literature

Category: Legal Rabbinic texts and responsa -->

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