The Philosophy of Halakhah and the Study of Rabbinic Thought / הפילוסופיה של ההלכה וחקר מחשבת חז"ל

In reflecting upon the relatively young discipline, "Philosophy of Halakhah" (a discipline to which Professor Silman's work has helped lay the foundation), it is important to examine its relation to the broader tradition of Jewish thought. For example, any "philosophy of Halakhah...

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Published in:דעת: כתב-עת לפילוסופיה יהודית וקבלה 2007-07 (61), p.11-22
Main Authors: זהר, נעם, Zohar, Noam
Format: Article
Language:Hebrew
Online Access:Get full text
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Summary:In reflecting upon the relatively young discipline, "Philosophy of Halakhah" (a discipline to which Professor Silman's work has helped lay the foundation), it is important to examine its relation to the broader tradition of Jewish thought. For example, any "philosophy of Halakhah" must certainly accord a central place to the question of the meaning and purpose of halakhic norms; yet how does this differ from classical discussions regarding "the reasons for the commandments"? After offering a three-part answer to this question, I proceed to argue that the requisite "halakhic theory" must be grounded in classical Rabbinic Judaism (Hazal). The main challenge here is how to validly reveal the meaning and values inherent in Rabbinic halakhah. For this, I offer a three-pronged methodology: (a) analysis of halakhic midrash, (b) tracing normative change, and (c) literary analysis of halakhic texts (e.g. the mishnah). For each of these methodological components I provide an illustrative example.
ISSN:0334-2336