Historical Thinking in the Post-Talmudic Halakhah

History and Theory 27 (4):66-77 (1988)
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Abstract

Investigation into the history of the Talmud was sparked by the Karaite rebellion against the authority of the Talmud at the beginning of the eighth century. The most influential work of Talmudic chronology is the Iggeret de-Rav Sherira Gaon , composed in 986, which sought to explain how the Mishnah and the Talmud were compiled, and demonstrate the unbroken chain of the tradition. Maimonides gives a summary of the history of the tradition in his Commentary to the Mishnah. Although Maimonides' reconstruction is an artificial one, with no attempt to verify sources or test their reliability, he stated that the Babylonian Talmud was compiled about one hundred years after the Jerusalem Talmud; in cases of disagreement, therefore, the rulings of the Babylonian Talmud were the ones adopted by the post-Talmudic Halakhah. The French glossators, or Tosafists, argued that a law in the Talmud could be changed when the original circumstances in which it was promulgated were no longer evident. More objective, critical historical accounts have been given by more modern scholars, particularly Yon Tov Lippmann Heller, Jeheil Heilprin, and Hayyim Joseph David Agulai

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