What Is Good, and What God Demands: Normative Structures in by Tzvi (Michael) Novick

By Tzvi (Michael) Novick

The normative rhetoric of tannaitic literature (the earliest extant corpus of rabbinic Judaism) is predominantly deontological. earlier scholarship on rabbinic supererogation, and on issues of touch with Greco-Roman advantage discourse, has pointed out non-deontological elements of tannaitic normativity. in spite of the fact that, those frameworks fail to remember exactly the efficient intersection of deontological with non-deontological, the 1st simply because supererogation defines itself opposed to legal responsibility, and the second one as the Greco-Roman comparate discourages critical therapy of law-like components. This ebook addresses ways that replacement normative kinds entwine with the center deontological rhetoric of tannaitic literature. this attitude exposes, inter alia, echoes of the post-biblical knowledge culture in tannaitic legislation, the wealthy polyvalence of the class mitzvah, and telling adjustments among the universities of Akiva and Ishmael.

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Beṣah 5:2, on which see supra n. 15, also provides a tripartite scheme that clearly analyzes into the common ‫מצוה‬/‫ רשות‬contrast, supplemented by a third category (in that case ‫)שבות‬. 39 The other case is Midr. Tann. Deut 17:14 (103). 34 chapter one Conclusion The results of our analysis can be summarized briefly. The most important categorical oppositions are between ‫ רשות‬and ‫חובה‬, and between ‫ רשות‬and ‫מצוה‬. The ‫חובה‬/‫ מצוה‬contrast is rarer, and deeply indebted to the particular circumstances of the occasions where it occurs, and the ‫גזרה‬/‫ רשות‬contrast, too, is rare, and looks like an Akivan reflex of an Ishmaelian pattern.

Yoḥanan reads the marriage contract—the relevant parts are cited in m. Ketub. 4:11–12— according to its plain sense, while the anonymous view, as explicated by R. Eleazar b. Azarya in m. Ketub. 4:6, parses the language of the contract more finely so that the daughters’ right to sustenance arises only after their father’s death. The occurrence of a source of obligation (contract) distinct from the Torah allows for separation between ‫מצוה‬ and ‫חובה‬: even if one is not contractually obligated (‫ )חובה‬to sustain one’s daughters, one may be obliged to do so as a religious obligation.

26 See m. Pesaḥ. 6:2; m. Šebu. 3:6; t. Šabb. 13:13; t. Ned. 1:5; t. Soṭah 7:24; t. Šebu. 4:2–3, 5; Mek. R. Sh. Ex 12:16 (19); Sifra Nedava 10:2 (10c); Sifra Ḥova 9:1 (23c); Sifra Aḥare 5:2 (83a). On m. Beṣah 5:2 see supra n. 15; on m. Soṭah 8:7 and parallel sources see the discussion below; on m. Mak. 2:7 see chapter two. m. Pesaḥ. 6:1–2 repays further attention here. R. Eliezer claims that various preparatory procedures for the Passover override the Sabbath. In debate with R. Joshua, R.

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