Is Talmudic Law a Religious Legal System?

Hanina Ben Menahem

doi:10.30965/23642807-bja10015

Abstract

Abstract The claim that Talmudic law is a religious legal system has long been, and continues to be, put forward by both traditional scholars of Jewish law and contemporary academic researchers. The question of whether Talmudic law is a religious legal system most certainly did not engage the Sages of the Talmud, but addressing it will help us grasp the nature of Talmudic law. Furthermore, juxtaposing Talmudic law to Biblical law will help us delineate the concept of religious law, and shed light on certain developments in the evolution of Jewish law.

Highlights

The claim that Talmudic law is a religious legal system has long been, and continues to be, put forward by both traditional scholars of Jewish law[2] and contemporary academic researchers.[3]
The question of whether Talmudic law is a religious legal system most certainly did not engage the Sages of the Talmud,[4] but addressing it will help us grasp the nature of Talmudic law
Juxtaposing Talmudic law to Biblical law will help us delineate the concept of religious law and shed light on certain developments in the evolution of Jewish law

Summary

The Talmud developed in two major centres of Jewish scholarship

The popularity of the misconception that Jewish law is a paradigmatically religious legal system can be explained, to some degree, by another pervasive misconception, namely the notion that Jewish law is formalistic Unless this latter misconception is debunked, I will argue, it is impossible to comprehend the essential nature of the Jewish legal system. I will attempt to ascertain whether, and to what extent, Talmudic law is a religious legal system. In asking this question, I will assume that the halakha of the Talmud is a legal system, and will limit my analysis to examination of its characterization as “religious.”. Characterization of a legal system as religious is always based on assessing whether it fulfils conditions we ourselves have stipulated One such condition might be the system’s closeness or openness.

Religiosity Is a Relative Concept

Self-Reported Accounts of Legal Practice Are Not Necessarily Veridical

Officials Are Selected on the Basis of Lineage Rather Than Acquired Skills

Chronicles 19:628

Conclusion