Talmudic Sources Research Articles

On One Aspect of Law and Morals in Jewish Law: Lifnim Mishurat Hadin

In Talmudic literature the term lifnim mishurat hadin (i.e., beyond the line of the law) is mentioned a number of times. Before analyzing the various Talmudic passages where this concept is found, we will ask a number of questions, some of which we will answer in this article. Not all of the answers will be unequivocal and some questions will remain, in the end, provocative and open. Hopefully, the paper will encourage further discussion of the concept lifnim mishurat hadin.Is lifnim mishurat hadin a specific norm of behaviour which can be precisely defined, or is it rather a concept referring to recommended ethical behaviour, similar to general moral values and examples of ethical behaviour which abound in the Talmud but which have no clearly definable characteristics? If we conclude that lifnim mishurat hadin is indeed a precisely defined norm of behaviour does it stand on its own as a specific type of moral behaviour, or is it synonymous with certain other moral norms, dinei shamayim (the Laws of Heaven), midat hassidut (the degree of ethical perfection of men of piety and virtue) or one of the other ethical norms found in the Talmudic sources? If lifnim mishurat hadin is not just another term for some other moral norm, what is the difference between them? (A reasoned answer to this question cannot be given without a full discussion of all the other moral norms in the Talmud; therefore in this article we will only suggest approaches to answering this question). Are there differences of degree within the norm of lifnim mishurat hadin itself? Are there types of behaviour recorded in the Talmud, about which the phrase lifnim mishurat hadin is not used, but which are in fact examples of behaviour lifnim mishurat hadin? If so, is there a reason why such actions were not explicitly described as lifnim mishurat hadin?

Economic Thought in Talmudic Literature in the Light of Modern Economics

1 Werner Sombart, Jews and Modern Capitalism, trans. by M. Epstein (London: T. Fisher, 1913), p. 313. 2 Max Weber, Protestant Ethic and the Spirit of Capitalism, trans. by Talcott Parsons (New York: Charles Scribner's Sons). 3 See Salo W. Baron, Essays on (New York: Columbia University Press, 1941). Professor Baron's essay on The Economic Views of Maimonides was acclaimed by the late Professor Simha Assaf of the Hebrew University in Jerusalem as a wholly pioneering effort. Not much has been added to the literature since; earlier Dr. S. Ejges attempted to systematize monetary theory and practice according to talmudic sources in Das Geld in Talmud (Wilno, 1930). As examples of noteworthy historical and legal studies we call attention to Urban Civilization in Pre-Crusade Europe, by Irving A. Agus (New York: Yeshiva University Press, 1965) In its two volumes the author draws attention to the wealth of primary source material in the rabbinical responsa literature during the Middle Ages. It is an invaluable source of information for those who are interested in economic history. Also, Boaz Cohen, Antichresis in Jewish and Roman Law (New York: Jewish Theological Seminary of America, 1950). legal studies which appeared before 1930 are listed by Samuel Eisenstadt in his bibliographical handbook, Eyn Mishpat (Jerusalem: 1931). Among some of the recent publications which treat the subject from an ethical and sociological point of view, see Ben Shemen, Jewish Attitude Toward Labor, in Yiddish, Vol. I and II (Toronto, 1963); in particular Leo Jung, Rabbis and the Ethnics of Business, Jewish Library, Vol. VI (New York: Soncino Press, 1964). Also, Judaism and the New World Order by the same author, American Journal of Economics and Sociology, Vol. III, pp. 385-93, and Vol. IV, pp. 515-28,. Both articles appeared in 1945.

Ursprung und Anfänge der Kabbala (review)

170 HISTORY OF PHILOSOPHY time we eagerly look forward to the appearance of Volume II (Metaphysics of S[*fism) and Volume III (Safavid Renaissance and subsequent developments) of the Histoire de la Philosophie Islamique, which presents such an original vision of Islamic thought in history. JACQUES WAARDENBURG University of California, Los Angeles Ursprung und An]iinge der Kabbala. By G. Scholem. (Berlin: W. de Gruyter, 1962. Pp. viii [if + 434. = Stadia Judaica, III. DM 48.--) Ursprung und An]iinge der Kabbala is a reworking of Professor Scholem's Hebrew study, Reshit ha-Qabbalah, which appeared in 1948. An English translation is also planned (cf. Scholem's On the Kabbalah and Its Symbolism, p. 97). To assess the book properly, one should control all of Jewish mystical literature, Jewish aggadic literature, Jewish philosophic literature, gnosticism, and the history of Neo-Platonism. Few readers or reviewers will be able to match the author in the breadth of his knowledge, and the present reviewer does not claim to. Therefore I shall not enter on a detailed analysis of the book, but restrict myself to outlining Scholem's general thesis and then--perhaps at the risk of impertinence--to raising a few questions. Scholem's thesis may be placed in better perspective by the addition of a few words concerning his views on a prior stage of Jewish mystical speculation. Some sort of mystical doctrine is known to have been current among the Jews in Mishnaic times, but all that the Mishnah (second and third centuries) is willing to say about the doctrine is that it should not be taught publicly. In fact, if the key text (Hagigah, II:l) is taken literally, the more secret part of that doctrine should not be taught at all, and may only be studied by a single individual when alone. Other talmudic sources, somewhat later than the Mishnah, give nothing more than a few vague hints concerning this ultra-secret doctrine. However, there are also extant a number of texts which, in contrast to the Talmudic sources just mentioned, are extremely explicit. These texts, generally thought by scholars to be centuries later than the Talmud, deal with the celestial realms and the adventures of certain select souls as they passed through those realms on their way to an anthropomorphic vision of God. The divine "palaces" are one of the central themes in the texts, and most of them have the term "palace" in their titles, so that we may call this type of speculation "palace" mysticism. Quite a different type of doctrine is covered by the term "cabala" in the strict sense. The cabala, which appeared in Southern France and in Spain from the twelfth century onward, is not particularly concerned with the celestial regions below God, but rather analyzes the hypostases or aspects (or attributes or powers) of the deity Himself, and describes how they have emanated from, and are related to one another (cf. Ursprung,p. 33). Scholem has attempted to run a thread through the unknown early rabbinic doctrine, the "palace" texts, and the cabala. In a brief, but extremely important study (Jewish Gnosticism , Mer~abah Mysticism, and the Tatmudic Tradition [New York: 1960]), he argued that the "palace" mysticism is essentially identical with mystical doctrines taught by the rabbis as early as the third century, his argument being based on a very delicate and perspicacious analysis of the few hints that have been preserved in the rabbinic sources. Scholem also unearthed and analyzed certain passages in the early rabbinic and "palace" texts, to buttress the position--not new--that gnostic elements are to be found in the rabbinic writings; in Scholem's view these elements reflect "fundamental" gnostic teachings (cf. Ursprung, pp. 18-19). In Ursprung und Anfiinge der Kabbala, Scholem traces the thread a step further. Here he discusses four types of early cabala (in the strict sense): an enigmatic text, entitled Bahir, which appeared in Europe before 1200 and which ostensibly cites its material in the names of various rabbis of the talmudic period; a circle of cabalists centering around one Isaac the Blind, the scion of an eminent rabbinic family in Southern France for whom Scholem infers the dates 1165...

On Honi the Circle-Maker: A Demanding Prayer

One spring in the latter half of the month Adar, some time after the death of Salome Alexandra (76–67 B.C.), “there was a certain Onias, who, being a righteous man and dear to God, … in a rainless period prayed to God (ηὔξατο τῷ Θεῷ) to end the drought, and God … heard his prayer and sent rain …” The story of Honi (Onias), so plainly told by Josephus, is reported much more dramatically in the talmudic sources. According to one source, the drought had lasted three years.

The Avoidance of Public Office in Papyrus Oxy. 1477 and in Talmudic Sources

The Avoidance of Public Office in Papyrus Oxy. 1477 and in Talmudic Sources