Wednesday, October 22, 2014

Mind-boggling family law in the Talmud

THIS WEEK'S DAF YOMI COLUMN BY ADAM KIRSCH IN TABLET: The Talmud’s Difficulty Is What Makes the Talmud ‘Talmudic’—And Unlike the Law. Daf Yomi: In rabbinic Judaism, study is not merely a pragmatic enterprise, but a religious act in itself
Complex as this situation might appear, it is child’s play compared to some of the truly mind-bending hypotheticals that the rabbis raised in this week’s reading. We have often seen in the Talmud that the rabbis devote just as much attention to extremely unlikely possibilities as to real-world scenarios. This is, indeed, one of the things that make the Talmud “Talmudic” in the pejorative sense. Why, the impatient reader might wonder, spend so much time analyzing situations that surely would never arise in real life? Yet it is crucial to remember that, in rabbinic Judaism, the study of the law is not merely a pragmatic enterprise, like going to law school today. The study of Torah is a religious act in itself. The law forms a complete and perfect logical system, and all of its ramifications are equally valuable parts of that system. In American law, one sometimes hears the maxim “hard cases make bad law”: The more unusual and complex the case, the less suitable it is to serve as a precedent. The rabbis believe just the opposite: The law is never more fascinating to them than when it is difficult.
Earlier Daf Yomi columns are noted here and links.