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R. Yitzhaq Alfasi's application of principles of adjudication in "Halakhot Rabbati".

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	R. Yitzhaq Alfasi's application of principles of adjudication in "Halakhot Rabbati"./
作者:	Levy, Leonard Robert.
面頁冊數:	1 online resource (215 pages)
附註:	Source: Dissertations Abstracts International, Volume: 64-10, Section: A.
Contained By:	Dissertations Abstracts International64-10A.
標題:	Religious history. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3073666click for full text (PQDT)
ISBN:	9780493934679

R. Yitzhaq Alfasi's application of principles of adjudication in "Halakhot Rabbati".
Levy, Leonard Robert.

R. Yitzhaq Alfasi's application of principles of adjudication in "Halakhot Rabbati". - 1 online resource (215 pages)

Source: Dissertations Abstracts International, Volume: 64-10, Section: A.

Thesis (Ph.D.)--The Jewish Theological Seminary of America, 2002.

Includes bibliographical references

Halakhot Rabbati of R. Yitzhaq Alfasi (1013-1103 C.E.) is one of the central texts in the development of post-Talmudic Halakhah, serving as one of the pillars upon which almost all subsequent attempts at halakhic codification rested. It is the main nexus point between the halakhic literature of the Geonim and the codifications of the Rishonim. A key element in deriving legal conclusions from Talmudic sources is the application of principles of adjudication. The Geonim derived many of these principles from the Talmud and developed others based on their traditions and assumptions regarding the formulation of the Talmud. Alfasi further developed these principles based on his own assumptions regarding the formulation of the Talmud. After summarizing in the Introduction what is known about Alfasi's life, his Halakhot, and some general observations regarding his legal methodology, this dissertation analyzes Alfasi's application of six principles of adjudication which he uses to decide the law based on how opinions are presented or discussed in the Talmud. It then compares the results with the results of Groner's analysis of R. Hai Gaon and Abramson's analysis of R. Hananel. R. Hai, R. Hananel and Alfasi all consider explicit decisions of the stam Talmud and of Amoraim, statements of Amoraim which are undisputed, and baraitot or Amoraic statements which are used to attack other opinions to be authoritative, even when principles of adjudication between specific Tannaim or Amoraim would lead to a different decision. However, for Alfasi, unlike R. Hai Gaon, logical conclusions of the stain Talmud, both explicit and implicit, override the principles of adjudication between specific Tannaim or Amoraim. Alfasi bases this principle on the assumption that the stam Talmud was one consistent editor, the ultimate final authority, who deliberately embedded implicit decisions of disputes in the Talmud. R. Hananel probably preceeded Alfasi in this assumption; Alfasi's unique innovation was to systematize this assumption and to strive to decide according to the conclusions of the stam Talmud consistently, even when his decisions contradicted long-held traditions and decisions of the Geonim.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9780493934679Subjects--Topical Terms:

2122824
Religious history.
Subjects--Index Terms:

AdjudicationIndex Terms--Genre/Form:

542853
Electronic books.

R. Yitzhaq Alfasi's application of principles of adjudication in "Halakhot Rabbati".
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504 $a Includes bibliographical references
520 $a Halakhot Rabbati of R. Yitzhaq Alfasi (1013-1103 C.E.) is one of the central texts in the development of post-Talmudic Halakhah, serving as one of the pillars upon which almost all subsequent attempts at halakhic codification rested. It is the main nexus point between the halakhic literature of the Geonim and the codifications of the Rishonim. A key element in deriving legal conclusions from Talmudic sources is the application of principles of adjudication. The Geonim derived many of these principles from the Talmud and developed others based on their traditions and assumptions regarding the formulation of the Talmud. Alfasi further developed these principles based on his own assumptions regarding the formulation of the Talmud. After summarizing in the Introduction what is known about Alfasi's life, his Halakhot, and some general observations regarding his legal methodology, this dissertation analyzes Alfasi's application of six principles of adjudication which he uses to decide the law based on how opinions are presented or discussed in the Talmud. It then compares the results with the results of Groner's analysis of R. Hai Gaon and Abramson's analysis of R. Hananel. R. Hai, R. Hananel and Alfasi all consider explicit decisions of the stam Talmud and of Amoraim, statements of Amoraim which are undisputed, and baraitot or Amoraic statements which are used to attack other opinions to be authoritative, even when principles of adjudication between specific Tannaim or Amoraim would lead to a different decision. However, for Alfasi, unlike R. Hai Gaon, logical conclusions of the stain Talmud, both explicit and implicit, override the principles of adjudication between specific Tannaim or Amoraim. Alfasi bases this principle on the assumption that the stam Talmud was one consistent editor, the ultimate final authority, who deliberately embedded implicit decisions of disputes in the Talmud. R. Hananel probably preceeded Alfasi in this assumption; Alfasi's unique innovation was to systematize this assumption and to strive to decide according to the conclusions of the stam Talmud consistently, even when his decisions contradicted long-held traditions and decisions of the Geonim.
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650 4 $a Literature. $3 537498
650 4 $a Middle Ages. $3 568537
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653 $a Adjudication
653 $a Alfasi, Isaac ben Jacob
653 $a Halakhot Rabbati
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