Talmud Reclaimed is a long-awaited exploration of the basic legal structure and historical framework of the entire Oral Tradition with particular focus on the Talmud.
The opening section probes the elusive fault line separating the Talmud's Sinaitic underlying core, which is central to Orthodox Jewish belief, and the substantial legislative power which is delegated to the sages to create laws via the Sanhedrin.
When are the Talmudic sages debating or creating new biblical law by means of a derash and when are they simply seeking to apply a transmitted tradition? To what extent can this hermeneutical inference be said to represent the true meaning of the Torah's text?
Perhaps more importantly, when we look back at 1500 year-old Talmudic law which often reflects a society and outlook radically difference to our own, which elements of this law must we embrace as a reflection of God's immutable and unfathomable will, and how much can we attribute to the prevailing values of ancient Babylonia?
The second section of the book proceeds to examine the process of halachic determination in the post-Talmudic era. While a fully-functioning Sanhedrin possessed considerable legislative power to revisit and amend details of biblical law, the last 1500 years have seen halacha being notionally frozen by the sealing of the Talmud. But what does this even mean? Have there not been many thousands of novel halachic works composed since the days of Ravina and Rav Ashi?
Talmud Reclaimed analyzes the respective responses of Ashkenazic and Sephardic halachists to this crucial question, showing in the process how a critical difference between the legal philosophy of these two camps is responsible for many of the halachic divergences between Sephardim and Ashkenazim today.
Also examined in this section is the evolution of different styles of Talmudic analysis, while a lengthy chapter also investigates how the traditional Bet Hamidrash should respond to the methodologies and findings of academic Talmud study. Other essays are dedicated to the Talmud's extensive and enigmatic aggadic passages as well as a discussion of what might constitute heresy based on the Talmud's teachings.
The third section of Talmud Reclaimed features a series of Appendices and Case Studies which delve into many of the historical principles that the main body of the book takes for granted: To what extent can we trace an oral tradition and Sanhedrin back to Sinai? In what way were Ravina and Rav Ashi deemed to be the conclusion of authoritative legal ruling; how and when was this principle formulated?
The book has benefited from the advice and input of reviewers drawn from both the world of Torah learning and from the sphere of contemporary academe, each of which has provided invaluable assistance. Any further comments and suggested improvements from its readership will be welcomed warmly.
Discussions in this unique work include:
