Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis

General Index

209 GENERAL INDEX Note: Pages numbers in italics refer to Hebrew texts in the Appendix. Akhnai, oven of, 59 Akiva, Rabbi, 51–52, 98, 120, 137–38, 165n8 Albeck, Chanoch, 151n3 Allison, Dale, 125 Ammi, Rabbi, 104 Apocrypha, as source evidence for halakhah, 1 Arabs, marriage laws of, 81 Baumgarten, Albert, on authority in the Rule of the Community, 63 Baumgarten, Joseph, 2; on accurate understanding of history of halakhah , 74; on sectarian halakhah in rabbinic literature, 2, 13–14, 155n33; on tosefet Shabbat, 74 be-diªavad (post-factum legal status), 70 Bible, feminine reading of, 86–87, 136 Bilhah, 118, 120–21 Book of Covenant, 28 Buchler, Adolf, 173–74n18 calendar, variations in, 17–18 charity, 102, 104 Cohen, Shaye, 140 community, preserving sanctity of, 30–31, 32 Creation, foundation of, 108–10, 135 Damascus Document; arrangement of, 29; Cave 4 manuscript of, 2; halakhic legal tradition expressed in, 18; on incest, 84–85; Laws of fourth-year fruits in, 10, General Index / 210 egalitarianism, 63–64 Elªazar ben Azaria, Rabbi, 58 Eliezer, Rabbi, 3–4, 7, 15, 45–46, 58, 59–60, 69, 82, 134–35 Eliezer, Rabbi: mother of, 82 Elman, Yaªakov, 129–30 Epstein, Louis, 174n22 Epstein, Yaakov Nahum, 151n3 Essenes: common legal background with Sadducees, 17; as composers of Dead Sea Scrolls, 16, 155n30; disappearance of, 139–40; portrayal of, 16 exclusion (havdalah), 29, 160–61n16 expulsion, 29 Falashas, marriage laws of, 81 false prophets: and halakhic authority , 46–49; Qumran sectarian literature about, 53–55; rabbinic literature about, 49–52, 54–55; recognition of, 40 Festival of the First Fruits of Oil, 101–2 Festival of the First Fruits of Wine, 101 festivals, timing of, 18 first-born gifts, 28 first fruits (bikkurim), 28, 101–2, 104 fourth-year fruits, case study of, 7–15 Frankel, Zacharias, 1 Frenkel, Yonah, 45 Geiger, Abraham, 1, 3, 8, 11, 129 Gilat, Yitzhak, 3–4 Gilath, Yitzhak, 96 Damascus Document (continued) 153–54n17; writing style of, 22, 24–28, 28 Davis, William, 125 Dead Sea Scrolls: 4Q251 (Halakhic Scroll), 27–28; and calendar, 17– 18; dating of, 3; divine inspiration as source of halakhah, 39–71; “Essene hypothesis” of, 16, 126, 155n30; historical gap between rabbinic literature and, 3, 7; history of research on, 2; on incest, 89; impact of discovery on halakhah research, 2; literary genres of, 21–28; missing features of midrash, 35; “old” traditions of, 3, 7, 36, 46, 70, 73; and penal code, 27–28; reasoning of law not spelled out in, 35, 163–62n31; treatment of fourth-year fruits in, 10, 35–36; use of formula “ki . . . hu . . .” (for X is Y) in, 35–36 death penalty, 37, 46–47, 67–68, 84, 97, 115, 131–33, 176n33 de-Orayta (laws from the Torah), 30, 70, 71, 97; on tosefet Shabbat, 74–75 de-rabbanan (laws decreed by the Rabbis), 30, 70, 71, 97; on tosefet Shabbat, 74–75 direct divine speech, of Temple Scroll, 23–24, 34, 37–38 divine revelation, as source of authority, 39–71. See also divorce and remarriage, 117–24 divre sofrim (“words of the scribes”), 87 General Index / 211 hidden commandments , revelation of, 40–44, 70–71 high court decisions, status of, 40, 46–49, 53–54, 55 Hillel, School (House) of, 4, 60, 61, 133–35 hilulim (praise), 8–9, 11 hilulim (redemption), 8–9, 11 Himmelfarb, Marthah, 156–58n40 holiness, preservation of, 31 horse, riding on Shabbat, 97, 176n33 impurity: length of, 156–58n40; transfer of, 17. See also purification incest taboos, 80–95, 136–38 Israelites, history of, 40–41 Jeremiah, 50 Jerusalem: consumption of fourthyear fruits in, 8; on differences between Pharisees and Sadducees , 48, 57, 73, 88, 89, 103, 136; injunction against nakedness described by, 3, 136; Josephus, Flavius; on resurrection, 125–26; as source evidence for halakhah, 1–2, 16 Jose, Rabbi , 104 Jose the Damascene (ben Durmaskith ), Rabbi, 58, 59 Jose the Galilean, Rabbi, 47, 56, 57, 60–61 Joshua, Rabbi, 58 Joshua ben Levi, Rabbi, 51 Joshua ben Nun, 87 Ginzberg, Louis, 81, 82, 93 grumbling, penal code provisions about, 31–32 halakhah: borders between “sectarian ” and “nonsectarian,” 13; definition of, 1; divine versus human authority in, 39–71; forces enabling change in, 4; forces promoting change in, 5; genres of writing, 21–28; history of, 2; impact of failed rebellion against the Romans on, 4; justi fication of change in...