Casuism in Halacha
Hello Rabbi,
You have argued in several of your articles about the fact that the Mishnah and the Talmud are formulated in a casuistic manner, and in the comments there you noted that there is no room there to elaborate on why this is so.
Can you expand or refer me to a recommended article on the subject?
thanks,
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0 Answers
I don’t have a neat article in mind right now. I’ll explain this more in the trilogy. In general, it seems to me that this structure reflects a lack of trust in the positivist (top down) method from rules to applications. This is the German method, which believes in the “science of law.” The Talmud follows the British approach, which believes more in cases and analogies to them. This provides an intuition that allows for application in many other cases.
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