----- Original Message ----- 
From: "Joshua Ezra Burns" <[EMAIL PROTECTED]>
To: "Ian Werrett" <[EMAIL PROTECTED]>;
<g-megillot@mcmaster.ca>
Sent: Wednesday, February 09, 2005 4:44 PM
Subject: Re: [Megillot] Essenes, Sadducees, and Joseph
Baumgarten


> The same can be said about traditional Samaritan halakhah,
which, as far as
> I can know, is still called halakhah by Samaritans today.
An legal
> exegetical device by any other name...
>
> Josh Burns

I did not know this. Please elaborate.  In which Sam.
documents can we find the H word?
And why is halakhah exigetical? What we now call Midrash
halakhah (likely, coined in opposition to the term midrash
aggada) may pay attention to counter intuitive exegetical
rules but in general the term "halakhah" in the literature I
know refers to unwritten laws (not said to be based on
exegesis but) based on oral traditions given to Moses at
Sinai, (in later usages-- equal to a unit of mishnah) or
laws proclaimed by decisive authority or the common
practice, . It is the two latter usages that are used
primarily in the exegetical literature itself (and not used
much at all there). The Halakhot of the Sabbath are famous
for not being based on scriptural exegeses in the main and I
doubt if Shifman would justify his usage by defining
halakhah as a law derived by some exegesis of scripture. I'm
open to challenge on this of course but so it seems obvious
to me without checking concordances, databases or my library
or even Shifman himself.

Herb

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