Hulatt, Owen orcid.org/0000-0002-5868-6477 and Oro Hershtein, Lucas (2024) True 'contradictions' and conflicts in the Talmud. Religious Studies. ISSN: 1469-901X
Abstract
In this article, we consider the presence of what appear to be true contradictions in the Talmud. We consider and reject a glut-theoretic response. We argue these apparently contradictory Talmudic passages should be understood not as ordinary propositions, but as being given under an operator. This allows us to understand these rulings as genuinely conflicting, but not genuinely contradictory. We illustrate the broad shape of such a view through consideration of Hans Kelsen's late-period philosophy of law. We also consider and reject responses to this issue given by Rashi, R. Kook, and R. Feinstein. We close by considering why a system of Jewish law which allows for jointly affirmed conflicting propositions is desirable. We claim that if, as Maimonides suggests, the fundamental project of Jewish law is the eradication of idolatry, then the law itself should remind us that God's ways are higher than our ways. One way of doing so is to resist capture by a transparent set of principles, by allowing for conflicting rulings to be affirmed. This article does not presuppose familiarity with the Talmudic corpus or Jewish tradition.
Metadata
| Item Type: | Article |
|---|---|
| Authors/Creators: |
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| Copyright, Publisher and Additional Information: | Publisher Copyright: Copyright © The Author(s), 2024. Published by Cambridge University Press. |
| Keywords: | halakhah,Jewish philosophy |
| Dates: |
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| Institution: | The University of York |
| Academic Units: | The University of York > Faculty of Arts and Humanities (York) > Philosophy (York) |
| Date Deposited: | 05 Nov 2025 15:00 |
| Last Modified: | 05 Nov 2025 15:00 |
| Published Version: | https://doi.org/10.1017/S003441252400012X |
| Status: | Published online |
| Refereed: | Yes |
| Identification Number: | 10.1017/S003441252400012X |
| Related URLs: | |
| Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:234043 |
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Description: True ‘contradictions’ and conflicts in the Talmud
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