Wednesday 18 June 2008

Evolutionary Patterns in Halachic Texts

Originally published 6/18/08, 11:55 PM.
Below, I have outlined a very simplistic model. The common theme is expansion and contraction or condensation - much like a Chiastic structure. Let's start with the era of Tanna'im and Amora'im:
  1. Rebbe redacts the Mishnah
  2. This was vastly expanded, mostly into the two Talmudim etc.
  3. It was re-condensed by Rambam into Mishnaic form
    1. Ashkenazim add Hagahot Maimoniyyot to make code acccessible to is own community
Now a secondary pattern emerged during the era of Rishonim. [Treat early Rishonim as analogous to Tanna'im and later ones as analogous to Amora'im.]
  1. Tur redacts a NEW Mishna - Mishnat Rishonim
    1. It includes diverse opinions - unlike Rambam
  2. Bet Yosef VASTLY expands this into a virtual "Talmud" of Rishonim etc.
    1. Rema [Darchei Moshe] redacted a quasi alternative Talmud - similar to above
  3. And RY Karo then condensed it to a Mishna form in the Shulchan Aruch -
    1. Expanded by Rema's Hagaho
    2. lRema paralles Hagahot Maimoniyyot
Just as the Talmud has been elucidated and somewhat modified by various commentators, same for Shulchan Aruch. Generally, the Halachic world has accepted the Shulchan Aruch [with Rema] as a Hatima in the same way as Hatimat haTalmud. This is "Hatimat haRishonim:. E.G.; . in biographies of Rav J. Breuer he constantly refers to Talmud-Shulchan Aruch as being companion volumes of authoritative Halachah. This is a widely held model.

Since the advent of the Shulchan Aruch, the VAST majority of Halachic works are indexed by ITS indexing ,as opposed to the Talmud or Rambam. Even Teshuvot are usually divided and indexed by the 4 Turim . There are an estimated 350 published commentaries written on the Shulchan Aruch, plus at least a dozen review books on issur v'heter follow this model se'if by se'if.

This, too shall pass. I will BEH post on this in the future what to do next.


Kol Tuv / Best Regards,
RabbiRichWolpoe@Gmail.com

2 comments:

Anonymous said...

I would add the next step was the Chofetz Chayyim redacting those 350 commentaries on the Orach Chayyim Part of Shulchan Aruch into the Mishnah Berurah and Be'er Heitev which, to date, have not yet developed official commentaries of their own.

Rabbi Richard Wolpoe said...

I am almost finisehed with the Kitzur Mishnah Brurah

And the 350 include Yoreh Dei'a etc. and the Mishnah Brura did not deal with that.

More later

KT
RRW