----- Original Message ----- From: <[EMAIL PROTECTED]>
To: <g-megillot@McMaster.ca>
Sent: Friday, April 28, 2006 12:52 PM
Subject: Re: history analysis (was Re: [Megillot] SV: osey hattora)


Quoting Jack Kilmon <[EMAIL PROTECTED]>:

I agree with you, Stephen, in that I never quite understood the speculation for Sadducee origins for the DSS based on what little we know about them...mostly from Josephus. Of course, Josephus' trustworthiness on his reporting on Sadducee beliefs might be suspect. Given that the Hillelite and Shammaite Pharisees and the Sadducees as well as the DSS people (whoever they were) all differed from each other on halakhic matters, I am missing why you think the use of the term "halakha" is not helpful in characterizations of these groups. Can you unpack that a little more for me?

BTW, your paper is very compelling for Judah as TOR.

Jack Kilmon

Hi Jack,

Thanks for your agreement concerning the Sadducees and that Judah the Essene was
the Teacher of Righteousness ("very compelling"). I appreciate it.

"Halakha" today quite properly applies to Jewish legal determinations. But in Late Second Temple Period, based on the Qumran Essene puns agains seekers of
smooth things/flattery, Essenes did not call their legal determinations
halakha, but rather punned against the halakha of one group they opposed, the Pharisees. Then the Rabbis, as often noted, were the heirs of the Pharisees, at least in this terminology. As for the Sadducees, we do not know that they called
their legal determinations halakha, so it is methodologically better, not
prejudging nor retrojecting, simply to call their legal determinations by a more neutral generic name. Philo didn't use the term halakha either. Did the early Samaritans? The early Karaites? Calling Essene legal texts halakha--a
term they rejected--confuses distinctions and self-descriptions of groups.

best wishes,
Stephen Goranson
http://www.duke.edu/~goranson

OK, I see your point. Since Halakha has its foundations in the Talmud and the Mishna as "the way" of practicing the 613 mitvot, it is an anachronistic term to earlier 2nd temple times and climes. The concept from Rabbinical times includes aspects that did not exist then. OK...I buy it. I wonder, however, if it is possible to separate the term from the concept which is soundly rooted in DSS scholarship. MMT comes to mind, often called "the Halakhic Letter." Sussman appears to join the concept to the DSS in: Sussman, Y. "The History of 'Halakha' and the Dead Sea Scrolls -- Preliminary Observations on Miqsat Ma`ase Ha-Torah (4QMMT)" Tarbiz 59 (1990):11-76. The entire corpus of DSS books from Vermes to Davies seem to use it. There are many cases where it is difficult not to use terms that are techically anachronistic but conceptually pertinent.

Jack Kilmon
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