Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-15 Thread herb basser
Well, Ian, conventions are difficult to break, and truth be told my own adherence to my own claims and views is practised more in the breach than inthe observance: In Brill's Encyclopedia of Midrash (2005) p 513 you will find a caption Halakha and there you will find me comparing "halakhic appr

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-14 Thread Ian Werrett
Dear Herb, Thank you for your insightful posting! I appreciate your comments on the appropriation/use, or misappropriation/misuse, of terms that are specific to a particular religious tradition. That being said, I am a little concerned that we are being a bit too quick to point the finger at one

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-12 Thread Herb Basser
oh my complaint is against using words in scholarship which are taken from religious traditions and then reading back our anthropological assumptions about these terms as if the tradition is all about our reductions. And also, if physics has no biblical basis does that mean we shouldnt meddle with

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-11 Thread Herb Basser
Dear Ian: I appreciate your thoughtful post; allow me please to reflect at length. I stand by what I said. People who deal with Qumran sometimes, improperly, just use the word halakhah to mean "law" as opposed to "lore" and I did write in an earlier post "What we now call Midrash halakhah (likely

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-11 Thread Ian Werrett
Dear Herb, You make a good point! Perhaps I did push things a bit too far in order to make the distinction between the way in which one arrives at a particular interpretation and the interpretation itself. Having said that, please allow me to provide three short quotations which may help to faci

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-10 Thread Herb Basser
From: Herb Basser [EMAIL PROTECTED] Ian, Whatever halakhah might or might not mean, it never refers to scriptural exegesis or any exegesis for that matter. It can refer to laws which are justified by some scriptural prroftext or other but never to the process of derivation.The methods of interpr

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-10 Thread Ian Werrett
Dear Stephen, I am familiar with Baumgarten's position on the relevance of rabbinic 'halakha' to the legal material of the scrolls. One of the most concise presentations of his position can be found on page 22 in DJD 18: "As is well known, there are those who consider the relatively late date of

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-10 Thread Stephen Goranson
Dear Ian W., You have restated (below) that you consider it "helpful" to call Qumran legal texts "halakhic" I really do not. I find that it is either (a) assigning to them a quite distorting view owned by sect they opposed (Pharisees) and/or (b) retrojecting, without warrant, rabbinic terminolo

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-10 Thread Ian Werrett
Dear Stephen, When Schiffman's dissertation came out in the early 70's (Brandeis 1971?) the field of DSS research was less than twenty-five years old! It is not surprising that the use of the word 'halakha' caused some waves, but it has since been adopted as an acceptable label by the majority of

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Herb Basser
- Original Message - From: "Joshua Ezra Burns" <[EMAIL PROTECTED]> To: "Ian Werrett" <[EMAIL PROTECTED]>; Sent: Wednesday, February 09, 2005 4:44 PM Subject: Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten > The same can be said about tr

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Stephen Goranson
Dear Ian W. Again you are using the argument that if someone (modern) did it, it is OK, even good. (But, Mom, all the kids do it.) Your first example, Larry Schiffman's dissertation title, is I recall correctly, did not arrive without considerable regrets by some learned advisors. You have the

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Joshua Ezra Burns
nesday, February 09, 2005 4:23 PM Subject: Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten Dear Stephen, If we are talking about the literal use of the Hebrew word 'halakha' in the scrolls ... then you and I have no argument. As far as I can tell there is no concrete evidence

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Ian Werrett
Dear Stephen, If we are talking about the literal use of the Hebrew word 'halakha' in the scrolls ... then you and I have no argument. As far as I can tell there is no concrete evidence in the scrolls to suggest that the authors employed the word 'halakha' in the rabbinic sense. If, however, we

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Herb Basser
Here's the test: If youre prepared to call the teacher, Righteous Rabbi, then call Qumran law "halacha"-- but only if. Herb ___ g-Megillot mailing list [EMAIL PROTECTED] http://mailman.McMaster.CA/mailman/listinfo/g-megillot

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Stephen Goranson
Dear Ian Werrett, We are not compelled to call "halakha" legal determinations that the authors would have cringed to hear called "halakha"--is there an history advantage to calling something what it is not?--and, I suggest, it's better method if we do not use a misleading term. "Legal" texts is

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Ian Werrett
Stephen, Are we to deny the presence of 'halakhic' material at Qumran simply because the word 'halakha' does not appear in the scrolls or because it is not used in the rabbinic sense? Virtually every scholar working on the legal material in the scrolls, including J. Baumgarten, uses the word 'ha

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Stephen Goranson
Dear Philip, You may not be persuaded about the significance of different perspectives on the word "halakha," but, I submit, the authors of many Qumran texts were; so, if we are interested in history, we'd likely do well to recognize that and not use anachronistic terms. And beyond terminology,

Re: [Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread philip davies
I just want to make one small comment on an issue that has been raised by Stephen Goranson but has recurred throughout the more recent history of DSS discussion. These legal matters are best not termed here "halakha," because that rabbinic term is not used at Qumran in the rabbinic sense The qu

[Megillot] Essenes, Sadducees, and Joseph Baumgarten

2005-02-09 Thread Stephen Goranson
James Davila has posted a summary of his good first, Indroduction, lecture for his DSS course, linked at: http://qumranica.blogspot.com To this good introduction, may I suggest a little nuancing of one matter. It is quite true that Joseph M. Baumgarten was the first to publish (in J. of Jewish