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 terminology, on a group not rabbinic. 
There were more groups in the second temple period than what became later 
Judaism and Christianity. To study second temple period sectarian history, I 
think, a historian needs first of all to read them in their own voice.

This is not a new problem, but it remains a problem (as I wrote in DSS After 
Fifty Years vol 2.) One of the occasion that this occured to me is when I 
years ago saw in the library a learned book by Bernard Revel: _The Karaite 
Halakha and Its Relation to Sadducean, Samaritan and Philonian Halakha_ 
(Philadelphia: Cahan, 1913; based on JQR 1911-12 articles). I thought: did 
Sadducees have halakha? Isn't that exactly what they rejected?

If I may also suggest: "Sadducees," in some (2nd temple period) uses may be a 
distorting retrojection of a later, rabbinic sense (eventually used even to 
include Christians after all!). Words like halakha, Sadducees, Essenes, 
Ossaioi, Ebionim, minim (see, e.g. R. Kimelman in Jewish and Christian Self 
Definition v. 2 1981; and articles by Daniel Boyarin), hairesis, Nazarenes, 
maybe even ioudaismos, evolved. Sometimes with more than one concurrent sense. 
I suggest we can see that evolution if we are sensitive to appropriate time 
and terminology calculus. 

It it easy to start; see, e.g., Joseph M. Baumgarten's title in Proc. 12th 
World Congress of Jewish Studies: "The Relevance of Rabbinic Sources to the 
Study of Qumran Law." It's not hard; it might help.

But you are of course free to think differently and perhaps we will agree to 
disagree.

best,
Stephen Goranson

Quoting Ian Werrett <[EMAIL PROTECTED]>:


[....]  For the moment, however, it is helpful in
> scholarly discussions to describe the legal material at Qumran as 'halakha'.

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