Dear Stephen,

Your observations about Baumgarten are correct!  Baumgarten does not assume
Sadducean origins for the Qumran mss.  In point of fact, he has, throughout his
long career, presented many papers where he considers the similarities between
the Essenes and the Qumran mss.

As for your second observation concerning 'halakha' ... I think that my position
has been well stated in our previous exchanges.  That being said, might I
suggest that you look at Y. Sussmann's article on the history of 'halakha' in
DJD X.  In this article Sussmann argues that the 'halakhic' material in the
scrolls shares many of the same features as rabbinic legal interpretation and
should be seen as an early stage in the development of what would eventually
come to be known as rabbinic 'halakha'.  This being the case, are we not well
within our rights to call the legal material at Qumran 'halakha'?  

Finally, in response to your suggestion that the use of the word 'halakha'
"obscures the fact that the Qumran/Essene legal texts did not become that
mainstream, i.e., it can obscure the history of sectarianism," I would have to
strongly disagree with you.  Schiffman and H. Harrington have spent much time
showing how the Qumran 'halakha' differs from rabbinic 'halakha'.  If anything
the use of the word 'halakha' has provided us with a ruler of sorts that we can
use to determine just how and where the Qumran community differed or agreed
with rabbinic 'halakha'.

Best,
Ian


-- 
Ian Werrett
PhD Candidate
St Mary's College
University of St Andrews


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