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Talmudic law is the law that is derived from the Talmud based on the teachings of the Talmudic Sages. See Talmud or Talmudical Hermeneutics for more information.
A law is de'oraita (Aramaic: דאורייתא, "of the Torah," i.e. scriptural) if it was given with the written Torah. A law is derabbanan (Aramaic: דרבנן, "of our rabbis," Rabbinic) if it is ordained by the rabbinical sages. [1] The concepts of de'oraita and derabbanan are used extensively in Jewish law.
The Talmud (/ ˈ t ɑː l m ʊ d,-m ə d, ˈ t æ l-/; Hebrew: תַּלְמוּד , romanized: Talmūḏ, lit. 'teaching') is, after the Hebrew Bible, the central text of Rabbinic Judaism and the primary source of Jewish religious law and Jewish theology.
The Talmud contains not just the final ruling which is codified as binding law, but also the discussions that lead to that conclusion. [3] The major Halachic works are Mishnah and Tosefta (1st–2nd centuries), Babylonian Talmud and Jerusalem Talmud (3rd to 6th centuries), as well as Halakhic midrashim. [ 3 ]
Rabbinic authority also distinguished the practice of Judaism by the Pharisees (i.e., Rabbinic Judaism) to the religious practice of the Sadducees and the Qumran sect. [2] [3] This concept is linked with the acceptance of rabbinic law, which separates Judaism from other offshoot religions such as Samaritanism and Karaite Judaism.
The Talmud makes reference to the principle of dina de-malkhuta dina ("the law of the land is law"), a principle recognizing non-Jewish laws and non-Jewish legal jurisdiction as binding on Jewish citizens, provided that they are not contrary to any laws of Judaism. [7] [8]
The Babylonian Talmud has Gemara—rabbinical analysis of and commentary on the Mishnah—on thirty-seven masekhtot. The Jerusalem Talmud (Yerushalmi) has Gemara on thirty-nine masekhtot. [1] The Talmud is the central text of Rabbinic Judaism and the primary source of Jewish religious law and Jewish theology. [2]
The Talmud is the repository of thousands of years of Jewish wisdom, and the oral law, which is as ancient and significant as the written law (the Torah) finds expression therein. It is a conglomerate of law, legend, and philosophy, a blend of unique logic and shrewd pragmatism, of history and science, anecdotes and humor...