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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.
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.
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.
Talmudical hermeneutics (Hebrew: מידות שהתורה נדרשת בהן) defines the rules and methods for investigation and exact determination of meaning of the scriptures in the Hebrew Bible, within the framework of Rabbinic Judaism.
Obviously, such cases have clear parallels to those arising in the English legal system. [ 3 ] An additional illustration of the use these ancient concepts in modern-day use is the precedent in Haley v London Electricity Board , [ 4 ] holding liable the owner of such holes or public dangers that may cause injury to unaware passers-by.
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 ]
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...