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  • 1
    Language: Hebrew
    Year of publication: 2020
    Titel der Quelle: דיני ישראל; שנתון לחקר המשפט העברי
    Angaben zur Quelle: לד (תשפא) 239-264
    Keywords: Maimonides, Moses, ; Jewish law Philosophy ; Rabbinical courts
    Abstract: An interesting interpretation holds that the legal construction on whichMaimonides based the absolute validity of the Talmud – its actual acceptancethroughout all Jewish communities – also stands at the infrastructure of theexpected future validity of the Mishneh Torah. According to this perception,when Maimonides’ magnum opus will gain widespread recognition itsexclusive legal status will be established: henceforth it will replace the Talmud,and will be used as the basic halakhic text from which adjudication is derived.As I suggest, this legal construction, mentioned in the introduction to theMishneh Torah, was perceived by Maimonides as a necessity for the foundationof the absolute validity of the Talmud, but not as a sufficiency. Along withthe actual acceptance of the Talmud, Maimonides set another necessity – theidentification of amoraic rulings as legislations of “Beit Din Gadol.” SinceMaimonides required these two necessities to establish the absolute validityof the Talmud, and neither of the post-talmudic treatises – including theMishneh Torah – can meet these two cumulative conditions, it was found thatMaimonides did not and could not assume his monumental treatise to bean absolutely valid codification under any circumstances.
    Note: With an English summary.
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