By Professor of Religion Jacob Neusner PhD

The best Torah is the medium wherein the single, distinctive God makes himself recognized. The Judaic assertion of monotheism involves expression in Scripture as perfected via the Oral Torah in its local category-formations, Halakhah, norms of habit, and Aggadah norms of trust. The Halakhah of the oral Torah conveys monotheism in a philosophical mode, and the Aggadah, monotheism in a mythic mode. what's excellent in regards to the twin Torah, written and oral, is the best fit among the message and the medium, Halakhah for the philosophical monotheism, Aggadah for the mythic assertion of an analogous monotheism. Chapters One and clarify the previous, Chapters 3 and 4 the latter. The query spoke back right here issues how one canonical corpus perfects its spouse and produces as a result perfection: the conclusion of the preliminary reason and software of the Written via the Oral Torah. that's addressed via the development of enormous exemplary constructions of comparability and distinction within the shank of the ebook. 4 rules are validated: [1] the perfection throughout the systematization of the legislations of the Written Torah via the Oral Torah, in bankruptcy One; [2] the perfection of the medium of the Halakhah for the message of philosophical monotheism, in bankruptcy ; [3] the perfection of Scripture's anomalous writings throughout the dismantling of 1 rfile and the systematic recasting of one other, in bankruptcy 3; [4] the perfection of the medium of Aggadah in its kind of narrative for the message of theology referring to God's character and task, in bankruptcy 4.

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Disposition of Property Not Held by the Rightful Owner But Lost, Subject to Conflicting Claims, or Deposited with a Bailee 1. Conflict over property: the character of the oath that resolves the matter, which responds to the nature of the claim of the competing parties. That depends, further, on what portion of the property a claimant alleges is his. The will of each party enters into the transac- the legal system 11 tion, therefore, embodied as it is in the extent of each party’s claim. 2. Restoring an object to the original owner: several issues are pursued.

That is to say, we settle the conflict by a weighing or a matching of wills. the legal system 19 The Torah requires fairness, and, no other considerations’ intervening, all parties have a say on what is equitable. , a buyer and seller, to come to an agreement is set aside by other considerations. The will cannot overcome the law of the Torah. The Torah prohibits usury, which involves the concept of distributive economics that inherent in an exchange is a set valuation, which the participants may not set aside.

But if it is stolen from him, he shall make restitution to its owner. If it is torn by beasts, let him bring it as evidence; he shall not make restitution for what has been torn. If a man borrows anything of his neighbor and it is hurt or dies, the owner not being with it, he shall make full restitution. If the owner was with it, he shall not make restitution; if it was hired, it came for its hire” (Ex. ). The distinctions among types of bailee and the rules set forth in the Halakhah systematize the laws of Scripture.

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