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Midrash halakha
Midrash halakha (Hebrew: מִדְרָשׁ הֲלָכָה) was the ancient Judaic rabbinic method of Torah study that expounded upon the traditionally received 613 Mitzvot (commandments) by identifying their sources in the Hebrew Bible, and by interpreting these passages as proofs of the laws' authenticity.
The term midrash halakha is also applied to the derivation of new laws, either by means of a correct interpretation of the obvious meaning of scriptural words themselves or by the application of certain hermeneutic rules.
The word midrash is rooted in the term drash, literally "seek," or "enquire," but practically meaning exposition. Midrash is then "that which has been expounded," or more simply, a work focused on rabbinic exposition (of the Torah or of Torah based laws and ethics). The word is applied only to compilations of Tannaic midrash or to the Tannaic exposition process.
However, the common term midrash used by itself has come to be a shorthand for the term midrash aggadah which, in contrast to midrash halakha, are non-legal tannaic expositions that are based on the Bible. Midrash halakha is not aggadic, sometimes resulting in confusion with the common shorthand meaning of midrash. Instead, the product of midrash halakha are legal works, primarily Mishnah and Beraisa.
The phrase "Midrash halakha" was first employed by Nachman Krochmal, the Talmudic expression being Midrash Torah = "investigation of the Torah". These interpretations were often regarded as corresponding to the real meaning of the scriptural texts; thus it was held that a correct elucidation of the Torah carried with it the proof of the halakha and the reason for its existence.
In the midrash halakha three divisions may be distinguished:
The older halakha sought only to define the compass and scope of individual laws, asking under what circumstances of practical life a given rule was to be applied and what would be its consequences. The older midrash, therefore, aims at an exact definition of the laws contained in the scriptures by an accurate interpretation of the text and a correct determination of the meaning of the various words. The form of exegesis adopted is frequently one of simple lexicography, and is remarkably brief.
A few examples will serve to illustrate the style of the older midrash halakha. It translates the word ra'ah (Exodus 21:8) as "displease" (Mekhilta, Mishpatim), which is contrary to the interpretation of Rabbi Eliezer. From the expression be-miksat (Exodus 12:4), which, according to it, can mean only "number," the older halakha deduces the rule that when killing the Passover lamb the slaughterer must be aware of the number of persons who are about to partake of it.
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Midrash halakha
Midrash halakha (Hebrew: מִדְרָשׁ הֲלָכָה) was the ancient Judaic rabbinic method of Torah study that expounded upon the traditionally received 613 Mitzvot (commandments) by identifying their sources in the Hebrew Bible, and by interpreting these passages as proofs of the laws' authenticity.
The term midrash halakha is also applied to the derivation of new laws, either by means of a correct interpretation of the obvious meaning of scriptural words themselves or by the application of certain hermeneutic rules.
The word midrash is rooted in the term drash, literally "seek," or "enquire," but practically meaning exposition. Midrash is then "that which has been expounded," or more simply, a work focused on rabbinic exposition (of the Torah or of Torah based laws and ethics). The word is applied only to compilations of Tannaic midrash or to the Tannaic exposition process.
However, the common term midrash used by itself has come to be a shorthand for the term midrash aggadah which, in contrast to midrash halakha, are non-legal tannaic expositions that are based on the Bible. Midrash halakha is not aggadic, sometimes resulting in confusion with the common shorthand meaning of midrash. Instead, the product of midrash halakha are legal works, primarily Mishnah and Beraisa.
The phrase "Midrash halakha" was first employed by Nachman Krochmal, the Talmudic expression being Midrash Torah = "investigation of the Torah". These interpretations were often regarded as corresponding to the real meaning of the scriptural texts; thus it was held that a correct elucidation of the Torah carried with it the proof of the halakha and the reason for its existence.
In the midrash halakha three divisions may be distinguished:
The older halakha sought only to define the compass and scope of individual laws, asking under what circumstances of practical life a given rule was to be applied and what would be its consequences. The older midrash, therefore, aims at an exact definition of the laws contained in the scriptures by an accurate interpretation of the text and a correct determination of the meaning of the various words. The form of exegesis adopted is frequently one of simple lexicography, and is remarkably brief.
A few examples will serve to illustrate the style of the older midrash halakha. It translates the word ra'ah (Exodus 21:8) as "displease" (Mekhilta, Mishpatim), which is contrary to the interpretation of Rabbi Eliezer. From the expression be-miksat (Exodus 12:4), which, according to it, can mean only "number," the older halakha deduces the rule that when killing the Passover lamb the slaughterer must be aware of the number of persons who are about to partake of it.