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I. Rulings Contrary to the Bavli I. Rulings Contrary to the Bavli
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Rabbenu Gershom Me’or ha-Golah Rabbenu Gershom Me’or ha-Golah
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R. Yehudah Ba’al Sefer ha-Dinim R. Yehudah Ba’al Sefer ha-Dinim
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II. Biblical Verses and Midrashim II. Biblical Verses and Midrashim
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R. Yehudah ha-Kohen, Ba’al Sefer ha-Dinim R. Yehudah ha-Kohen, Ba’al Sefer ha-Dinim
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R. Yosef Tov ’Elem of Limoges R. Yosef Tov ’Elem of Limoges
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Four The Authority of the Babylonian Talmud and the Use of Biblical Verses and Aggadah in Early Ashkenaz
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Published:November 2014
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Abstract
This chapter dissent from the now widely held view — which has arisen over the past quarter of a century as a result of the writings of Grossman — that the scholars of Early Ashkenaz did not feel bound by the Babylonian Talmud (Bavli); that, on the contrary, they knowingly and openly disregarded that corpus in their rulings and resolved halakhic questions on the basis of Mishnah, aggadah, and biblical verses. This view was then expanded by I. M. Ta-Shma to include the Tosafists. Hence, the chapter addresses the arguments made for Early Ashkenaz. It shows that the controlling role of the Bavli is in evidence everywhere and, it should be emphasized, from the earliest days of the Ashkenazic community. The determinations of the Bavli are at all times dispositive of the question at bar, and the rare exceptions to the rule merit careful examination.
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