Haim Rubniz

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Haim
Rubniz
The Department of Talmud and Halacha

The Department of Talmud and Halacha

Subject: The development of Halacha from the period of the Tanim to the period of the Amoraim.

Advisor: Prof. Yair Furstenberg

Abstract: My research intends to deal with an unusual practice called "Knin Soder" in the Babylonian Talmud, in which a symbolic object is transferred from the buyer to the seller. Although in Babylonian this property, which may have an echo in the Book of Ruth 4:7, is recognized as one of the main Ways of buying and is raised on many issues, surprisingly it seems to have no mention in Tannaic literature and Jerusalem Talmud. The uniqueness of this Knin is also evident in the ambiguity surrounding its essence. In the Babylonian (B.M. 47a) different opinions are expressed in the basic way of making Knin, And the commentators of the Talmud (Kiddushin 3a) debated the essence of property as to whether it was a matter of exchange or a symbolic act to end the bargaining. Some scholars have already briefly discussed the disappearance of “Knin Soder” from Tannaic literature (see: Benjamin de Vries, "Knin Soder," 1922, pp. Relach-Ramg, and in Zionists). However, there has not yet been a comprehensive mapping and discussion in depth and breadth of the Babylonian issues that raise this Knin, nor from a comparative point of view to local government laws. It seems that the discrepancy regarding this Knin between the Tannaic and Babylonian literature may indicate a real development in the ways of property in halacha. In order to carry out the research, I will have to go through references to this Knin throughout Talmudic literature and examine its development while performing a precise philological analysis. Some of the questions that will confront me are: Does this Knin arise clearly already in the first generations of the Amorai of Babylon, or does it arise only in the later layers of the Babylon? Has the penetration of this Knin into the halachic world brought about an interpretation of ancient sources that is different from their original intention? This study may add another layer to the understanding of Babylonian editing and exposure The different layers from which it is built, a subject in which the last word has not yet been spoken. At the same time, I will have to investigate in depth the understanding of the process of development of Knin and compare it with local custom. The local custom could be Roman law, the Land of Israel culture, or even the Sassanid law regarding the Babylonian. The influence of Sassanid law on the Babylonian has recently been discussed in research, mainly by Prof. Jacob Elman and some of his students. It should be noted that comparative research between the Babylonian and Sassanid law is still in its infancy, and in-depth studies in this directionmay contribute greatly to future research directions. For the purpose of my research, I intend to acquire other research languages, such as the Middle Persian language (Pahlavi), in parallel with my current Syriac studies. And perhaps even the Latin language. 

MA Honors 2024/25