Midrash And Mishnah a Study in the Early History of the Halakah

Cover Midrash And Mishnah a Study in the Early History of the Halakah
Midrash And Mishnah a Study in the Early History of the Halakah
Jacob Zallel Lauterbach
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If, however, we include the passage nX?:)1L2n nUX IHC pnnVrD l\X n?0 in the original Midrash of the older teachers, we must assume that the term nX?D"lDn nnS is used by them in a narrow sense to designate 'the original sources of uncleanness', and not in the technical sense in which it is used usually to designate a certain degree of uncleanness (see Horowitz, op. Cif. , p. 8).
That the D''JVL:'X"in iD'^^pT excluded even so-called nXl31L:n mZX is 76 MIDRASH AND MISHNAH the a^3i::'S"in D^Jpr mus
...t have considered the following passage ms nxr^iu b^l y:-' -il"s is* as another i^ba and formulated the rule tDisn py3 si's p nnx \x b^ai Di£l ^5^3, and accord- ingly included other nsTVon nUwS' which are like {^JT'O.
From a comparison of the explanation given to Jose's first decision in Abodah zarah 37 a with Hullin 66 a we learn that the decision declaring xvr^P ?^N as clean was reached by Jose also by means of applying the rule ij^31 t2"i3i bb:i to include nisn py3 (see Rashi Ab. Zarah, ad /oc, and Tosfot Yomtob to Eduyot VII, 8).


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