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5. ‘If They are Not Prophets, They Are Sons of Prophets': Folk Religion (Minhag) as a Source of Law in Rabbinic Judaism


 
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1. Title Title of document 5. ‘If They are Not Prophets, They Are Sons of Prophets': Folk Religion (Minhag) as a Source of Law in Rabbinic Judaism - The Use and Dissemination of Religious Knowledge in Antiquity
 
2. Creator Author's name, affiliation, country Philip Alexander; University of Manchester;
 
3. Subject Discipline(s) Religious Studies; Ancient History
 
4. Subject Keyword(s) Great tradition; little tradition; Minhag (custom); Halakhah (religious law); rule of recognition
 
5. Subject Subject classification religion in antiquity
 
6. Description Abstract In this paper I borrow the anthropological concept of “a great tradition” and “a little tradition” to explore the theme of the use and dissemination of religious knowledge. I argue that the relationship between the elite “great tradition” and the popular “little tradition” should be seen as a two-way street: the traditions dynamically interact, the “little” playing as crucial a role as the “great” in the overall definition of the religion. I argue this specifically for Judaism by tracing the interaction between custom (Minhag – taken roughly as folk-religion) and law (Halakhah – the Rabbinic definition of religious practice). Starting out from a close analysis of Hillel’s dictum, “Leave it to the people. The holy spirit is upon them. If they are not prophets they are sons of prophets” (Tosefta Pesahim 4.13-14 and parallels: Yerushalmi Pesahim 6.1, 33a-b and Bavli Peshaim 66a-b), I sketch the incorporation of Minhag into Halakhah from antiquity to modern times. Drawing on Legal Positivist analysis of English common law I discuss the “rule of recognition” which was applied by the Rabbis in accepting custom as law, and identify, with concrete examples, four Rabbinic attitudes to Minhag: (1) acceptance; (2) modification; (3) rejection; and (4) toleration. Thus, from an internal analysis of the Jewish legal tradition itself I argue that folk-religion is recognized by the Rabbinic elite as having made a significant contribution to Judaism. What the elite gave to the people, the people in many cases already owned.
 
7. Publisher Organizing agency, location Equinox Publishing Ltd
 
8. Contributor Sponsor(s)
 
9. Date (YYYY-MM-DD) 20-Aug-2021
 
10. Type Status & genre Peer-reviewed Article
 
11. Type Type
 
12. Format File format PDF
 
13. Identifier Uniform Resource Identifier https://journals.equinoxpub.com/index.php/books/article/view/37994
 
14. Identifier Digital Object Identifier 10.1558/equinox.37994
 
15. Source Journal/conference title; vol., no. (year) Equinox eBooks Publishing; The Use and Dissemination of Religious Knowledge in Antiquity
 
16. Language English=en en
 
18. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.) antiquity
 
19. Rights Copyright and permissions Copyright 2014 Equinox Publishing Ltd