Midrash Halakha - Contrast With Earlier Halakha

Contrast With Earlier Halakha

The wide divergence between the simple exegesis of the older halakha and the artificiality of the younger is illustrated also by the difference in the method of explaining the Law, cited above, in regard to uncleanness. Both halakot regard it as self-evident that if a man is unclean, whether it be from contact with a corpse or from any other cause, he may not share in the Passover (Pes. 93a). The younger halakha, despite the dot over the ה, reads "reḥoḳah" and makes it refer to "derek" (English "road" or "way") even determining how far away one must be to be excluded from participation in the feast. However, to find a ground for the halakha that those who are unclean through contact with other objects than a corpse may have no share in the Passover, it explains the repetition of the word "ish" in this passage (Lev. ix. 10) as intending to include all other cases of defilement.

Despite this difference in method, the midrashim of the older and of the younger halakha alike believed that they had sought only the true meaning of the Scriptures. Their interpretations and deductions appeared to them to be really contained in the text; and they wished them to be considered correct Biblical expositions. Hence they both have the form of Scriptural exegesis, in that each mentions the Biblical passage and the halakha that explains it, or, more correctly, derives from it.

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