Building the Set Table: An Introduction to the Jurisprudence of Rabbi Yehiel Mikhel Epstein’s Arukh ha-Shulhan in Contrast to the Mishnah Berurah

33 Dine Israel 1 (2020)

70 Pages Posted: 25 Jan 2022

See all articles by Michael J. Broyde

Michael J. Broyde

Emory University School of Law

Shlomo Pill

Emory University School of Law

Date Written: 2020

Abstract

This paper offers an historical overview of the development of Jewish law in terms competing tendencies favoring legal codification and discursive jurisprudence. This historical tension between differing perspectives on the best way to conceptualize and communicate Jewish law set the stage for a basic methodological divide between two late-nineteenth century efforts to restate Jewish law at a critical juncture in Jewish life and religious development: Rabbi Yehiel Mikhel Epstein's "Arukh ha-Shulhan" and Rabbi Israel Meir Kagan's "Mishnah Berurah." This paper goes on the explicate fundamental differences in the jurisprudential methods of these two seminal works, and illustrates these differences by exploring four substantive disagreements on particular points of ritual law.

Keywords: Jewish Law, Jurisprudence, Codification, Arukh Hashulchan, Mishnah Berurah, Legal Methodology

Suggested Citation

Broyde, Michael J. and Pill, Shlomo, Building the Set Table: An Introduction to the Jurisprudence of Rabbi Yehiel Mikhel Epstein’s Arukh ha-Shulhan in Contrast to the Mishnah Berurah (2020). 33 Dine Israel 1 (2020) , Available at SSRN: https://ssrn.com/abstract=3975469 or http://dx.doi.org/10.2139/ssrn.3975469

Michael J. Broyde

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

Shlomo Pill (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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