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  • 6 - Revisiting the Problematic Texts of the Code in Light of the Guide and Contemporary Scholarship

  • Yuval Sinai, Benjamin Shmueli, Bar-Ilan University, Israel
  • Book:
    Maimonides and Contemporary Tort Theory
    Published online:
    10 August 2020
    Print publication:
    06 August 2020, pp 284-309

  • Summary

    After raising questions regarding the problematic texts in the Code in Chapter 2, and presenting consequentialist – and not only deontological – objectives of Maimonides’ tort theory as the two main objectives of tort law, as seen in Chapters 3–5, Chapter 6 revisits some of the problematic texts in the Code. In this chapter we revisit some of the problematic texts in the Code and attempted to cast light on them in view of the consequentialist objective of tort law elucidated in the Guide. In this way, we try to resolve some of the difficulties that were raised in Chapter 2. At the same time, we clearly show that the Guide and the Code do not always speak with one voice. Sometimes, a general rationalization offered in the Guide in relation to a particular ruling, such as that relating to the tam ox, cannot be reconciled with the details of the ruling as specified in the Code. Revisiting some problematic texts will serve as leverage for further understanding the Maimonidean theory in the .