Methodological Musings on the Study of ‘Kelalei Pesak’: ‘Hilkheta ke-Rav be-issurei ve-khi-Shemuel be-dinei’

This article analyses one set of principles of adjudication, hilkheta ke-Rav be-issurei ve-khi-Shemuel be-dinei , ‘the law is according to Rav in ritual matters and according to Shemuel in civil matters’. It demonstrates the methodological advantages and limitations of investigating primary textual witnesses of the Babylonian Talmud (Geniza fragments, medieval manuscripts and first printed editions) and medieval Jewish legal literature (Geonim and Rishonim) for dating principles of adjudication. Although the data collected do not enable definitive conclusions for dating the principle concerning Rav, an Oriental Geniza fragment of Talmud along with the commentaries and rulings of medieval Spanish authorities yield the conclusion that the rule concerning Shemuel can be dated to the post-talmudic period.