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Author: Bernard S. Jackson
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Languages : en
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Author: Bernard S. Jackson
Publisher:
ISBN:
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Languages : en
Pages :
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Author: Joseph ben Ephraim Karo
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 366
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Rabbinic tradition is in large part a tradition of law and jurisprudence. This tradition of law comprehends fields as diverse as the law of evidence and the dietary regimen, as laws on credit and debt and the laws of ritual purity. It follows naturally that many, if not most, of the great works of rabbinical literature are law books, commentaries on the law, and collections of cases. The principal legal code, or restatement, still authoritative among traditional Jews, is the Shulhan Arukh, compiled by Joseph b. Ephraim Karo of Safed (1488-1575) and glossed by Moses Isserles of Cracow (1520-1572). This work, published in four volumes, provided the rabbinic jurist or magistrate, as well as the learned layman, with a concise review of the various areas of Jewish law that might come to his attention. One such area of traditional Jewish law was the laws of buying and selling and the laws of fraud in sales. This particular domain within traditional Jewish commercial law is surprisingly intelligible and fascinating for modern students of Jewish tradition. Buying and selling are just as much a part of the modern world as they were of past ages. Moreover, the student of legal history or comparative law will find that this rabbinical code on sales and fraud in sales provides, at a glance, a view of the strata of Jewish legal development from the ancient period to the sixteenth century. Among the matters treated in this code are the formation of the agreement to buy and sell, the concept of acquisition as it relates to various types of property, legal capacity, and the requirement of good faith. The chapters on fraud reflect the moral and ethical values of Jewish tradition which are always implicit, and often explicit, in the rules of Jewish civil, criminal, and commercial legal codes. The material is clearly of interest to modern students of business ethics. A synopsis of the law of sale prefaces the work. It underscores some of the main features of this area of the law and furnishes some terminology and analysis of the material. While this synopsis does note some points of contrast and comparison with Roman law and medieval church law, it is not intended as a detailed historical or comparative study. It serves principally to introduce the text itself and establish some useful lines of understanding and classification. The translation of the laws of sale and fraud presented here has been prepared with the utmost care and attention to the technical nuances of legal terminology in both modern and ancient law. Its apparatus of notes and references includes material on the history of the printing of this translated portion of the Jewish legal tradition.
Author: François-Xavier Licari
Publisher: Cambridge University Press
ISBN: 1108421970
Category : Juvenile Nonfiction
Languages : en
Pages : 179
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This is the first book to present a systematic and synthetic introduction to Jewish law.
Author: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1134164882
Category : Law
Languages : en
Pages : 271
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Volume 16 of The Jewish Law Annual adds to the growing list of articles on Jewish Law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains seven articles diverse in their scope and focus, encompassing legal, historic, textual, comparitive and conceptual analysis, as well as a chronicle of cases of interest, and a survey of recent literature. Three of the articles, one of which explores references to Genesis in (western) canon law, make up a special section on the book of Genesis. The other topics covered are: suicide as an act of atonement in Jewish law; early interpretations of the Bible and Talmud as reflecting medieval legal realia; Ashkenazic codifiers in Spain; and authority, custom and innovation in the seventeenth-century Italian halakhic encyclopedia, Pahad Yitzhak.
Author: Bernard S. Jackson
Publisher:
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Category : Jewish law
Languages : en
Pages :
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Author: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1136013768
Category : Law
Languages : en
Pages : 358
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Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).
Author: Benjamin Porat
Publisher: Routledge
ISBN: 1317291662
Category : Law
Languages : en
Pages : 349
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Volume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.
Author: Benjamin Porat
Publisher: Routledge
ISBN: 9781138674745
Category :
Languages : en
Pages : 0
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Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
Author: Benjamin E. Fisher
Publisher: Hebrew Union College Press
ISBN: 0878201890
Category : History
Languages : en
Pages : 331
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The Spanish and Portuguese Jews of seventeenth-century Amsterdam cultivated a remarkable culture centered on the Bible. School children studied the Bible systematically, while rabbinic literature was pushed to levels reached by few students; adults met in confraternities to study Scripture; and families listened to Scripture-based sermons in synagogue, and to help pass the long, cold winter nights of northwest Europe. The community's rabbis produced creative, and often unprecedented scholarship on the Jewish Bible as well as the New Testament. Amsterdam's People of the Book shows that this unique, Bible-centered culture resulted from the confluence of the Jewish community's Catholic and converso past with the Protestant world in which they came to live. Studying Amsterdam's Jews offers an early window into the prioritization of the Bible over rabbinic literature -- a trend that continues through modernity in western Europe. It allows us to see how Amsterdam's rabbis experimented with new historical methods for understanding the Bible, and how they grappled with doubts about the authority and truth of the Bible that were growing in the world around them. Amsterdam's People of the Book allows us to appreciate how Benedict Spinoza's ideas were in fact shaped by the approaches to reading the Bible in the community where he was born, raised, and educated. After all, as Spinoza himself remarked, before becoming Amsterdam's most famous heretic and one of Europe's leading philosophers and biblical critics, he was "steeped in the common beliefs about the Bible from childhood on."
Author: Hillel Gamoran
Publisher: Hebrew Union College Press
ISBN: 0878201424
Category : Business & Economics
Languages : en
Pages : 207
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The prohibition against lending on interest (Exodus 22:24) is a well-known biblical law: "If you lend to any one of my people with you who is poor, you shall not be to him as a creditor, and you shall not exact interest from him." This prohibition was intended to prevent the wealthy from exploiting the unfortunate. In the course of time, it was seen to have consequences that militated against the economic welfare of Jewish society as a whole. As a result, Jewish law (halakhah) has over the centuries relaxed the biblical injunction, allowing interest charges despite the biblical prohibition. Hillel Gamoran seeks to explain how and when this law of high moral standing collapsed and fell over the course of the centuries. Talmudic rabbis believed that business agreements violated the biblical prohibition against lending in five areas: loans of produce, advance payment for the purchase of goods, buying on credit, mortgages, and investments. The Bible does not consider any of these activities, but all arise in postbiblical literature. How was the biblical law to be applied to situations that had not occurred in biblical times? And how could the rabbis allow these activities when they were hampered from doing so by the laws against lending on interest? To answer these questions, Gamoran examines the biblical prohibition against lending and postulates when it was written, why it was written, and to whom it applied. He then considers the early and later teachers of the Oral Law, the Tannaim and Amoraim, who expanded discussion of the ban in light of various business activities from 70 C.E. to 500 C.E. Finally, he explores how the original tannaitic proscriptions for each of the five activities were upheld or relaxed over the centuries. Each activity is considered in the period of the Geonim (ca. 650-1050), the Rishonim (ca. 1000-1500), and the Aharonim (ca. 1500-2000). For each period, Gamoran shows how the rabbis struggled with the law and with one another and used inventive interpretation to create the legal fictions necessary for business life to flourish.
