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The Jewish Law Annual

Author: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1134049250
Size: 12.32 MB
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Volume 17 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-16 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. The volume contains seven articles diverse in their scope and focus. Two articles are devoted to the halakhic thought of Rabbi A. I Kook; two treat classic legal questions: breach of a promise to marry, and the legal capacity of minors; two examine aspects of the judicial process, one exploring talmudic analyses of the biblical requirement that courts be established in every town, and the other, post-talmudic views on judicial authority in cases suspected of fraudulent claims. Another article addresses the fascinating question of the epistemic-pedagogic worldviews of the rival Tannaitic legal academics, the House of Hillel and the House of Shammai. The volume concludes with a section on Israeli legislation that adduces or is informed by Jewish law, and two reviews of a much-discussed recent book on a topic of considerable contemporary interest: the agunah problem.

The Jewish Law Annual Volume 18

Author: Berachyahu Lifshitz
Publisher: Taylor & Francis
ISBN: 0415574048
Size: 63.71 MB
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Volume 18 of The Jewish Law Annual contains six comprehensive articles on various aspects of Jewish law. Three articles address family law. One addresses the painful issue of the plight of the wife whose husband withholds conjugal relations. In a marriage where relations are withheld, the wife may seek a divorce, while her husband may withhold divorce. Prolonged withholding of divorce renders the wife an agunah, that is, a wife chained to a dead marriage and unable to start anew and rebuild her life. The author explores the halakhic feasibility of allowing a wife in such a predicament to bring a claim for damages against her husband for infliction of mental distress. If such claims are allowed, recalcitrant husbands may rethink their intransigence and consent to grant the divorce. Another article examines the evolution of halakhic thinking on the parentâe"child relationship. It traces the stages by which halakhic family law changed from a basically patriarchal system in which both mother and the child were deemed subject to the fatherâe(tm)s will, to a more balanced system where wife and husband have equal standing with respect to custody matters, and the best interest of the child is the main consideration in custody proceedings. In another article, halakhic attitudes to corporal punishment of children are analyzed. The author explores whether the "Spare the rod and spoil the child" adage, which is based on a verse from Proverbs, indeed reflects the position of Jewish law. He shows that in fact, while recourse to corporal punishment for educational purposes is permitted--subject to detailed qualifications that greatly limit its scope--two divergent approaches to corporal punishment can be discerned in the halakhic sources. One maintains that administration of corporal punishment can be a useful pedagogic tool of last resort, whereas the other seeks to minimize recourse to corporal punishment in the educational context, questioning its efficacy. The article shows that in any event, the notion that corporal punishment is required by the law, as some, invoking the "spare the rod" maxim, have maintained, is by no means borne out by the halakhic literature. The volume also features a fascinating article on the history of two societies founded in London to further the study of Jewish law using modern scholarly methodologies. One society was active at the end of the 1920s and beginning of the 1930s, the second was active a decade later. The article explains the background to the establishment of the societies and analyzes the societiesâe(tm) objectives, leaders and memberships. Both societies were founded with the intention of reformulating the classic halakhic sources in a manner that would render them suitable for contemporary application in the nascent Jewish state. But as the author shows, ultimately much of their energy was devoted to presenting the said sources to the non-Jewish legal world, for the purpose of reciprocal enrichment and edification. Rounding out the volume are two jurisprudential studies on classic legal problems. The first explores the prohibition against seeking a second legal ruling when a ruling declaring something forbidden has been handed down. What is the scope of this rule, and in what ways does it differ from the res judicata principle in western law? The author shows that both procedural and substantive readings of the prohibition were put forward in the talmudic commentaries, and explains the jurisprudential implications of these different readings. The second article examines the question of the agent who breaches his principalâe(tm)s trust, focusing on the case of the agent who executes the act he was sent to carry out, but does so for himself, rather than his principal. To what extent is he liable for ensuing damages to the principal, and is his act invariably deemed reprehensible? Another issue is the legal status of the transaction carried out by such an agent. Do the rights and obligations generated by the transaction accrue to the agent, or to the principal? And how are determinations as to the status of the transaction to be made? Is the testimony of an unfaithful agent, or one who has deviated from his mandate, deemed trustworthy? Is any role played by third parties, such as vendors, in determining the status of the transaction?

The Jewish Law Annual

Author: Alan Jarvis
Publisher: Brill Archive
ISBN: 9789004072855
Size: 18.77 MB
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Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh v. Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.

Rabbinic Authority

Author: A. Yehuda Warburg
Publisher: Urim Publications
ISBN: 9655242064
Size: 57.39 MB
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Introducing English-speaking readers to the parameters and scope of rabbinic authority in general, and the workings of the institution of the beit din—the Jewish court of law—in particular, this book presents 10 rulings in cases of Jewish civil law that the author handed down as a member of a beit din panel. These decisions touch on matters pertaining to employment termination, tenure rights and severance pay, rabbinic contracts, issues in the not-for-profit boardroom, real estate brokerage commission, drafting a halakhic will, a revocable living trust agreement, the division of marital assets upon divorce, spousal abuse, and a father's duty to support his estranged children. Accompanying these presentations is an examination of the notion of rabbinic authority, the business judgment rule, and an agunah's ability to recover for the infliction of emotional stress.

Louis Ginzberg S Legends Of The Jews

Author: Galit Hasan-Rokem
Publisher: Wayne State University Press
ISBN: 0814340482
Size: 56.31 MB
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At the beginning of the twentieth century, many perceived American Jewry to be in a state of crisis as traditions of faith faced modern sensibilities. Published beginning in 1909, Rabbi and Professor Louis Ginzberg’s seven-volume The Legends of the Jews appeared at this crucial time and offered a landmark synthesis of aggadah from classical Rabbinic literature and ancient folk legends from a number of cultures. It remains a hugely influential work of scholarship from a man who shaped American Conservative Judaism. In Louis Ginzberg’s Legends of the Jews: Ancient Jewish Folk Literature Reconsidered, editors Galit Hasan-Rokem and Ithamar Gruenwald present a range of reflections on the Legends, inspired by two plenary sessions devoted to its centennial at the Fifteenth Congress of the World Association of Jewish Studies in August 2009. In order to provide readers with the broadest possible view of Ginzberg’s colossal project and its repercussions in contemporary scholarship, the editors gathered leading scholars to address it from a variety of historical, philological, philosophical, and methodological perspectives. Contributors give special regard to the academic expertise and professional identity of the author of the Legends as a folklore scholar and include discussions on the folkloristic underpinnings of The Legends of the Jews. They also investigate, each according to her or his disciplinary framework, the uniqueness, strengths, and weakness of the project. An introduction by Rebecca Schorsch and a preface by Galit Hasan-Rokem further highlight the folk narrative aspects of the work in addition to the articles themselves. The present volume makes clear the historical and scholarly context of Ginzberg’s milestone work as well as the methodological and theoretical issues that emerge from studying it and other forms of aggadic literature. Scholars of Jewish folklore as well as of Talmudic-Midrashic literature will find this volume to be invaluable reading.