In the Hebrew Bible
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Tikkun Olam -- Repairing the World
Sat 12 May 2018 / 27 Iyyar 5778 B”H Dr Maurice M. Mizrahi Congregation Adat Reyim Lunch and Learn Tikkun Olam -- Repairing the World Introduction the repair of the world” -- making the world a -- תיקון עולם -- Tikkun ‘olam“ better place. -Very popular concept since 1980s in non-traditional Jewish circles, in the sense of social action, espousing progressive causes, encouraging political correctness, etc. -Is it the mission of Judaism, though? What does it really mean? Five meanings have surfaced in the evolution of Judaism: 1-Going beyond the law to prevent undesirable consequences Origin of term is in Mishnah. Rabbis would render rulings “Mip'nei tikkun ha-‘olam -- for the sake of the repair of the world”. Rulings are not commanded by Torah, go beyond strict commandments, but are deemed necessary to keep order in the world. [Gittin 32a ff; Bava Metzia 83a, 14b; Chagigah 2b; Ketubot 52a-b, 56b] Example 1: The half-slave A man dies and leaves a slave to his two sons. One sets him free, the other does not. -Bet Hillel rules that the slave must work for his master half the time, and is free the other half. -Bet Shammai disagrees, because then the slave then cannot marry and procreate (can’t marry a free woman and can’t marry a slave woman): [Bet Shammai said: And if you say] he should be idle [and not marry], isn’t it [true that] the world was created only for procreation, as it says [in Isaiah]: 1 [God] did not create [the world] to be a waste. -
Guardianship for Orphans in Talmudic Law
Guardianship for Orphans in Talmudic law AMIHAI RADZYNER ABSTRACT The article reviews the Talmudic institution of guardianship for orphans, as it appears in sources from Palestine and Babylon, mostly from the second to the fifth centuries CE. It is likely that the foundations of this institution are found in foreign law, but after it was absorbed in Jewish law, it began to build an independent life, and was not necessarily affected by its legal system of origin. The design of the institution was mainly conducted by the Jewish sages of the second-century (Tannaim). The Mishnah and Tosefta are already showing a fairly well-developed system of guardianship laws. This system was not changed substantially afterward, and the later Talmudic sages (Amoraim) continued to develop the institution upon the foundation created by their pre- decessors. The Talmudic sources present a fairly well-developed institution, from its creation through the duties of the guardian during his tenure to the end of the guardianship term. 245 INTRODUCTION It seems that like in other instances, the Greek term for guardian – epitropos which appears many times in Talmudic literature shows us ,1('אפוטרופוס') that it involves an institution which was created in Talmudic law under the influence of Greek and Roman Law, two legal traditions that were prevalent in Palestine at the time of the creation of the institution of guardianship.2 This does not mean, at the same time that the principles of the laws of Talmudic guardianship, which I shall not discuss in this short article, are identical to those of any known Greek or Roman law.3 Within this framework I shall con- fine my analysis to Talmudic Law and its principles exclusively. -
Twelve Tribes Under God “The Jewish Roots of Western Freedom” by Fania Oz-Salzberger, in Azure (Summer 2002), 22A Hatzfira St., Jerusalem, Israel
The Periodical Observer conquered lands were never required to sur- gained a foothold in Italy when he died in the render their property—or their faith. late 15th century; Suleiman the Magnificent Each successive Crusade was better fund- failed to take Vienna in 1529 only because ed and organized, yet each was less effective freak rainstorms forced him to abandon than the one before it. By the 15th and 16th much of his artillery. centuries, “the Ottoman Turks [had] con- The real field of battle, meanwhile, was quered not only their fellow Muslims, thus fur- shifting from the military realm to industry, ther unifying Islam, but also continued to science, and trade. With the Renaissance press westward, capturing Constantinople and then the Protestant Reformation, and plunging deep into Europe itself.” European civilization entered a new era of Only happenstance prevented Islam from dynamism, and the balance of power shifted moving farther west: Sultan Mehmed II had decisively to the West. Twelve Tribes under God “The Jewish Roots of Western Freedom” by Fania Oz-Salzberger, in Azure (Summer 2002), 22A Hatzfira St., Jerusalem, Israel. Ask a political theorist to name the histor- famous commitment to the “pursuit of life, ical foundations of Western liberalism, and the liberty, and property,” Oz-Salzberger reply will be predictable: the polis of Athens, asserts, was grounded in a theory of respon- the Roman Republic, the Magna Carta, etc. sibility and charity drawn from the Bible. Few are likely to mention the Torah—the first These philosophers tended to find in the five books of the Hebrew Bible—or the ancient “Hebrew Republic” an example that Talmud. -
New Contradictions Between the Oral Law and the Written Torah 222
5/7/2019 222 New Contradictions between the Oral Torah and the Written Torah - iGod.co.il Science and faith main New Contradictions Between The Oral Law And The Written Torah 222 Contradictions in the Oral Law Talmud Mishneh Halacha 1/68 /מדע-אמונה/-101סתירות-מביכות-בין-התורה-שבעל-פה-לתורה/https://igod.co.il 5/7/2019 222 New Contradictions between the Oral Torah and the Written Torah - iGod.co.il You may be surprised to hear this - but the concept of "Oral Law" does not appear anywhere in the Bible! In truth, such a "Oral Law" is not mentioned at all by any of the prophets, kings, or writers in the entire Bible. Nevertheless, the Rabbis believe that Moses was given the Oral Torah at Sinai, which gives them the power, authority and control over the people of Israel. For example, Rabbi Shlomo Ben Eliyahu writes, "All the interpretations we interpret were given to Moses at Sinai." They believe that the Oral Torah is "the words of the living God". Therefore, we should expect that there will be no contradictions between the written Torah and the Oral Torah, if such was truly given by God. But there are indeed thousands of contradictions between the Talmud ("the Oral Law") and the Bible (Torah Nevi'im Ketuvim). According to this, it is not possible that Rabbinic law is from God. The following is a shortened list of 222 contradictions that have been resurrected from the depths of the ocean of Rabbinic literature. (In addition - see a list of very .( embarrassing contradictions between the Talmud and science . -
Three Types of Commandments
Sat 2 Feb 2019 / 27 Shevat 5779 B”H Dr Maurice M. Mizrahi Congregation Adat Reyim Torah discussion on Mishpatim Three Types of Commandments Introduction This week’s Torah portion is Mishpatim, meaning “Laws”. The Israelites have just heard the Ten Commandments, and now they learn the details. The parasha has no less than 53 commandments. It begins with: When you acquire a Hebrew slave, he shall serve you for six years; but in the seventh year he shall go free, without paying anything. [Ex. 21:2] And the next four verses give more details on how the slave is to be treated. That’s odd… Why begin with a validation of slavery, albeit with restrictions, when the Israelites themselves have just been rescued from slavery? We expected the Torah to say: “You shall not enslave another person, because you yourselves were slaves in the Land of Egypt.” But it doesn’t. Why not? God figured that Jews would not have accepted Torah if some allowances were not made for existing practices. Three types of commandments There are three types of injunctions in the Torah: 1. You must not do this 2. You may do this, within limits 3. You must do this Over the centuries, the rabbis treated them differently. 1. You must not do this Negative commandments were never qualified. They were the limits of behavior. The rabbis could not find a logical basis for allowing that which is forbidden, except to save a life, and even then with exceptions: 1 -Pikuach nefesh: You may violate any commandment to save a life, except those against idolatry, sexual immorality and murder. -
Lending and Love: a Jewish Approach to Loans Parshat Be-Har-Be-Hukkotai, Leviticus 25:1 - 27:34| by Mark Greenspan “Loans and Lending,” by Rabbi Tracee L
Lending and Love: A Jewish Approach to Loans Parshat Be-har-Be-Hukkotai, Leviticus 25:1 - 27:34| By Mark Greenspan “Loans and Lending,” by Rabbi Tracee L. Rosen, (pp.556- 570) in The Observant Life Introduction Tracee Rosen suggests that the Torah provides a system of social engineering in its complex laws of land management and interest-free loans. Every seven years the land was to lie fallow and debts were cancelled. In the meantime it was forbidden for Jews to charge one another interest when lending money. Tracee Rosen writes, “Both are social engineering policies designed to forestall widening the chasm between the haves and the have-nots in society. Helping the poor become more self-sufficient through these two policies also meant a reduction in the number of Jews who would be required to sell themselves into indentured servitude to repay their debts.” That said we confront a variety of complex problems in the practical application of these laws both in ancient and modern times. While borrowing was the last resort in an agrarian society lending and borrowing of money took on commercial significance in a society that was built upon business and the exchange of capital rather than agriculture. The sages came up with ingenious strategies for circumventing the prohibition against lending money with interest while trying to maintain the spirit if not the letter of the law. At the heart of these practices was a deep belief that property is not ours unconditionally and that we have a responsibility to share our resources with others. -
5770 Volume XVII Number 47
Re’eh 5770 Volume XVII Number 47 Toras Aish Thoughts From Across the Torah Spectrum beware "lest there be a malevolent thought in your RABBI SHLOMO RISKIN heart, saying, 'The seventh year, the debtor-release Shabbat Shalom year, is approaching,' and you will look meanly upon your destitute and you will not give him a loan; he may he biblical portion of Re'eh contains many laws - then appeal against you before the Lord, and it will be ritual and ethical - but with a marked emphasis on accounted to you as a sin. You must give, yes give Tthe ethical, especially in terms of interpersonal him... and, in return, G-d will bless you in all your deeds relationships and finances. In this context, our and in your every undertaking" (ibid 15:9,10). portion includes the law of the Sabbatical year requiring But is this really fair? Can the Bible legitimately the Israelites to leave their land fallow every seventh expect creditors to wipe out their IOU receivables in the year, neither sowing nor pruning nor reaping nor sabbatical year? And the fact is that when society harvesting. The land is allowed to rest and restore itself, changed from an agrarian to an industrial system, and fruits and vegetables are left "free for all takers" and the individuals began making business rather than personal clear lesson is that "no land may be sold [or owned] in loans, the sages allowed for a prozbul, wherein loans perpetuity, for the land [even land which G-d gave to were to be made through the religious court and Israel] is Mine [G-d's]; you [human occupants] are therefore would not have to be rescinded on the merely strangers and residents with Me [on My land]" seventh year (B.T. -
Charles Leben
THE TIKVAH CENTER FOR LAW & JEWISH CIVILIZATION Professor Moshe Halbertal Professor J.H.H. Weiler Directors of The Tikvah Center Tikvah Working Paper 04/12 Charles Leben The reference to Hebrew sources in the doctrine of the law of nature and of nations in early modern Europe NYU School of Law New York, NY 10011 The Tikvah Center Working Paper Series can be found at http://www.nyutikvah.org/publications.html All rights reserved. No part of this paper may be reproduced in any form without permission of the author. ISSN 2160‐8229 (print) ISSN 2160‐8253 (online) Copy Editor: Danielle Leeds Kim © Charles Leben 2012 New York University School of Law New York, NY 10011 USA Publications in the Series should be cited as: AUTHOR, TITLE, TIKVAH CENTER WORKING PAPER NO./YEAR [URL] The reference to Hebrew sources THE REFERENCE TO HEBREW SOURCES IN THE DOCTRINE OF THE LAW OF NATURE AND OF NATIONS IN EARLY MODERN EUROPE By Charles Leben Abstract The generous invitation from New York University’s Straus Institute for the Advanced Study of Law & Justice and the Tikvah Center for Law & Jewish Civilization has enabled me to investigate a subject I had long been thinking about but had never had the time to work on seriously.1 The subject is rooted in both the history of international law and in the history of political ideas. As regards the history of international law, my attention was drawn several decades ago by a paper by the late Shabtaï Rosenne in the Netherlands Review of International Law in 1958 on “The Influence of Judaism on the Development of International Law: a Preliminary Assessment”.2 It was a paper that, with just a single exception, was not to be followed up on and which, it seems, has largely been forgotten. -
Techniques and Assumptions in Jewish Exegesis Before 70 CE
Texte und Studien zum Antiken Judentum Herausgegeben von Martin Hengel und Peter Schäfer 30 Techniques and Assumptions in Jewish Exegesis before 70 CE by David Instone Brewer J.C.B. Mohr (Paul Siebeck) Tubingen Die Deutsche Bibliothek - CIP-Einheitsaufnahme Instone Brewer, David: Techniques and assumptions in Jewish exegesis before 70 CE / by David Instone Brewer. - Tübingen : Mohr, 1992 (Texte und Studien zum antiken Judentum ; 30) ISBN 3-16-145803-6 NE: GT © 1992 J.C.B. Mohr (Paul Siebeck), P.O. Box 2040, D-7400 Tübingen. This book may not be reproduced, in whole or in part, in any form (beyond that permitted by copyright law) without the publisher's written permission. This applies particularly to reproductions, translations, microfilms and storage and processing in electronic systems. The book was typeset by Typobauer, Scharnhausen using Times typeface, printed by Guide-Druck in Tübingen on acid-free paper from Papierfabrik Gebr. Buhl in Ettlingen and bound by Heinrich Koch in Tübingen. ISSN 0721-8753 Preface This book was originally submitted as a PhD thesis at Cambridge, Eng- land. I would like to acknowledge the assistance and encouragement of Dr William Horbury of whose breadth of knowledge I have yet to discover the limits. He is truly "a plastered cistern which loses not a drop" (mAv.2.8). His suggestions have been acknowledged occasionally, but every page has been influenced by his careful and balanced scholarship. I would also like to thank Barnabus Lindars and Raphael Loewe for their careful reading of the complete text. I have followed Raphael Loewe's advice about translation of Mishnaic Hebrew at many points, but the literal and 'un-English' translation style is my own. -
Hebraism and the Problem of Church and State in England, 1642–1660 Charles W.A. Prior, Department of History, University of Hu
Hebraism and the problem of church and state in England, 1642–1660 Charles W.A. Prior, Department of History, University of Hull Abstract This essay examines the use of Hebrew sources in debates on church and state in civil war England. It fits within a developing historiography that seeks to uncover the deeper texture of early modern political discourse, and also poses questions about the prevalence of statist and secular understandings of public power in the context of the English civil war. Its specific focus is on debates on church government in the 1640s, studies of the Hebrew commonwealth in the 1650s, and the use of Hebraism by Hobbes and Harrington as an antidote to clericalism. Keywords English civil war, church and state, anticlericalism, commonwealths, Thomas Hobbes, James Harrington Between 1640 and 1642, England experienced a collapse of Church and state. In a flurry of legislation, the Long Parliament dismantled the major pillars of the Church of England, casting out its bishops, abolishing its church courts, and suspending the Thirty-Nine articles. Early in 1641, Charles I was forced to surrender his right to dissolve parliament, and to reluctantly sign the death warrant of Thomas Wentworth, the Earl of Strafford; by the late summer of 1642, parliament and king were at war. At the root of this civil war was a constitutional crisis, based – among other things – on disagreement over the proper nature and extent of ecclesiastical sovereignty. 1 The civil wars are some of the most heavily narrated and contested events in English history, with whole monographs devoted to untangling various threads of evidence and interpretation. -
Josephus in Modern Jewish Culture
Josephus in Modern Jewish Culture Edited by Andrea Schatz LEIDEN | BOSTON For use by the Author only | © 2019 Koninklijke Brill NV Contents Preface vii Abbreviations ix Notes on Contributors x Introduction: Reading and Re-writing Josephus for Modern Times 1 Andrea Schatz 1 Josephus in Early Modern Jewish Thought from Menasseh to Spinoza 17 Jacob Abolafia 2 Hidden Polemic: Josephus’s Work in the Historical Writings of Jacques Basnage and Menaḥem Amelander 42 Bart Wallet 3 A Tradition in the Plural: Reframing Sefer Yosippon for Modern Times 62 Andrea Schatz 4 The ‘Maskil Hero’: the Image of Josephus in the Worldview of the Jewish Enlightenment 85 Yotam Cohen 5 Josephus and the Jewish Chronicle: 1841–1855 106 Sarah Pearce 6 Kalman Schulman’s Josephus and the Counter-History of the Haskalah 144 Shmuel Feiner 7 Kalman Schulman’s Hebrew Translation of Josephus’s Jewish War 155 Lily Kahn 8 In the Shadow of Napoleon: the Reception of Josephus in the Writings of Jost, Salvador and Graetz 185 Marcus Pyka For use by the Author only | © 2019 Koninklijke Brill NV vi Contents 9 Dismantling Orientalist Fantasies and Protestant Hegemony: German Jewish Exegetes and Their Retrieval of Josephus the Jew 218 Alexandra Zirkle 10 Can’t Live with Him, Can’t Live without Him: Josephus in the Orthodox Historiography of Isaac Halevy and Ze’ev Yavetz 240 Eliezer Sariel 11 Josephus through the Eyes of Zvi Hirsch Masliansky (1856–1943): between Eastern Europe, the USA and Eretz Yisra’el 264 Tessa Rajak 12 Taking Josephus Personally: the Curious Case of Emanuel Bin Gorion 281 Orr Scharf 13 ‘Flavius’ on Trial in Mandate Palestine, 1932–1945: Natan Bistritzky’s Hebrew Play and Lion Feuchtwanger’s German Trilogy 309 Yael S. -
'A Shmita Manifesto'
‘A Shmita Manifesto’ A radical sabbatical approach to Jewish food reform in the United States ADRIENNE KRONE revolutionary movement recently cropped up with a vision to revitalize American Jewish A environmentalism through food reform. This movement implemented shmita (sabbatical) year practices, which Jewish law mandates only inside the land of Israel, in the United States dur- ing the shmita year that began in September 2014. This article ofers a brief historical overview of shmita and then utilizes the main texts of the shmita movement to explore how the Shmita Project connects the diverse worlds of Judaism, environmentalism, ethics, and food reform. The Shmita Project encapsulates a multivalent environmentalist strain of American Judaism that is deeply concerned with climate change, industrial agriculture, and food injustice. The unprecedented observance of an American shmita year, focused on land stewardship and food security, is emblematic of this movement’s eforts towards sustainable agriculture, animal welfare, and repair- ing the American food system through practices that are inspired by Jewish tradition and values. Introduction A revolutionary movement recently cropped up with a vision to revital- ize American Jewish environmentalism through food reform. Tis movement implemented shmita1 year practices in the United States. Shmita is translated literally as ‘release’ but it is more popularly translated as ‘sabbatical’. Shmita is a sabbath for the land. Similar to the weekly sabbath, a day of rest after six days of work, shmita is a year of rest for the land after it has been worked for six years. Shmita highlights both the importance and the sacred qualities attributed to land in Judaism.