Jewish Law Research Guide
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Lht <Ttommtntator
r····•·• .. ······· ..········• ·······•·1 ~ ........ •-·-•............ _....... _. ......- ...... ... i Vote In ; Support the I+ S.C. Elections. lht <ttommtntator Y.U. Drive J May 9 Official Undergraduate Newspaper of Yeshiva College !-.. ........ ........................................... ....................................................... VOLUME XLIII NEW YORK CITY, TUESDAY, APRIL 24, 1956 No. 6 Announce College Tuition Hike; Lighting Inadequate Club Hour Scheduling In Most ol Building figure Set at $700 per Year Con Edison Reveals Procedure Reaffirmed Tuition at Yeshiva College will be changed from eighteen dollars The Consolidated Edison Co. per credit to a flat rate of seven hundred dollars per year, beginning The Student Faculty Relations Committee has reaffirmed the of New York, after a survey of September, 1956, announced Dr. Samuel Belkin, president of Yeshiva established procedure for scheduling of administration requested the illumination levels of various University. This new rate represents a total of 75 per cent per credit events during Club Hour. places in the University, reported increase in, tuition over the past six years. In view of the misunderstanding which arose regarding the "that all of the areas, with a scheduling of a Sophomore assembly during the club period, Profes- The new yearly rate represents few exceptions as noted, are sor Abraham Hurwitz, chairman a charge of $21.88 per credit Nine Students Get inadequately lighted." of the committee, speaking for for a student carrying an average The Con Edison report lists T. I. Scholarships Dean Simeon L. Guterman, stat load of 16 credits per semester. the location, its purpose, maxi• Set May 9 as Date The change in tuition thus raises For Israel Study mum illumination readings found For S.C. -
Some Highlights of the Mossad Harav Kook Sale of 2017
Some Highlights of the Mossad HaRav Kook Sale of 2017 Some Highlights of the Mossad HaRav Kook Sale of 2017 By Eliezer Brodt For over thirty years, starting on Isru Chag of Pesach, Mossad HaRav Kook publishing house has made a big sale on all of their publications, dropping prices considerably (some books are marked as low as 65% off). Each year they print around twenty new titles. They also reprint some of their older, out of print titles. Some years important works are printed; others not as much. This year they have printed some valuable works, as they did last year. See here and here for a review of previous year’s titles. If you’re interested in a PDF of their complete catalog, email me at [email protected] As in previous years, I am offering a service, for a small fee, to help one purchase seforim from this sale. The sale’s last day is Tuesday. For more information about this, email me at Eliezerbrodt-at-gmail.com. Part of the proceeds will be going to support the efforts of the Seforim Blog. What follows is a list and brief description of some of their newest titles. 1. הלכות פסוקות השלם,ב’ כרכים, על פי כת”י ששון עם מקבילות מקורות הערות ושינויי נוסחאות, מהדיר: יהונתן עץ חיים. This is a critical edition of this Geonic work. A few years back, the editor, Yonason Etz Chaim put out a volume of the Geniza fragments of this work (also printed by Mossad HaRav Kook). 2. ביאור הגר”א ,לנ”ך שיר השירים, ב, ע”י רבי דוד כהן ור’ משה רביץ This is the long-awaited volume two of the Gr”a on Shir Hashirim, heavily annotated by R’ Dovid Cohen. -
Hirsch on Chanukah*
RABBI SAMSON RAFAEL HIRSCH ON CHANUKAH* Excerpted by Rabbi Moshe ben Asher, Ph.D. Originally vfubj [Chanukah] belonged to a se- the pleasure derived from the awareness of a nobler ries of festive days listed in Megillath Taanith. existence. These days conveyed recollections of blissful Hellenistic culture is a protector of rights and events that proclaimed the invisible yet open inter- freedom. These concepts, however, are applied vention of God’s almighty rule for the preservation only to those who are educated; they are subject to of the people and the Law. an arrogance that claims that the rights of human The silent beam of friendly lights relates the beings begin only after they have attained a certain victory of light over darkness and tells of the level of culture. Therefore, sensitivity and concern “pure” Menorah’s rescue from the clutches of regarding one’s own self, and those close to one- Greek corruption. Chanukah recounts the rededica- self, are paired with an enormous callousness, with tion of the Sanctuary, which had been despoiled by an utmost cruelty, which assumes that the inferior the Greeks. The celebration of the eight-day Feast “uneducated masses” lack genuine feelings of of Light recalls the victorious survival of the Sanc- honor or a sensitivity for freedom or human rights. tuary, not the courage of the Maccabees. It does not Attica, so vainglorious about its rights and liberties, commemorate the liberation of the Jewish home- saw no contradiction in the fact that three-quarters land from the grip of enemy hands; it hails the of its inhabitants lived in servitude and slavery. -
Jewish Perspectives on Reproductive Realities by Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’S Reproductive Health, Rights and Justice Initiative
Jewish Perspectives on Reproductive Realities By Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’s Reproductive Health, Rights and Justice Initiative A note on the content below: We acknowledge that this document invokes heavily gendered language due to the prevailing historic male voices in Jewish rabbinic and biblical perspectives, and the fact that Hebrew (the language in which these laws originated) is a gendered language. We also recognize some of these perspectives might be in contradiction with one another and with some of NCJW’s approaches to the issues of reproductive health, rights, and justice. Background Family planning has been discussed in Judaism for several thousand years. From the earliest of the ‘sages’ until today, a range of opinions has existed — opinions which can be in tension with one another and are constantly evolving. Historically these discussions have assumed that sexual intimacy happens within the framework of heterosexual marriage. A few fundamental Jewish tenets underlie any discussion of Jewish views on reproductive realities. • Protecting an existing life is paramount, even when it means a Jew must violate the most sacred laws.1 • Judaism is decidedly ‘pro-natalist,’ and strongly encourages having children. The duty of procreation is based on one of the earliest and often repeated obligations of the Torah, ‘pru u’rvu’, 2 to be ‘fruitful and multiply.’ This fundamental obligation in the Jewish tradition is technically considered only to apply to males. Of course, Jewish attitudes toward procreation have not been shaped by Jewish law alone, but have been influenced by the historic communal trauma (such as the Holocaust) and the subsequent yearning of some Jews to rebuild community through Jewish population growth. -
Rosh Hashanah Jewish New Year
ROSH HASHANAH JEWISH NEW YEAR “The LORD spoke to Moses, saying: Speak to the Israelite people thus: In the seventh month, on the first day of the month, you shall observe complete rest, a sacred occasion commemorated with loud blasts. You shall not work at your occupations; and you shall bring an offering by fire to the LORD.” (Lev. 23:23-25) ROSH HASHANAH, the first day of the seventh month (the month of Tishri), is celebrated as “New Year’s Day”. On that day the Jewish people wish one another Shanah Tovah, Happy New Year. ש נ ָׁהָׁטוֹב ָׁה Rosh HaShanah, however, is more than a celebration of a new calendar year; it is a new year for Sabbatical years, a new year for Jubilee years, and a new year for tithing vegetables. Rosh HaShanah is the BIRTHDAY OF THE WORLD, the anniversary of creation—a fourfold event… DAY OF SHOFAR BLOWING NEW YEAR’S DAY One of the special features of the Rosh HaShanah prayer [ רֹאשָׁהַש נה] Rosh HaShanah THE DAY OF SHOFAR BLOWING services is the sounding of the shofar (the ram’s horn). The shofar, first heard at Sinai is [זִכְּ רוֹןָׁתְּ רּועה|יוֹםָׁתְּ רּועה] Zikaron Teruah|Yom Teruah THE DAY OF JUDGMENT heard again as a sign of the .coming redemption [יוֹםָׁהַדִ ין] Yom HaDin THE DAY OF REMEMBRANCE THE DAY OF JUDGMENT It is believed that on Rosh [יוֹםָׁהַזִכְּ רוֹן] Yom HaZikaron HaShanah that the destiny of 1 all humankind is recorded in ‘the Book of Life’… “…On Rosh HaShanah it is written, and on Yom Kippur it is sealed, how many will leave this world and how many will be born into it, who will live and who will die.. -
Orthodoxy in American Jewish Life1
ORTHODOXY IN AMERICAN JEWISH LIFE1 by CHARLES S. LIEBMAN INTRODUCTION • DEMOGRAPHIC CHARACTERISTICS OF ORTHODOXY • EARLY ORTHODOX COMMUNITY • UNCOMMITTED ORTHODOX • COM- MITTED ORTHODOX • MODERN ORTHODOX • SECTARIANS • LEAD- ERSHIP • DIRECTIONS AND TENDENCIES • APPENDLX: YESHIVOT PROVIDING INTENSIVE TALMUDIC STUDY A HIS ESSAY is an effort to describe the communal aspects and institutional forms of Orthodox Judaism in the United States. For the most part, it ignores the doctrines, faith, and practices of Orthodox Jews, and barely touches upon synagogue hie, which is the most meaningful expression of American Orthodoxy. It is hoped that the reader will find here some appreciation of the vitality of American Orthodoxy. Earlier predictions of the demise of 11 am indebted to many people who assisted me in making this essay possible. More than 40, active in a variety of Orthodox organizations, gave freely of their time for extended discussions and interviews and many lay leaders and rabbis throughout the United States responded to a mail questionnaire. A number of people read a draft of this paper. I would be remiss if I did not mention a few by name, at the same time exonerating them of any responsibility for errors of fact or for my own judgments and interpretations. The section on modern Orthodoxy was read by Rabbi Emanuel Rackman. The sections beginning with the sectarian Orthodox to the conclusion of the paper were read by Rabbi Nathan Bulman. Criticism and comments on the entire paper were forthcoming from Rabbi Aaron Lichtenstein, Dr. Marshall Ski are, and Victor Geller, without whose assistance the section on the number of Orthodox Jews could not have been written. -
B”H Introduction in Our First Article on the AOJS, We Explored Interactions
B”H Introduction In our first article on the AOJS, we explored interactions between Rebbe and Dr. Offenbacher — its founder. In this article, we will make note of additional interactions the Rebbe had with the AOJS. While the full story of the relationship between the Rebbe and AOJS is worthy of a more detailed study, we will focus here on a few specific interactions. Dr. Cyril Domb Professor Dr. Cyril (Yechiel) Domb (5681-5772) was born in North London, England, into a Chasidic Jewish family. He was deeply affected and inspired by his grandparents who were deeply religious Jews. He, in turn, retained this deep religious feeling, was meticulous in his observance of the Mitzvos — which always took precedence over activities for professional advancement1— and spent much of his free time devoted to Talmudic studies (including attending a daily Daf Yomi Shiur). Dr. Domb led a long and fruitful career in the study of Theoretical physics and statistical mechanics, lecturing at Oxford and Cambridge Universities, King’s College, London University, Bar-Ilan University, University of Maryland, Yeshiva University, Hebrew University, Jerusalem College of Technology and the Weizmann Institute. Shortly before making aliyah to Israel, he was elected a Fellow of the Royal Society. After encountering AOJS members in 5718, during a sabbatical year at the University of Maryland2, he helped found and lead a sister organization of the AOJS in London, in 57223. In 1971, Domb became the general editor of a book series which was sponsored by the AOJS, the purpose of which was to systematically present material which could be used for Jewish education. -
How Did Halacha Originate Or Did the Rabbis Tell a “Porky”?1 Definitions Written Law the Written Law Is the Torah Or Five Books of Moses
How Did Halacha Originate or Did the Rabbis Tell a “Porky”?1 Definitions Written Law The Written Law is the Torah or Five books of Moses. Also known from the Greek as the Pentateuch. (What status is the Tanach?) Oral Law An Oral Law is a code of conduct in use in a given culture, religion or community …, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, ...2 lit. "Torah that is on the ,תורה שבעל פה) According to Rabbinic Judaism, the Oral Torah or Oral Law mouth") represents those laws, statutes, and legal interpretations that were not recorded in the Five lit. "Torah that is in writing"), but nonetheless are ,תורה שבכתב) "Books of Moses, the "Written Torah regarded by Orthodox Jews as prescriptive and co-given. This holistic Jewish code of conduct encompasses a wide swathe of rituals, worship practices, God–man and interpersonal relationships, from dietary laws to Sabbath and festival observance to marital relations, agricultural practices, and civil claims and damages. According to Jewish tradition, the Oral Torah was passed down orally in an unbroken chain from generation to generation of leaders of the people until its contents were finally committed to writing following the destruction of the Second Temple in 70 CE, when Jewish civilization was faced with an existential threat.3 Halacha • all the rules, customs, practices, and traditional laws. (Lauterbach) • the collective body of Jewish religious laws derived from the Written and Oral Torah. (Wikipedia) • Lit. the path that one walks. Jewish law. The complete body of rules and practices that Jews are bound to follow, including biblical commandments, commandments instituted by the rabbis, and binding customs. -
Chief Rabbi Joseph Herman Hertz
A Bridge across the Tigris: Chief Rabbi Joseph Herman Hertz Our Rabbis tell us that on the death of Abaye the bridge across the Tigris collapsed. A bridge serves to unite opposite shores; and so Abaye had united the opposing groups and conflicting parties of his time. Likewise Dr. Hertz’s personality was the bridge which served to unite different communities and bodies in this country and the Dominions into one common Jewish loyalty. —Dayan Yechezkel Abramsky: Eulogy for Chief Rabbi Hertz.[1] I At his death in 1946, Joseph Herman Hertz was the most celebrated rabbi in the world. He had been Chief Rabbi of the British Empire for 33 years, author or editor of several successful books, and champion of Jewish causes national and international. Even today, his edition of the Pentateuch, known as the Hertz Chumash, can be found in most centrist Orthodox synagogues, though it is often now outnumbered by other editions. His remarkable career grew out of three factors: a unique personality and capabilities; a particular background and education; and extraordinary times. Hertz was no superman; he had plenty of flaws and failings, but he made a massive contribution to Judaism and the Jewish People. Above all, Dayan Abramsky was right. Hertz was a bridge, who showed that a combination of old and new, tradition and modernity, Torah and worldly wisdom could generate a vibrant, authentic and enduring Judaism. Hertz was born in Rubrin, in what is now Slovakia on September 25, 1872.[2] His father, Simon, had studied with Rabbi Esriel Hisldesheimer at his seminary at Eisenstadt and was a teacher and grammarian as well as a plum farmer. -
Chapter 2 Tort Liability in Maimonides
CHAPTER 2 TORT LIABILITY IN MAIMONIDES’ CODE (MISHNEH TORAH): THE DOWNSIDE OF THE COMMON INTERPRETATION A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” B. THE OWNERSHIP AND STRICT LIABILITY THEORY VS. THE FAULT-BASED THEORY (PESHIAH) (1) The Difficulties of the Concept of Peshiah (2) The Common Interpretation of the Code: The “Ownership and Strict Liability Theory” C. EXEGETICAL AND CONCEPTUAL DIFFICULTIES OF THE COMMON INTERPRETATION OF MAIMONIDES (1) Maimonides did not Impose Comprehensive Strict Liability on the Tortfeasor (2) Maimonides’ Use of the Term Peshiah in Different Places (3) The Theory of Ownership Contradicts Various Rulings in the Code (4) The Problem with Finding a Convincing Rationale for the Ownership Theory D. DIFFICULTIES IN UNDERSTANDING SOME ELEMENTS OF TORT LIABILITY MENTIONED IN THE CODE (1) Rulings that are Difficult to Interpret according to Either Ownership or Fault-Based Theories (2) Providing a Rationale for the Exemption in Tort (3) Standard of Care in Damages Caused by a Person to the Property of Another: Absolute/Strict Liability or Negligence? (4) Deterrence of Risk-Causing Behavior E. RE-EXAMINING THE OPENING CHAPTER OF THE BOOK OF TORTS IN THE CODE: CONTROL AS A CENTRAL ELEMENT OF LIABILITY IN TORT F. CONCLUSION 1 A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” Isidore Twersky showed us that “[t]o a great extent the study of Maimonides is a story of ‘self- mirroring’,”1 and that the answers given by modern and medieval scholars and rabbis to some questions on the concepts of Maimonides “were as different as their evaluations of Maimonides, tempered of course by their own ideological convictions and/or related contingencies.”2 Maimonides’ opening passages of the Book of Torts (Sefer Nezikin) in the Code (Mishneh Torah) can also be described as a story of “self-mirroring”. -
Separating Terumah Tameh for Tahor
בס"ד Volume 13. Issue 26 Separating Terumah Tameh for Tahor The beginning of masechet Terumot discusses separating The Tosfot (Yevamot 89a) first citesthe Rivan that cites the terumah gedolah – the first gift removed from produce and above pasuk as the source. The Tosfot reject this based on given to the kohanim. Specifically, the Mishnah begins by the Gemara cited above which explains that the cases discussing who is able to separate terumah and the manner derived from the pasuk would not be terumah at all, even in which it must be done. Many of the Mishnayot discuss be’shogeg. separating terumah from one pile or type of produce to satisfy the requirements of another. One case discussed (2:2) The Tosfot therefore brings three answer. First they cite is separating terumah from a tameh pile of produce for a Rashi who explains that the Chachamim forbad it since it tahor one. The Mishnah forbids such practice. If one would result in a loss for the Kohen. Had the person nonetheless does so, the Mishnah explains that if it was a separated from the tahor pile, the Kohen would have mistake (be’shogeg), e.g. he did not know it was tameh, then received edible produce. Since however the requirement was it is considered terumah. If however he acted deliberately, separated from tameh produce, the Kohen can only burn it then “he has done nothing”. We shall try an understand this and therefore loses out. Consequently, the Chachamim law. ideally prevented such practice. The Bartenura explains that we must understand that in this Second they suggest that perhaps the Chachamim instituted Mishnah the produce was tameh after the point it because a gezeira including these cases where there was a shaat obligated in separating maasrot. -
Jewishness, Birth and Giyyur
1 Zvi Zohar All Jews are Jews by Birth Biblical and Rabbinic Judaism agree, that anyone born to the appropriate Jewish parent – is Jewish. To most Jews, it sounds quite reasonable for Jewishness to derive from birth. However, such a determination is far from self-evident. Consider a counter-example: if a person was born on a kibbutz, and her two parents are members of the kibbutz, she is not automatically a member. Rather, upon reaching a certain age, she must decide if she wishes to apply for membership. If she applies, her application comes up for discussion by the kibbutz assembly, who then decide the matter by a vote. While it is reasonable to assume that a child born and grown on the kibbutz will be accepted for membership if she applies, it is not automatic. The important point (in the current context) is, that her membership is contingent upon at least two decisions: her decision to apply, and the assembly’s decision to accept her. In contrast, Jewishness is not contingent upon any person’s decision, but is regarded by tradition as a ‘fact of birth’. The sources of this self-understanding are very ancient: in the Bible, the Israelites are the “Children of Israel”, i.e., the lineal descendents of the Patriarch Jacob and his twelve sons. In the bible, then, the People of Israel are made up of persons born into a (very) extended family. Some notions accepted in Biblical times were abrogated or modified by the Oral Torah (Torah she- b’al peh); significantly, the concept of the familial nature of Jewishness was not only retained, but also even reinforced.