Jewish Law and Current Legal Problems
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Moses Hayim Luzzatto's Quest for Providence
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 10-2014 'Like Iron to a Magnet': Moses Hayim Luzzatto's Quest for Providence David Sclar Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/380 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] “Like Iron to a Magnet”: Moses Hayim Luzzatto’s Quest for Providence By David Sclar A Dissertation Submitted to the Graduate Faculty in History in Partial Fulfillment of the Requirement for the Degree of Doctor of Philosophy The City University of New York 2014 © 2014 David Sclar All Rights Reserved This Manuscript has been read and accepted by the Graduate Faculty in History in satisfaction of the Dissertation requirement for the degree of Doctor of Philosophy Prof. Jane S. Gerber _______________ ____________________________________ Date Chair of the Examining Committee Prof. Helena Rosenblatt _______________ ____________________________________ Date Executive Officer Prof. Francesca Bregoli _______________________________________ Prof. Elisheva Carlebach ________________________________________ Prof. Robert Seltzer ________________________________________ Prof. David Sorkin ________________________________________ Supervisory Committee iii Abstract “Like Iron to a Magnet”: Moses Hayim Luzzatto’s Quest for Providence by David Sclar Advisor: Prof. Jane S. Gerber This dissertation is a biographical study of Moses Hayim Luzzatto (1707–1746 or 1747). It presents the social and religious context in which Luzzatto was variously celebrated as the leader of a kabbalistic-messianic confraternity in Padua, condemned as a deviant threat by rabbis in Venice and central and eastern Europe, and accepted by the Portuguese Jewish community after relocating to Amsterdam. -
The Obligation to Heal & Medical Malpractice: the Right and The
The Obligation to Heal & M edical M alpractice The Right and the Obligation of the Physician to Heal Com piled by Rabbi Zvi Ilani & Rabbi Yaakov W einberger Translated from the Hebrew by U riah F. Cheskin & Yitzchak Pechenick Section 1: The Obligation to Heal Introduction The fundamental principles regarding the practice of medicine are based on sources in the Bible. A t first glance, a fatalistic view may seem warranted: the course of the illness and its effects are predetermined by the A lmighty without any possibility of human intervention. Since both life and death, and health and illness, are in G-d’s hands, the physician has neither the right nor any poss- ibility of healing the sick. R ather, since everything is predeter- mined by G-d, to try to outwit the divine decree is to rebel. But one who looks more deeply at the sources in the Bible, Mishna, Talmud, early and later authorities, and in halachic literature will see that this fatalistic view is completely rejected in Jewish thought and practice. O n the contrary, the physician serves as a loyal agent of the A lmighty in healing the sick by means of the various medicines the A lmighty puts at his disposal, his wisdom, and his medical knowledge and experience. Looking to divine assistance, the physician should proceed with a sense that he is carrying out a mitzvah. W hen he operates in accordance with the best principles of medicine, he should not fear lest he bring about an accident or injury. The physician is not only granted the right to heal; he is obliged. -
Noahidism Or B'nai Noah—Sons of Noah—Refers To, Arguably, a Family
Noahidism or B’nai Noah—sons of Noah—refers to, arguably, a family of watered–down versions of Orthodox Judaism. A majority of Orthodox Jews, and most members of the broad spectrum of Jewish movements overall, do not proselytize or, borrowing Christian terminology, “evangelize” or “witness.” In the U.S., an even larger number of Jews, as with this writer’s own family of orientation or origin, never affiliated with any Jewish movement. Noahidism may have given some groups of Orthodox Jews a method, arguably an excuse, to bypass the custom of nonconversion. Those Orthodox Jews are, in any event, simply breaking with convention, not with a scriptural ordinance. Although Noahidism is based ,MP3], Tạləmūḏ]תַּלְמּוד ,upon the Talmud (Hebrew “instruction”), not the Bible, the text itself does not explicitly call for a Noahidism per se. Numerous commandments supposedly mandated for the sons of Noah or heathen are considered within the context of a rabbinical conversation. Two only partially overlapping enumerations of seven “precepts” are provided. Furthermore, additional precepts, not incorporated into either list, are mentioned. The frequently referenced “seven laws of the sons of Noah” are, therefore, misleading and, indeed, arithmetically incorrect. By my count, precisely a dozen are specified. Although I, honestly, fail to understand why individuals would self–identify with a faith which labels them as “heathen,” that is their business, not mine. The translations will follow a series of quotations pertinent to this monotheistic and ,MP3], tạləmūḏiy]תַּלְמּודִ י ,talmudic (Hebrew “instructive”) new religious movement (NRM). Indeed, the first passage quoted below was excerpted from the translated source text for Noahidism: Our Rabbis taught: [Any man that curseth his God, shall bear his sin. -
Command and Control | the Washington Institute
MENU Policy Analysis / Articles & Op-Eds Command and Control by David Makovsky, Olivia Holt-Ivry May 23, 2012 ABOUT THE AUTHORS David Makovsky David Makovsky is the Ziegler distinguished fellow at The Washington Institute and director of the Koret Project on Arab-Israel Relations. Olivia Holt-Ivry Articles & Testimony his week, the world's major powers resumed negotiations with Iran over its nuclear program. Should they fail, T the specter of a possible Israeli strike looms large, seeming to grow more likely as Tehran's nuclear program advances. In recent weeks, however, the conventional wisdom has shifted to favor the view that Israel is not on the cusp of a strike against Iran. This has been driven in part by public comments from former Israeli security officials -- notably former Mossad head Meir Dagan and former Shin Bet head Yuval Diskin -- questioning the wisdom of such an attack. An Israeli strike is not feasible, the thinking goes, so long as its security community remains divided -- and the thinly veiled threats of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Ehud Barak are therefore mere bluster. Don't be so sure. Dagan and Diskin's views aren't likely to tell us much about the likelihood of a strike on Iran one way or the other. For starters, they're former officials -- given the sensitivity of this issue, and the recent media misinterpretation of Israel Defense Forces (IDF) Chief of Staff Benny Gantz's remarks earlier this month, no other current members of the security establishment are likely to go public with their views. -
German Law in Israeli Courts
German Law in Israeli Courts Nili Cohen Introduction: Alexander the Great as Comparatist Comparisons constitute a focal point for the perception of cultures, na- tions, and ourselves. The crux of comparison is the marking of dis- tinctions and similarities. Paradoxically, the scrutiny of differences can yield unifying factors and the affirmation of gaps can build bridges. Law, which is a normative system built on tradition and culture, has long been the object of comparative inquiry. The comparative study of law can be traced to antiquity. The Tal- mud tells of a meeting between Alexander the Great and the king of an imaginary state called Katsia.1 Alexander is interested in the gover- nance of that land and is invited by its monarch to attend a trial dealing with the purchase of a residence. The dispute, which concerns some treasure found in the house, takes an unexpected turn. Both the vendor and the purchaser claim that the treasure-trove belongs to the other: the purchaser argues that as he bought only the house, the treasure ought to be restored to the vendor, while the vendor argues that as he sold the house with its contents, the treasure should stay with the purchaser. The king of Katsia rules that the vendor’s son and the purchaser’s daughter should marry, with the treasure then becoming part of their common property. Alexander is shocked. In his kingdom, both claimants would have been beheaded, and the treasure would have been awarded to the king. Now it is the turn of the king of Katsia to be shocked. -
Toronto Torah Yeshiva University Torah Mitzion Beit Midrash Zichron Dov
בס“ד Toronto Torah Yeshiva University Torah MiTzion Beit Midrash Zichron Dov Parshiyot Vayakhel-Pekudei/Parah 23 Adar, 5775/March 14, 2015 Vol. 6 Num. 26 Sponsored by the families of Irwin, Jim and David Diamond in memory of their father, Morris Diamond z”l לזכר נשמת אבינו מורינו ר‘ משה בן דוד שלמה ז“ל United We Stand Rabbi David Ely Grundland “United we stand and divided we fall”. trades. It was under Betzalel’s the creation of the Golden Calf, the When Aesop taught this message at leadership that the nation could unite. Torah teaches about the eternal the conclusion of his The Four Oxen covenant between Hashem and Israel: and The Lion fable, he made a point Rabbi Mordechai Yosef from Izbitz (Mei Shabbat. (Shemot 31:16-17) Despite the that has been a defining feature of HaShiloach I Vayakhel) adds that when fact that we already learned about nations, and of Israel. Thankfully, in it came to building the mishkan, no one Shabbat in Parshat Beshalach and contrast to the fable, it is often the could look disparagingly upon another. Parshat Yitro, in Parshat Vayakhel the case that when faced with a “lion”, we Upon each person’s completion of their Torah again teaches us about Jews unite. Unfortunately, when there best work, they were enamoured, not by prohibited labour on Shabbat, and its is no perceived “lion” we are divided. their own craftsmanship, but by the correlation to the labour of the way in which everything came together mishkan. (Talmud Bavli Shabbat 70a, As we read news and opinions into a single structure, as though Talmud Yerushalmi Shabbat 7:2). -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
Maharam of Padua V. Giustiniani; the Sixteenth-Century Origins of the Jewish Law of Copyright
Draft: July 2007 44 Houston Law Review (forthcoming 2007) Maharam of Padua v. Giustiniani; the Sixteenth-Century Origins of the Jewish Law of Copyright Neil Weinstock Netanel* Copyright scholars are almost universally unaware of Jewish copyright law, a rich body of copyright doctrine and jurisprudence that developed in parallel with Anglo- American and Continental European copyright laws and the printers’ privileges that preceded them. Jewish copyright law traces its origins to a dispute adjudicated some 150 years before modern copyright law is typically said to have emerged with the Statute of Anne of 1709. This essay, the beginning of a book project about Jewish copyright law, examines that dispute, the case of the Maharam of Padua v. Giustiniani. In 1550, Rabbi Meir ben Isaac Katzenellenbogen of Padua (known by the Hebrew acronym, the “Maharam” of Padua) published a new edition of Moses Maimonides’ seminal code of Jewish law, the Mishneh Torah. Katzenellenbogen invested significant time, effort, and money in producing the edition. He and his son also added their own commentary on Maimonides’ text. Since Jews were forbidden to print books in sixteenth- century Italy, Katzenellenbogen arranged to have his edition printed by a Christian printer, Alvise Bragadini. Bragadini’s chief rival, Marc Antonio Giustiniani, responded by issuing a cheaper edition that both copied the Maharam’s annotations and included an introduction criticizing them. Katzenellenbogen then asked Rabbi Moses Isserles, European Jewry’s leading juridical authority of the day, to forbid distribution of the Giustiniani edition. Isserles had to grapple with first principles. At this early stage of print, an author- editor’s claim to have an exclusive right to publish a given book was a case of first impression. -
Jewish Environmental Perspectives
JEWISH ENVIRONMENTAL PERSPECTIVES No. 1 April 2001 Jewish Environmental Studies: A New Field Manfred Gerstenfeld Understanding the Jewish Environmental Tradition / A Unique Approach / The Need for a Clearer Jewish Voice / Signs of Emerging Interest / Israeli Developments / The Structure of the Proposed Field / Jewish Environmental History / The Environment in the Hebrew Bible / The Environment in Later Classical Jewish Texts / Jewish Environmental Thought / Jewish Law and the Environment / Jewish Environmental Ethics / Environmental-Economic Interaction / Currents in Judaism / Individual Jewish Attitudes / Jewish Environmental Activism / External Aspects / The Bible under Attack / The "Spoliation of Nature" Debate / Conclusion In 1989 Daniel Elazar wrote: "Jewish political studies is a neglected but extremely significant dimension of Jewish life that needs to be explored."1 The same can be said, even more emphatically, of Jewish environmental studies. Jewish environmental studies do not yet exist as an academic field. There are no chairs or regular university courses in this discipline. No specific journals are devoted to it. The body of literature is growing rather slowly. The debate of the past few decades on the attitude of Judaism toward the environment has been largely unstructured. It reflects a wide range of views from "catastrophists" to "contrarians." Most of the basic texts on the interaction between Judaism and environmental issues have yet to be written. Very few scholars spend a substantial part of their time on the subject. Understanding the Jewish Environmental Tradition All this needs to be seen against the background of a Jewish tradition rich in references to what we now call "environmental" concerns. The Bible, Talmud, Midrash literature, rabbinical responsa, and many other classical Jewish sources contain tens of thousands of scattered allusions to the subject. -
Revolution Or Evolution Mental Criteria in Amoraic Laws of Handling on the Sabbath*
Revolution or Evolution Mental Criteria in Amoraic Laws of Handling on the Sabbath* Yoel Kretzmer-Raziel (Achva Academic College) The Talmudic laws of handling objects on the Sabbath (referred to usually asmuqs e) relate to one’s mental state towards given objects as a criterion for determining the permissibility of han- dling them. Examination of the Mishnah and Tosefta in relation to the Talmuds reveals that this approach is an amoraic novelty, whereas the tannaitic sources base the law solely on physical criteria. This development is demonstrated through two main examples: Application of thought to set the status of an object and the consideration of one’s knowledge or awareness of the state of an object in determining its status. The emergence of this mental approach seems to have been deeply influenced, semantically and conceptually, by the tannaitc purity laws. Continuity, rather than revolution, appears to characterize this development, based in the tannaitic purity laws and applied in early and late amoraic discourse in the Yerushalmi and the Bavli. Mishnaic law prohibits the consumption and handling of various objects on Sabbath. Usually termed muqse – set aside – these objects are forbidden for various reasons, not always evident in the Mishnah itself.1 Later statements of Sabbath law often suggest various forms of cognitive attention as the crite- rion for determining the ritual status of objects.2 An object – food, vessel, or natural substance – is forbidden for handling or consumption if one had not intended to use it on the Sabbath, thus mentally setting it aside. In this article, I argue that mental criteria for handling objects on the Sab- bath are an amoraic novelty. -
The Haredim As a Challenge for the Jewish State. the Culture War Over Israel's Identity
SWP Research Paper Peter Lintl The Haredim as a Challenge for the Jewish State The Culture War over Israel’s Identity Stiftung Wissenschaft und Politik German Institute for International and Security Affairs SWP Research Paper 14 December 2020, Berlin Abstract ∎ A culture war is being waged in Israel: over the identity of the state, its guiding principles, the relationship between religion and the state, and generally over the question of what it means to be Jewish in the “Jewish State”. ∎ The Ultra-Orthodox community or Haredim are pitted against the rest of the Israeli population. The former has tripled in size from four to 12 per- cent of the total since 1980, and is projected to grow to over 20 percent by 2040. That projection has considerable consequences for the debate. ∎ The worldview of the Haredim is often diametrically opposed to that of the majority of the population. They accept only the Torah and religious laws (halakha) as the basis of Jewish life and Jewish identity, are critical of democratic principles, rely on hierarchical social structures with rabbis at the apex, and are largely a-Zionist. ∎ The Haredim nevertheless depend on the state and its institutions for safeguarding their lifeworld. Their (growing) “community of learners” of Torah students, who are exempt from military service and refrain from paid work, has to be funded; and their education system (a central pillar of ultra-Orthodoxy) has to be protected from external interventions. These can only be achieved by participation in the democratic process. ∎ Haredi parties are therefore caught between withdrawal and influence.