DOCSLIB.ORG

Interview with Professor Lawrence Kaplan

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Interview with Professor Lawrence Kaplan Interview with Professor Lawrence Kaplan Interview with Professor Lawrence KaplanConducted by Baruch Pelta on December 22, 2008 at the 40th Association for Jewish Studies ConferenceTranscribed Using the Services of Olivia WiznitzerCo-edited by Lawrence Kaplan and Baruch Pelta Lawrence Kaplan received his BA from Yeshiva College, his MA and PhD from Harvard University, and his rabbinical ordination from Rabbi Isaac Elchanan Theological Seminary. He has taught at McGill University since 1972, and is currently Professor of Rabbinics and Jewish Philosophy in its Department of Jewish Studies. In the spring of 2004 he held a Harry Starr Fellowship at the Center for Jewish Studies of Harvard. Baruch Pelta is a senior at Touro College South majoring in Jewish Studies. Olivia Wiznitzer is the Editor-in-Chief of “The Observer,” the Stern College for Women and Sy Syms undergraduate student newspaper. Olivia may be reached at [email protected] for those interested in contacting her. I have conducted two semi-formal interviews with Dr. Kaplan. While both interviews were conducted simply out of personal interest, I believe the latter will be of interest to Judaic Studies scholars, especially those who are interested in how Orthodoxy has developed. What follows is an edited transcript of said interview with footnotes. Although I meant to focus this conversation around his scholarly opinions about the rise of Daas Torah in Orthodoxy, we were able to discuss other topics within Dr. Kaplan’s realm of expertise as well. –BP Baruch Pelta: I guess my first question has to be if you changed your position since writing your famous essay on Daas Torah [1] and also, has Daas Torah evolved as a conception since then? Lawrence Kaplan: It’s an interesting question. I pretty much stumbled upon the subject- here’s a little prehistory. When Rav Hutner’s article on the Holocaust appeared in the Jewish Observer, it upset me greatly [2]. Oftentimes, things that get you angry turn out to be productive (similar to my being upset with Rabbi Meiselman’s article on the Rav [3] which led to my writing “Revisionism and the Rav” [4]). Most of my article in Tradition was really a critique of Rav Hutner’s basic position on the Holocaust—mainly a historical critique, but also somewhat of a theological critique [5]. While Rav Hutner himself did not refer to his article as a Daas Torah perspective on the Holocaust, the editors of the Jewish Observer did. So just at the very end of my Tradition article, I decided to raise some issues about Daas Torah in a somewhat critical vein. Despite the rather tentative and preliminary nature of my remarks on the subject, it seems they received a fair amount of attention. Therefore, when YU was having a symposium on “Rabbinic Authority and Personal Autonomy,” the very first Orthodox Forum, the organizors asked me to give a full-blown talk on the subject, which obviously required a good deal of work on my part. And, actually, I have a later Hebrew version of the article, where I elaborate upon some things I write in my English version, correct a few errors of mine – something I attributed to the Meiri was not really by the Meiri – and update a few comments here and there [6]. But what I want to emphasize is that, as I explicitly state in my article, I wasn’t putting forward my own positive view of rabbinic authority. I was more criticizing the idea of Daas Torah as I think it’s popularly presented in the Haredi world. Some people might have misunderstood me to mean that I believe that all rabbis should speak only about pots and pans and should not have any say on communal matters. I never said that. And the other point which I made in my article is that I’m not sure if there’s necessarily throughout Jewish history one view of the limits and scope of rabbinic authority. Moreoever, I acknowledged the traditional rabbinic authority accorded to the rabbi who is the rav of the kehillah – actually I may have done this more in my Hebrew article, based on a reference that Professor Marc Shapiro pointed out to me – where the rav of the kehillah, by virtue of being rav of thekehillah , is granted a good deal of extra-halakhic authority on general communal issues. But even with respect to the rav of a kehillah, it’s not so clear – if you look at the Vaad Arba Aratzot, the laypeople oftentimes kept the rabbis on a short leash. If you look at the community in Amsterdam, it was the lay figures who put Spinoza in Cherem. Not the rabbis. Even though there were some prominent rabbis there at the time. To repeat, a lot of times, even in term of rabbis of communities – certainly in the Middle Ages and early modern times – lay leaders played quite a great role. Now the Rashba, on the other hand –but again, he was the official head of the community – obviously played a major role in the Maimonidean Controversy. But it should be pointed out that other people weren’t afraid to disagree with him, even though they admitted his preeminent stature. Other figures weren’t afraid to take issue with him, obviously respectfully, but they weren’t afraid to take issue with him. The idea of Daas Torah, as a charismatic notion of rabbinic authority, is something different. It doesn’t come out of nowhere, so it’s not yeish me-ayin. But, as I and others see it, it is an expanded view of traditional conceptions of rabbinic authority, precisely because of greater challenges in the modern period to rabbinic authority. And the classical sources which have been cited as support for it don’t seem to prove the larger claims made on its behalf. One such source is the notion ofEmunas Chachamim. But it must be said that the phrase is very general; what it means is not so clear. The meaning attributed to it by the exponents of Daas Torah seems to be a late nineteenth century development, imported from the Hasidic view of the Rebbe. The source cited most often in support of the notion of Daas Torah, and which I focused on most in my article, is Lo Sasur. As I pointed out, according to most authorities it applies only to the Beis Din Hagadol. I further pointed out that the view of Afilu omrin lekha al yemin shehu semol is that of the Sifre. The Yerushalmi is the other way, that only if they say yemin is yemin and semol is semol do you have to listen to them. In my article, particularly the Hebrew version, I went through all the different ways how different scholars try to reconcile the two sources. The authority who seems to be the key figure for the exponents of Daas Torah is the Sefer HaChinuch — he’s the one who applies the Sifre generally to Chachmei HaDor. But the Sefer HaChinuch’s view is more of a practical view; you have to submit to the authority of Chachmei HaDor not because they necessarily have such great understanding, but just because otherwise you’re going to have chaos and anarchy. So it’s a more practical view. So what I suggested is that the modern view of Daas Torah – again, I’m not saying it was made out of whole cloth – is arrived at by taking the idea of the Sefer HaChinuch applying Lo Sasur to all Chachmei HaDor and combining that with the view of the Ramban who talks about the Beis Din Hagadol’s great understanding and how God will protect them from error, etc [7]. Part of the problem in writing a critique of the concept of Daas Torah is that it is a moving target; people keep on defining it differently. When people are oftentimes defending it, they define it more modestly: it’s a limited notion, we’re not saying the “gedolim” are infallible, maybe there’s a plurality of views that are Daas Torah, but obviously rabbis should have some say on broader communal issues, etc. There was an exchange in The Journal of Halacha and Contemporary Society between me and Rabbi Alfred Cohen — where if I understood him correctly, he proposed this type of scaled-down notion of Daas Torah [8]. And if that is all that is meant by it, I’m not sure if I would necessarily disagree that much. But what I find is that when it’s actually used in the rhetoric of the Haredi world, it’s used to make rather extreme claims. First of all, despite the idea of the plurality of Daas Torah, it’s pretty clear to me that originally within the Agudah circles, it was used to legitimate the Haredi world and to delegitimate the Modern Orthodox. BP: You’re saying now or back then? LK: Certainly there was no pluralism in Rav Shach‘s use of Daas Torah in his harsh critique of Rav Soloveitchik [9], and I think that’s the way it’s still generally used. And the second thing is that it really is used to stifle dissent and any type of criticism. I think the example of Rabbi Slifkin is the key example. It’s really clear to me that initially many prominent American Roshei Yeshiva were upset at the way he was treated. I just reread the original ban on Rabbi Slifkin [10] and was struck by the extremity of the language, almost the violence of the language — kefirah, minus, afrah le-pumei, it’s just such a terrible book, etc.
Load more

Recommended publications
  • Neuerwerbungsliste Theologie Juni 2007
    Neuerwerbungsliste der Seminarbibliothek Theologische Fakultät Juni 2007, geordnet nach Signaturen Allgemeines zu Theologie und Bibel Ba 155<138> Creator est Creatura : Luthers Christologie als Lehre von der Idiomenkommunikation / hrsg. von Oswald Bayer ... - Berlin [u.a.] : de Gruyter, 2007. - XIII, 323 S. (Theologische Bibliothek Töpelmann ; 138) Überw. in dt. Sprache, ein Kapitel engl. ISBN - 978-3-11-019276-6 Ba 194 I<1,1,1/5> Vetus Latina : die Reste der altlateinischen Bibel / nach Petrus Sabatier neu gesammelt und hrsg. von der Erzabtei Beuron unter der Leitung von Roger Gryson 1,1: Répertoire général des auteurs ecclésiastiques latins de l'antiquité et du haut moyen âge / Roger Gryson T. 1: Introduction. Répertoire des auteurs: A - H. - 5. éd. mise à jour du "Verzeichnis der Sigel für Kirchenschriftsteller" commencé par Bonifatius Fischer, continué par Hermann Josef Frede. - Freiburg : Herder, 2007. - 575 S. Vorw. und Einf. in dt. und franz. Sprache ISBN - 978-3-451-00134-5 Ba 194 I<1,1,2/5> Vetus Latina : die Reste der altlateinischen Bibel / nach Petrus Sabatier neu ges. und hrsg. von der Erzabtei Beuron unter der Leitung von Roger Gryson 1,1: Répertoire général des auteurs ecclésiastiques latins de l'antiquité et du haut moyen âge / Roger Gryson T. 2: Répertoire des auteurs: I - Z. Auteurs sans sigle propre. Tables. - 5. éd. mise à jour du "Verzeichnis der Sigel für Kirchenschriftsteller" commencé par Bonifatius Fischer, continué par Hermann Josef Frede. - Freiburg : Herder, 2007. - S. 581 - 1085. ISBN - 978-3-451-00137-6 Ba 240<61> Matthew and his world : the gospel of the open Jewish Christians ; studies in biblical theology / Benedict T.
    [Show full text]
  • ******Winter Pdf Page
    “the comforter.” All his life, my father quence quelled the rebellion, and he when it was my father’s turn to drive, Working with his close friend, Eliyahu kept a framed photograph of the Imrei remained in Danville for three more he was determined to get the children Kitov, he translated two of Kitov’s clas- Emes on his desk. years. Many of his congregants became to school on time, despite a terrible sic books, A Jew and His Home and The lifelong friends and loyalists. A surpris- pain in his side. In Norfolk, my father Book of Our Heritage. My father’s final ing number of Danville children were collapsed with what proved to be a resting place is on Har HaMenuchos, “Daddy, tell us again about inspired by my father to pursue careers ruptured appendix. The other father near that of his beloved friend. the shtetl where you grew up,” my sib- in kiruv, chinuch and the rabbinate. made no more threats, and all his chil- My youngest brother was born just lings and I used to joke. We knew our After leaving Danville, my father dren grew up to build Torah-true before the Six Day War, and soon after father was American-born, and he spoke served as YU’s mashgiach ruchani (spiri- homes. that my father became the rabbi of the English eloquently. Yet there was always tual advisor) for a short time. My father The following year, my father started Young Israel of Far Rockaway, a post something of the foreigner about him. ultimately moved away from the YU a day school in Newport News.
    [Show full text]
  • From the Rabbi's Desk: Rabbi Chaim Zev Malinowitz's Emails
    From the Rabbi’s Desk: Rabbi Chaim Zev Malinowitz’s Emails SAMPLE Edited by: Eliezer Brodt Ramat Beit Shemesh 2020 Introduction: Within hours of the Petirah of the Rav, Rabbi Chaim Zev Malinowitz Zt”l, I began putting my memories of the Rav down on paper. Among many other facets of the Rav, I wrote about his relationship to email. I was, and still am, fascinated at the extent that the Rav communicated via email. Despite the fact that he was not especially computer-savvy, the Rav embraced using email from the time that the technology first became available. Among the reasons that the Rav preferred email to in-person conversation was because it gave him time to think about the questions that were sent to him, thus fulfilling .והוי מותנים בדין the mishna in Avot In addition, the Rav understood the power of the written word over speech (see the Rambam who says that when one writes, one has to be much more careful than when he speaks, since the impact is so much greater), and he hoped people would read his thought-out, and at times humorous and witty, answers carefully. Being Chief Editor of the Artscroll Shas (and much more) he had lots of experience in writing clearly and to the point. I would like to emphasize, however, that the Rav was not an ‘SMS Rabbi’ in any sense, as is evident from his extensive responses. Moreover, when he couldn’t convey something clearly via email, he would tell the person with whom he was corresponding to call him.
    [Show full text]
  • מטות ע"ש ר„ יונה אברהם בן ר„ שמואל ז"ל Nachal Refaim 34A
    בס"ד שבת פרשת Beis Tefillah Yonah Avraham ע"ש ר„ יונה אברהם בן ר„ שמואל ז"ל מטות Nachal Refaim 34A כא‘ תמוז, התשע“א HoRav Chaim Malinowitz, Sh’lita, Rav Steven Glanz, President אבות פרק א‘ Lifecycles Nedivim תזכו לגדלו לתורה, לחופה ולמעשים טובים!! A donation to Torah programming has been made by ,to R’ Eliezer and Aviva Friedman on the birth of Rav Malinowitz, in honor of the diligence, perseverance מזל טוב a baby boy on Wednesday. quickness, vigor, and cheerfulness which Me'ira Padowitz applied to her voluntary work on behalf of נחל will be at the Friedman home at שלום זכר The starting at about 8:45 PM. Torah Programming in general, and the Shev Shmattsa 8/8 אכזיב Shiur in particular. May the zechus of this mitzva FYI brighten her future endeavors! ,שבת The Rav and Rebbetzin will not be with us this shiurim will not be taking place. Shoah Experiences שבת thus their regular The Shul is proud to present Mrs. Livia Shacter, a 94- משמר year-old holocaust survivor, who made aliyah to RBS :this week was sponsored by משמר last year. The Lindner family She will be speaking principally about her personal Shoah experience, iyh, downstairs in Ulam Shabsai, on לעילוי נשמת R’ Yitzchak Dov ben R’ Yosef Monday night, the night following Rosh Chodesh Av at 8:30 PM sharp! No admission fee. Aliya: Does It Require A Shehechiyanu? Prior to her aliyah, Mrs. Shacter was a regular speaker That was the topic of the Mishmar chaburah, given at the Simon Wiesenthal Center in Los Angeles.
    [Show full text]
  • Reasonable Man’
    The University of Notre Dame Australia ResearchOnline@ND Theses 2019 The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ Johnny Sakr The University of Notre Dame Australia Follow this and additional works at: https://researchonline.nd.edu.au/theses Part of the Law Commons COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Publication Details Sakr, J. (2019). The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ (Master of Philosophy (School of Law)). University of Notre Dame Australia. https://researchonline.nd.edu.au/theses/215 This dissertation/thesis is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Theses by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The Conjecture from the Universality of Objectivity in Jurisprudential Thought: The Universal Presence of a ‘Reasonable Man’ By Johnny Michael Sakr Submitted in accordance with the requirements of the degree of Master of Philosophy University of Notre Dame Australia School of Law February 2019 SYNOPSIS This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour.
    [Show full text]
  • Sign at Your Own Risk-- the “Rca” Prenuptial May Prejudice the Fairness of Your Future Divorce Settlement
    SIGN AT YOUR OWN RISK-- THE “RCA” PRENUPTIAL MAY PREJUDICE THE FAIRNESS OF YOUR FUTURE DIVORCE SETTLEMENT SUSAN METZGER WEISS Σ David called Rabbi Applebaum, his Talmud teacher, on the phone. "Rabbi,” began David, "I'm engaged. Will you perform the ceremony?” "Mazal Tov, " responded Rabbi Applebaum. "With pleasure David. However, you know that I will not perform any marriage unless the couple signs the premarital agreement recommended by the Rabbinical Council of America.” "No problem, Rabbi," answered David. "All my friends are signing them. I even have a copy on my bedside table.” SYNOPSIS Various premarital agreements have been proposed to offset the power given to men over women by Jewish law in the event of divorce and to ameliorate the resulting injustices to Jewish women. Premarital agreements like the one endorsed by the Rabbinical Council of America (“RCA”), which expand the jurisdiction of the rabbinical courts and allow for the discretionary imposition of the suggested penalty clauses, do not adequately realign the imbalance of powers or correct the ensuing injustices. Such premarital agreements may even prejudice the interests of women in marital property, alimony or child support. This Article analyzes the premarital agreement recommended by the RCA, in contrast to other premarital agreements, and discourages its signing in favor of other agreements that better protect and promote the interests of Jewish women. INTRODUCTION Almost all-Orthodox Jewish couples who marry today in the United States are advised to sign premarital agreements. The RCA, one of the leading Orthodox institutions in the United States 1, encourages couples to sign a premarital agreement, made up of two documents: (1) “Prenuptial Agreement, Husband’s Assumption of Obligation” and (2) “Prenuptial Arbitration Agreement Between Husband and Wife.” 2 In this Article, both documents are referred to as the “RCA Prenup.” 3 The documents are printed on heavy-grade colored paper and sealed with a round gold seal with embossed writing.
    [Show full text]
  • The East Side Torah Center 317 Henry Street NYC 10002 212-473-1000 Learning Torah Has Never Been Easier!
    Featuring thousands of interesting tapes, CDs, and videos by the most dynamic speakers in America and Israel today… Our main library is located at: The East Side Torah Center 317 Henry Street NYC 10002 212-473-1000 Learning Torah Has Never Been Easier! Dear Friend, Every morning and evening we recite in the Shema , "And you shall speak them while you sit in your house, while you go on the way..." This of course refers to the mitzvah of learning Torah. Each weekday we hop in our cars, ride the bus or subway, or walk to and from work. We go shopping, do laundry, or bake a cake. Why not make better or additional use of that time? Why not hear some of the best Maggidei Shiur lecture on Loshon Hara, Emunah, or the Parsha of the week? Not only will you gain chizuk and get the mitzvah of Limud HaTorah, but those hours of drudgery will go by a lot faster. As most of you know, the Lower East Side has an extensive, free Torah Tape Library. We have tapes for men, women, and children from all backgrounds and all ages, on various topics including Halacha, Yom Tov, Hashkafa, Tanach, Chinuch, Marriage, and more, by popular Jewish speakers like Rabbi Yissochor Frand, Rabbi Avigdor Miller, Rabbi Paysach Krohn, Rebbetzin Faige Twerski, Rabbi Yitzchok Kirzner... The list goes on and on! The latest index contains many exciting updates. We have recently expanded to include CDs— among them the entire Mishnah elucidated by Rabbi Nosson Scherman, and a complete collection of Daf Yomi shiurim—and video cassettes from the likes of Rabbi Amnon Yitzchak.
    [Show full text]
  • Gender In/Equalities in Modern Orthodoxy: Navigating Overlapping Worlds
    Gender In/Equalities in Modern Orthodoxy: Navigating Overlapping Worlds By Kyra Borenstein Submitted in partial fulfillment of the requirements for graduating with Honors Senior Honors Thesis Department of Anthropology Brandeis University May 2015 Table of Contents Acknowledgements.......................................................................................................3 Abstract.........................................................................................................................4 Prologue.........................................................................................................................5 Introduction..................................................................................................................8 Chapter 1: Modern Orthodoxy: Rules, Regulations, and Everyday Participation.................19 Chapter 2: Are You a Feminist? Self Identification Regarding Women’s Rights...................31 Chapter 3: Women’s Role in Prayer: Competing Interpretations of Separation in the Synagogue....................................................................................................................44 Chapter 4: Women and Leadership: A Look into How Women Do and Do Not Lead...........73 Chapter 5: Looking Like a Woman: Ideas of Gender Conformity.........................................103 Chapter 6: Women and Personhood: Women’s Right to Control Their Own Lives............127 Conclusion.................................................................................................................137
    [Show full text]
  • Literary Signals for Legal Abstraction in the Talmud Yerushalmi and the Justinianic Legal Corpus
    LITERARY SIGNALS FOR LEGAL ABSTRACTION IN THE TALMUD YERUSHALMI AND THE JUSTINIANIC LEGAL CORPUS A thesis submitted to the University of Manchester for the degree of Doctor of Philosophy in the Faculty of Humanities 2017 MARTON RIBARY SCHOOL OF ARTS, LANGUAGES AND CULTURES TABLE OF CONTENTS ABSTRACT ...................................................................................................................................5 DECLARATION AND COPYRIGHT STATEMENT ......................................................................................6 NOTE ON ABBREVIATIONS, SOURCES AND DATES ................................................................................7 NOTE ON TRANSLITERATION ........................................................................................................ 10 CHAPTER 1: INTRODUCTION ........................................................................................................ 11 1.1 Literary signals for legal abstraction ...................................................................... 12 1.2 The comparative study of Rabbinic and Roman law .............................................. 15 1.3 Thesis structure ...................................................................................................... 19 PART 1: LITERARY COMPARISON WITHOUT HISTORICAL INFLUENCE .................................. 23 CHAPTER 2: HISTORICAL CONTEXT ................................................................................................ 24 2.1 The hypothesis of rabbinic isolation .....................................................................
    [Show full text]
  • BAMIDBAR Hebrew Book of Numbers
    EŷNjƮèŃðŇĀŘôŘųƀŶɈ þŗƱĘƫŸǯðɕɌɈɖɔ 2 ëAņŖŠŸŶ ëŸǬă ųǫĈŖŠŸ ëģǖþƭ Ŧǐë Ĉîė ƻûų ûŸǰĈŘɈ ŃûǘŦŵŖŠŸ ŃINjĔĘ ƐĐĘřĘ ŃǯřŠ ǯŖŠŸ ƐńĐ ĘĀ ŖîĨ ĀĘǮŶŠŸŸ EŶģĐņëŸɅ 3 We present our many thanks to Our God-Father and to Our King of Kings, to His Imperial Majesty, HAILE SELLASSIE I’s Kingdome in the Glorious name of Iyesus Kristos, Our Saviour – Our Lord of Lords. AMEN AND AMEN. 4 THE BIBLE SOCIETY OF HIS IMPERIAL MAJESTY (BSHIM) PUBLISHED BY: H.H. RAS IADONIS TAFARI, & H.H. WOIZERO TEHETENA GIRMA-ASFAW OF THE LION OF JUDAH SOCIETY (LOJS) IMPERIAL PUBLISHERS TO THE H.I.M. UNIVERSITIES,COLLEGES & CHRISTIAN [TEWAHEDO]CHURCHES 1991-2012 BSHIM-LOJ 5 ©2012 by LION OF JUDAH SOCIETY PUBLISHERS & IYOBELYU [JUBILEE]PRINTING PRESS ISBN All rights reserved. No part of this publication may be reproduced or transmitted for commercial purposes, except for brief quotations in printed reviews, without written permission of the publishers’. Churches and other noncommercial interests may reproduce portions of this book without the express written permission of the LOJS PUBLISHERS, provided that the text does not exceed 500 words and that the text is not material quoted from another publisher. When reproducing text from this book, include the following credit line: “From Bamidbar, Hebrew Book of the Numbers: Torah Portion Vol.4, An Introduction & Compilation by Ras Iadonis Tafari,’ published and printed by the Lion of Judah Society. Used by permission.” All English-language scripture quotations, unless otherwise noted, are taken from the King James Version of the 1611 A.D. Holy Bible [KJV]. All Amharic-language scripture quotations, unless otherwise noted, are taken the Emperor’s Bible, the 1961/2 A.D.
    [Show full text]
  • Some Thoughts on New York State Regulation of Jewish Marriage: Covenant, Contract Or Statute?
    SOME THOUGHTS ON NEW YORK STATE REGULATION OF JEWISH MARRIAGE: COVENANT, CONTRACT OR STATUTE? Michael J. Broyde Jewish Law's view of marriage has elements of both covenant (holiness) and contract (agreement) in it, and both of these two values compete in any full description of Jewish marriage. This article aims to explain both contractual and covenantal approaches to Jewish marriage, and relates them to how Jewish Law interacts with secular law in the United States and other countries in the enforcement of rabbinical court decisions and secular court decisions about when and how a marriage ought to end. I. INTRODUCTION II. JEWISH MARRIAGE LAWS PART I: MARRIAGE AS CONTRACT IN TALMUDIC TIMES III. JEWISH MARRIAGE LAWS PART II: THE RISE OF COVENANT IN JEWISH MARRIAGE IV. JEWISH MARRIAGE CONTRACTS AND AMERICAN LAW A. The Enforceability of the Ketubah in American Law B. Rabbinic Arbitration Agreements to Construct Jewish Marriages C. The New York State Jewish Divorce Laws V. NEW YORK STATUTES IN PRACTICE: COVENANT MARRIAGE IN NEW YORK VI. LIVING WITH GOD AND CAESAR: OBEYING TWO LEGAL SYSTEMS Professor of Law, Emory University, Atlanta, GA; rabbinical court judge (dayan), Beth Din of America. 55 56 The Family in Law [Vol. 5:55 I. INTRODUCTION It is an ancient question whether and to what extent Jewish marriage and divorce law is essentially covenantal or contractual. The answer has changed over time, varies according to different authorities, and is still in flux today. On the one hand, Jewish tradition is replete with references to the sacred nature of the marital relationship.
    [Show full text]
  • Jewish Law for the Law Librarian David Hollander University of Miami School of Law
    University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2006 Jewish Law for the Law Librarian David Hollander University of Miami School of Law Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Legal Education Commons, and the Legal Writing and Research Commons Recommended Citation David Hollander, Jewish Law for the Law Librarian, Law Libr. J. 219 (2006). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Jewish Law for the Law Librarian* David Hollander** Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarianswith the basic knowledge necessary to begin to help a patron conduct research in Jewish law. Contents Introduction .................................................... 220 Structure of Jewish Law .......................................... 222 Primary Sources of Jewish Law: Historic Development, Authority, Structure and Research Strategy ................................ 223 W ritten Law and Oral Law .................................... 223 Babylonian Talm ud .......................................... 225 The G em ara ............................................. 225 Commentaries
    [Show full text]