JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20

Total Page:16

File Type:pdf, Size:1020Kb

JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20 THE ETHICAL TORAH: THE SAGES SPEAK No. 23-B (Second of Two Parts) in series JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20 Excerpts from the mussaria.org website, a compilation of Jewish ethical commentaries throughout the ages Compiled by Rabbi Arthur J. Levine, Ph.D., J.D. 2 TITLES IN THIS SERIES 1A/B The Golden Verse: Love Your Neighbor (Leviticus 19:18) 2 Imagining Man: In Our Image (Genesis 1:26-28) 3 Open Your Hand (Deuteronomy 15:7-11) 4 Talebearer/Standing Idly By (Leviticus 19:16) 5 Sin Crouches at the Door (Genesis 4:6-10) 6 Hear, O Israel (Deuteronomy 6:5-7) 7 Rebuke Thy Neighbour (Leviticus 19:17) 8 Keep Far from Falsehood (Exodus 23:1,2,7) 9 Do Not Follow Your Heart; You Shall Not Covet (Numbers 15:39, Ex. 20:14; Deut. 5:18) 10 Honoring Parents (Exodus 20:12/Leviticus 19:3/Deuteronomy 5:16) 11 Keep the Way of the Lord (Genesis 18:19) 12 Stumbling-Block Before the Blind (Leviticus 19:14) 13 Not Good to Be Alone; They Shall Be One Flesh (Genesis 2:18, 2:22-24) 14 Love the Stranger (Exodus 22:20-23/Deuteronomy 10:18-19) 15 Whosoever Sheddeth Man’s Blood (Genesis 9:5-6) 16 Return Your Enemy’s Ox; Help Him Unburden It (Exodus 23:4-5, Deuteronomy 22:1-4) 17 Will Not the Judge of the World Do Justly? (Exodus 18:23-27, 32-33) 18 Set Apart; Choose Life (Leviticus 18:3-5, 20:24-26; Deuteronomy 30:19-20) 19 The Imagination of Man’s Heart Is Evil (Genesis 6:5, 8:21) 20 Do Not Wrong Your Neighbor (Leviticus 19:13; 25:14, 17) 21 You Shall Be Holy (Ex. 19:6, 22:30; Lev. 10:3, 11:44-5, 19:2, 20:26; Deut. 10:13, 14:21) 22 Walk in His Ways (Deuteronomy 10:12, 13:5, 13:18; 28:9) 23A/B Judge Righteously; Pursue Justice (Exodus 23:2,3, 6; Lev. 19:15, 24:22; Deut. 1:16-17) 24 Everything That He Had Made … Was Very Good (Genesis 1:31) 25 For You It Shall Be Food (Genesis 1:29; Leviticus 11:3, 19, 43-45, 47; Deut. 14:21) 26 Do the Right and the Good (Exodus 15:26; Deuteronomy 6:18; 12;28) 27 The Breath of Life … A Living Soul (Genesis 2:7) 28 In What Else Shall He Sleep? (Exodus 22:24-26; Leviticus 25:36–37, Deut. 23:20–21 29 To Work and to Guard It (Genesis 2:15) 30 Let Your Brother Live; Do Not Oppress a Laborer (Lev. 19:13; 25:35; Deut. 24:14-5) mussaria.org 3 INTRODUCTION The mussaria.org website (aka “theethicaltorah.com”) compiles thousands of verbatim excerpts from Jewish ethical commentaries and organizes them by Torah verse. The website provides powerful and flexible “search” and other tools intended primarily to aid the study and teaching of ethics based in the Torah [aka the Pentateuch; “The Five Books of Moses,” being the first five books (Chumash) of the Hebrew Bible (Tanakh) and of the “Old Testament”], including .(sermons) רבד י ות הר the writing of This “eBooklet” series makes some of the website’s ethical materials more easily accessible by 1) highlighting Torah verses that have attracted the particular attention of Jewish ethicists, and 2) gathering excerpts from Torah verses addressing the same or similar subjects. (As to the latter, the eBooklets do not attempt a comprehensive by-subject compilation of excerpts. Moreover, many topics are addressed in multiple eBooklets. In a few cases, excerpts appear in multiple eBooklets to increase the likelihood that the reader will see them). The excerpts in this eBooklet are generally limited to those in which the authors specifically referenced (one of) the subject verse(s). Many topics are addressed in multiple verses and eBooklets. Searching the mussaria.org website using alternative keywords (and keyword stems with the * wildcard symbol) may produce additional relevant excerpts. A List of Source Keys, a Glossary of Hebrew/Aramaic terms, a Principal Verse Index, and a Topical Index appear following the excerpts in each eBooklet. Underlining and bolding within excerpts is mine, intended as a highlight aid to the reader. Also, wherever the author has spelled out the name of the Divinity, I have changed it to “G-d” and/or "L-rd,” in conformance with traditional Jewish practice not to write the Divine name. The author’s punctuation is generally retained throughout. ã 2021 Arthur J. Levine. All rights reserved. For copyright information regarding the use of the commentary excerpts in this eBooklet and in the mussaria.org website, see: https://mussaria.org/A-Word-About-Copyright It is my hope that increased attention to these verses will promote the ethical behavior that is central to Judaism and, indeed, to personal, family, and societal harmony. I wish you many blessings. Rabbi Arthur J. Levine, Ph.D., J.D. ברה ד ״ ר רהא ן ב ן כדרמ י לה ו י Fullerton, California March 2021/Adar 5781 mussaria.org 4 JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6, 8; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20 אל אשת עמש אוש לא תשת־ י ךד ־םע עשר תיהל דע סמח היהת־אל רחא י םיבר־ תערל ו הנעת־אל בר־לע תטנל רחא י םיבר תהלט ׃תל דול אל רדהת ובירב רדהת אל דול אל הטת טפשמ יבא ךנ רב ובי ׃ויר ך ב פמהתא דשוח אל חקת יכ דחשה רועי םיחקפ ו ףלסי ירבד ׃םיקידצ … … ושעת־אל וע ל טפשמב אשת־אל נפ י לד־ ו אל רדהת נפ י דג ו ל קדצב טפשת ׃ךתימע טפשת קדצב ל ו דג י נפ רדהת אל ו לד־ י נפ אשת־אל טפשמב ל וע ושעת־אל … טפשמ דחא היהי םכל רגכ חרזאכ היהי יכ נא י הוהי ׃םכיהלא הוהי י נא יכ היהי חרזאכ רגכ םכל היהי דחא טפשמ … הואוצ םכיטפש־תא תעב אוהה ראלמ עמש יב ן םכיחא־ םתטפשו קדצ יב ן שיא־ יבו ן יחא־ ו יבו ן ורג ׃וג ב ויא ב י־ןי ד תפוםיא בעשרל יכת־אל ר ו נפ םי טפשמב ןטקכ לדגכ ועמשת ן אל גת ו ר ו נפמ י שיא־ יכ הטפשמה לאל םי אוה רבדהו רשא השקי השקי רשא רבדהו אוה םי לאל הטפשמה יכ שיא־ י נפמ ו ר ו גת אל ן ועמשת לדגכ ןטקכ טפשמב םי נפ ו ר יכת־אל כמם וברקת ן ילא יתעמשו ו תמו ל ןורת מ … הטת־אל טפשמ אל ריכת נפ םי ו חקת־אל דחש יכ דחשה רועי יע נ י םימכח ו ףלסי ירבד ׃םקידצ ירבד ףלסי ו םימכח י נ יע רועי דחשה יכ דחש חקת־אל ו םי נפ ריכת אל טפשמ הטת־אל דצק דצק ףדרת -- מלע ן היחת ו תשרי תא ץראה רשא הוהי ךיהלא ןתנ ךל ןתנ ךיהלא הוהי רשא ץראה תא תשרי ו היחת ן מלע 1 Thou shalt not utter a false report; put not thy hand with the wicked to be an unrighteous witness. 2 Thou shalt not follow a multitude to do evil; neither shalt thou bear witness in a cause to turn aside after a multitude to pervert justice; 3 neither shalt thou favour a poor man in his cause. … 6 Thou shalt not wrest the judgment of thy poor in his cause. … 8 And thou shalt take no gift; for a gift blindeth them that have sight, and perverteth the words of the righteous. 15 Ye shall do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor favour the person of the mighty; but in righteousness shalt thou judge thy neighbour. … mussaria.org 5 16 And I charged your judges at that time, saying: ‘Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger that is with him. 17 Ye shall not respect persons in judgment; ye shall hear the small and the great alike; ye shall not be afraid of the face of any man; for the judgment is God’s; and the cause that is too hard for you ye shall bring unto me, and I will hear it.’ …. 19 Thou shalt not wrest judgment; thou shalt not respect persons; neither shalt thou take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous. 20 Justice, justice shalt thou follow, that thou mayest live, and inherit the land which the LORD thy God giveth thee. EBOOKLET 23-A I. Render Fair Judgments (1-64) A. General Principle (1-8) B. Judicial Standards and Procedures (9-22) C. Appointing Judges (23-25) D. Unrighteous Witnesses (26-30) E. Fearing Litigants in Judgment (31-38) F. Accepting Bribes (39-48) THIS EBOOKLET 23-B G. Following The Multitude in Judgment (49-55) H. Favoring Rich or Poor in Judgment (56-62) I. Inclining Against a Sinner in Judgment (63-64) II. Law and Equity (65-77) III. Benefit of the Doubt (78-87) IV. One Law for All (88-91) V. Pursue Justice (92-103) Note: Underlining and bolding have been added. Excerpts addressing issues in multiple categories are placed under their predominate category. CONTINUED FROM EBOOKLET 23-A // mussaria.org 6 G. Following The Majority In Judgment 49. Do not answer ["rav" = many] [i.e., do not give your verdict] even upon the basis of a hundred identical opinions [but seek out the truth yourself].
Recommended publications
  • Rabbi Norman Lamm Terumah the Jewish Center March 2, 1968
    RABBI NORMAN LAMM TERUMAH THE JEWISH CENTER MARCH 2, 1968 "LIVING UP TO YOUR IMAGE" We read in this morning's Sidra of the instructions given to Moses to build the Tabernacle. Amongst other things, he is commanded to build the Ark, containing the Tablets of the Law. This aron, Moses is told, should be made of wood overlaid with zahav tahor, pure gold, both on the inside and the outside of the Ark: mi-bayit u-mi-hutz tetzapenu. Our Rabbis (Yoma 72b) found in this apparently mundane law, a principle of great moral significance. Rava said: from this we learn that kol talmid bakham she^in tokho ke'varo eino talmid bakham, a scholar whose inner life does not correspond to his outer appearances is not an authentic scholar. The Ark or aron, as the repository of the Tablets of the Law, is a symbol of a talmid bakham, a student of the Law. The zahav tahor, pure gold, repre- sents the purity of character. And the requirement that this gold be placed mi-bayit u-mi-hutz, both within and without the Ark, in- dicates the principle that a true scholar must live in such a manner that he always be tokho keTvaro, alike inwardly and outwardly. Thus, our Rabbis saw in our verse a plea for integrity of character, a warning against a cleavage between theory and practice, against a discontinuity between inwardness and outwardness, against a clash between inner reality and outer appearance. A real Jew must always be tokho keTvaro. -2- Now that sounds like a truism; but it is nothing of the sort.
    [Show full text]
  • The Picture Can't Be Displayed
    The picture can't be displayed. Table of Contents Preface ............................................................................................................................... 1 Balancing Hishtadlut and Bitachon in the Workplace (Ike Sultan) ..................................................... 1 Earliest Time to Daven (Judah Kerbel) ....................................................................................... 4 Entering a Non-Kosher Restaurant (Ariel Schreier) ........................................................................ 5 Paying Workers on Time (Judah Kerbel) ...................................................................................... 6 Shmitat Kesafim and Pruzbul (Dani Yaros) ................................................................................. 7 Ribbis for Corporations (Ike Sultan) ........................................................................................... 9 Hasagat Gevul and Unfair Competition (Dubbin Hanon) .............................................................. 11 Onaa (Dubbin Hanon) .......................................................................................................... 13 Tearing Keriya for a Patient (Natie Elkaim) ............................................................................... 16 Negiah and Yichud Issues (Alex Mermelstein) ............................................................................. 17 Taking Money for Learning and Teaching Torah (Robbie Schrier) ..................................................... 18
    [Show full text]
  • The Ohr Somayach Torah Magazine on the Internet • O H R N E T Shabbat Parshat Lech Lecha • 13 Cheshvan 5767 • Nov
    THE OHR SOMAYACH TORAH MAGAZINE ON THE INTERNET • WWW.OHR.EDU O H R N E T SHABBAT PARSHAT LECH LECHA • 13 CHESHVAN 5767 • NOV. 4, 2006 • VOL. 14 NO. 3 PARSHA INSIGHTS You are not in control. It’s wonderfully relaxing. THE HITCHHIKER’S GUIDE TO ETERNITY No one in his right mind hitchhikes to an important business meeting or to catch an airplane. The very act of “Go for yourself…” hitchhiking says, “I’m prepared to be where I am. I don’t any years ago in a more naive and somewhat need to be anywhere else.” A hitchhiker feels the presence of hashgacha (Divine safer world, I once hitchhiked from Amsterdam supervision). My life is not in my control. All I have is the Mto Pisa in Italy. present. And therefore I must live in this moment and be Only the young and the reckless (and I was both) here now. would climb aboard the rear seat of a BMW 900 motor- That’s why hitchhiking is a great calmer. (No, I don’t cycle on a night of driving rain with a 50 pound pack mean karma.) strapped to one’s back (This placed my center of gravity A Jew’s job is to live in the present, but not for the somewhere past the outer extremity of the rear wheel.) present. Much of our lives are spent thinking about what Every time the rider accelerated, the backpack dragged might happen, or what might not happen, or where I me backwards off the bike. The autobahn was a sea of could be/should be now, or what went wrong or what rain.
    [Show full text]
  • Kashrut, Halachah, and Conservative Jews the Shefanetwork Journal 5768:2
    ShefaNetwork.org: The Conservative Movement Dreaming from Within Journal 5768:2 Kashrut, Halachah, and Conservative Jews The ShefaNetwork Journal 5768:2 The mission of the Shefa Network is two‐fold: To bring together dreamers from within the Conservative Movement, and to give their Dreams an audible voice. [1] ShefaNetwork.org: The Conservative Movement Dreaming from Within Journal 5768:2 Welcome. The ShefaNetwork was founded in December of 2004 as a grassroots conversation for engaged and hopeful Conservative Jews. As of September 2008, there have been over 40,000 hits to the ShefaNetwork website and over 2100 messages posted to the listserv. The envisioned conversation has continued, and grown in scope, depth, and purpose. We are all invested in a dynamic future for Conservative Jews and the movement we share. This fourth journal is an edited compilation of the recent ShefaNetwork conversation about “Kashrut, Halachah, and Conservative Jews” sparked by a post by Rabbi Barry (Baruch) Leff in preparation of his forthcoming presentation of a Teshuva on the topic of Eating Out in Restaurants to the CJLS. Messages 2109‐2164 on the Shefa listserv, edited into this journal format, represent a wide variety of voices, including rabbis, journalists, lay leaders, rabbinical students, and others. Chancellor Arnie Eisen has written regarding Kashrut: “…selectivity is typical… Resolving differences over kashrut took center stage in our conversations with several respondents on the matter of how, in general, they dealt with different approaches to Judaism with their spouses. Their stories are filled with clear references to both affection and conflict… Kashrut takes on such significance that failure to harmonize [differing] approaches could have led to severe [relational] problems.
    [Show full text]
  • Parsha Insights
    SHABBAT PARSHAT KI TETZE 14 ELUL 5779 – AUGUST 14, 2019 VOL. 26 NO. 51 PARSHA INSIGHTS by Rabbi Yaakov Asher Sinclair Solidly Spiritual He cannot give the right of the firstborn to the son of the beloved one ahead of the son of the disliked one, the firstborn. (21:16) ne of the greatest men who came into this world less real. When Rabbi Feinstein said he couldn't back up, was an unassuming rabbi who was born in he meant that he couldn't. Not that he didn't think it was ORussia and lived most of his life in New York a good idea, but, rather, the spiritual reality of the City. There are enough stories about Rabbi Moshe situation placed a barrier behind him as solid as any Feinstein to fill many books. Here is one small story structure of brick and mortar. which is enormously revealing. This is the way a Jew must relate to his Judaism. When a Jew finishes speaking to his Creator in the amidah, the standing prayer, he takes his leave by This week's Torah portion teaches us that the firstborn is walking backward three paces as a servant would take his entitled to a double portion in the inheritance of his leave of a great king. If someone is standing behind you father. The Torah stipulates that the father may not and is still praying this prayer, the halacha forbids you to transfer this double portion to another son whom he back up into a space four amot (approximately two likes more.
    [Show full text]
  • Student-Singer & Gellman-Bodoff.Qxd
    l a S N n O I T r A C I N u U M M o O VALUES, HALAKHAH AND PESAQ: CONTIN- C J UED DISCUSSION OF “HALAKHIC VALUES, PESAQ OR PERSUASION” h a Gil Student, Reuven Singer d MYSTICISM, HASIDISM AND ESCAPISM: E CONTINUED DISCUSSION OF “JEWISH MYS- e TICISM: MEDIEVAL ROOTS CONTEMPORARY DANGERS AND PROSPECTIVE CHALLENGES” h T Yehuda Gellman, Lippman Bodoff The Edah Journal 3:2 Edah, Inc. © 2003 Elul 5763 The Edah Journal 3.2 / Elul 5763 Student - Singer 1 Values, Halakhah and Pesaq: Continued Discussion Of "Halakhic Values: Pesaq or Persuasion" The following interchange sheds light on Rabbi Reuven Matityahu Singer's important article, "Halakhic Values: Pesaq or Persuasion," published in the Tevet 5763 edition of The Edah Journal. Mr. Gil Student, formerly a student at Rabbi Isaac Elchanan Theological Seminary and currently working as a quantitative analyst in finance, challenges R. Singer's central contentions in that article regarding the character of non-formal values within halakhah. R. Singer is Rabbi of Shaarey Tefilah Synagogue in Vancouver, British Columbia. Because of the importance and length of the exchange, we present both Mr. Student's and R. Singer's comments here in full—editor. Mr. Gil Student Comments on "Halakhic Values: Pesaq or Persuasion" I. Halakhic Values similar weight as the Rav's to be highly implausible. Rabbi Reuven Matityahu Singer does readers a great serv- However, I submit that the Rav's position, as recorded by ice by presenting and analyzing the views of the R. Twersky, is somewhat subtler than R.
    [Show full text]
  • Sweet1 1-451
    Short & Sweet Text Message Responsa of Ha-Rav Shlomo Aviner Shlit"a Volume 1 © Copyright 5772 All rights reserved. Parts of this publication may be translated or transmitted for non-business purposes. Translated by Rabbi Mordechai Tzion Edited by Orly Tzion Computer typesetting by Rabbi Moshe Kaplan To learn more of Rav Aviner's Torah or subscribe to weekly e-mails: www.ateret.org.il and www.ravaviner.com Published by: American Friends of Yeshivat Ateret Yerushalayim, Inc. PO BOX 1076 Jerusalem, Israel 91009 To order this book: www.toratravaviner.com Telephone: 02-628-4101 daiyl miray oa A Seventy-year-old reaches fullness of years (Pirkei Avot 5:25 – dk ,d zea` iwxt) ycwen df xtq ly 70-d zcled mei ceakl cec a"ryz hay 'f i`lire mzex This book is dedicated in honor of the 70th Birthday of David 7 Shevet 5772 Rotem and Ila'i ycwen df xtq xwid epcici ly ez`etxl dcedi xfril` oa `cixt dxy ± dad`a oeiv zgtyn ilxe`e ikcxn a`ild`e `zli ,l`lva ycwen df xtq ly eceakl oeiv ikcxn axd `yicw `xag wxei eip ,eletac TABLE OF CONTENTS INTRODUCTION . .13 Text Message Q&A ....................................14 Text Message Responsa .................................17 ORACH CHAIM (Laws of Daily Living)............... 20 Netilat Yadayim .......................................20 Kippah ...............................................21 Tzitzit ................................................26 Tefillin ...............................................32 Birkot Ha-Torah .......................................39 Bar Mitzvah ...........................................40
    [Show full text]
  • Seder Zeraim in a Time of Isolation
    A Resource for Learning Mishna Contents Introduction . 2 How to use this book. .2 Berachot (Blessings) . 3 Peah (Corners) .. .14 Demai (Food in doubt) . .22 Kilayim (Forbidden mixtures). 26 Shevi’it (Seventh year) . 30 Terumot (Donations). 36 Ma’asrot (Tithes) . 40 Ma’aser Sheni (Second tithe). .42 Challah (Bread donation) . .44 Orlah (Young trees) . .48 Bikkurim (First fruits). 50 Acknowledgments. .53 About this project. .54 Six reasons to learn Mishna . .55 Introduction This is a resource for anyone who wants to learn Jewish text and relate it to the world today. It goes book by book through the rst order of Mishna ( Seder Zeraim, or the Order of Seeds) and samples texts that may be especially relevant in a moment of communal crisis. The subject of Seder Zeraim , ostensibly, is agriculture and food production. Like all rabbinic literature, however, it meanders into many adjacent elds, frequently touching topics of gratitude and charity. At precisely a moment in history when those things feel fraught, hard, and more important than ever, I believe this seder is uniquely relevant to us today. How to use this book Each mishna is presented below in Hebrew and English, followed by a brief explanation, and concluding with reections or questions for further pondering. I suggest reading the text rst, in Hebrew or in English, and using the reection and question section as a jumping o point for your thoughts or discussions with a friend. The direct English translations lack important context that is needed to understand the mishna. The explanations below ll in those gaps and will make the mishna comprehensible.
    [Show full text]
  • Table of Contents Elul5763.Qxd
    Elul 5763 Edah, Inc.©2003 The EdahJournal3:2 The Edah Journal ELUL 5763/CONTENTS Pesaq orPersuasion HalakhahandPesaq:Continued DiscussionOf" Values, COMMUNICATIONS Jonathan Sacks " Cultural DiversityWithoutMoralRelativism: REVIEW ESSAY Of BooksandBans A intheJewishDaySchool: Arts The CaseStudy An 1873ResponsumonEducation Amsterdam: LiepmannPhillipPrinsof To RaphaelHirsch Rabbi Sampson Bible Education andOverviewsInOrthodox Meta-Themes Avoiding Fear oftheForest: Reading: Torah andPublic Women Congregational DignityandHumanDignity: ARTICLES Editor's Introductiontothe CONTENTS Challenges ContemporaryDangersandProspective Mysticism: MedievalRoots And Escapism:ContinuedDiscussionof" Mysticism, Hasidism The Dignity of Difference: How to Avoid theClashOfCivilizations, Avoid The DignityofDifference:Howto Eugene Korn Yehuda Gellman,LippmanBodoff Yehuda David Shasha Marc B.Shapiro Ed Codish David Ellenson Esther OrensteinLapian Daniel Sperber Gil Student, Reuven Singer Gil Student, " " Elul 5763 Edition Halakhic Values: Jewish " by Editor's Introduction to Elul 5763 Edition Welcome to the Elul 5763 edition of The Edah Journal.No verses and commentary, at the expense of student inter- articles published in the Journal have generated greater est in and deeper comprehension of the text. The essay discussion than those in the Sivan 5761 edition authored offers a pedagogy of "extensive reading" to overcome by Rabbis Mendel Shapiro and Yehudah Herzl Henkin this tendency and enumerates an inventory of skills for analysing the halakhic issues surrounding
    [Show full text]
  • Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity
    Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity Elana Stein Submitted in partial fulfillment of the requirement for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2014 © 2014 Elana Stein All rights reserved ABSTRACT Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity Elana Stein Rabbinic law is particularly well known for its use of legal dodges and technical circumventions. This dissertation focuses on three main questions about such loopholes: 1) Why is rabbinic law so replete with them? 2) Are they always permitted, and if not, what are the parameters of their use? 3) What does the use of legal loopholes reveal about rabbinic views of the relationship between intention and action? We attempt to answer these questions by analyzing a particular subset of rabbinic legal loopholes known as ha‘arama (cunning). Tracing the history and use of ha‘arama from tannaitic to amoraic sources, this work places rabbinic legal loopholes in context of Biblical and Ancient Near Eastern worldviews, Greco-Roman perspectives, and later contemporaneous Zoroastrian approaches. Working with both tannaitic and amoraic materials, with Palestinian and Babylonian sources, we observe a progression within rabbinic thinking on this front: from rigid legal formalism to a concern for the inner spirit of the law, and from emphasis on the inner spirit of the law to an interest in the inner spirit of the individual legal agent. TABLE OF CONTENTS INTRODUCTION........................................................................................................................
    [Show full text]
  • OF 8Th Jewish Business Ethics Levine Pava 1996 C1999.Pdf (10.29
    == /v, y, ) Jewish Business Ethics / The Firm and Its Stakeholders edited by Aaron Levine Moses Pava Robert S. Hirt, Series Editor The Orthodox Forum Series A Project of the Rabbi Isaac Elchanan Theological Seminary An Affiliate of Yeshiva University ?A JASON ARONSON INC. Northvale, New Jersey Jerusalem ~Is 311 3o 0 77 THE ORTHODOX FORUM The Orthodox Forum, convened by Dr. Norman Lamm, President of Yeshiva University, meets each year to consider major issues of concern to the Jewish community. Forum participants from throughout the world, including acade­ This book was set in 11 pt. Goudy Oldstyle by Alpha Graphics of Pittsfield, NH and printed and bound by Book-mart Press, Inc. of North Bergen, NJ. micians in both Jewish and secular fields, rabbis, rashei yeshiva, Jewish educators, and Jewish communal profession­ Copyright © 1999 Rabbi Isaac Elchanan Theological Seminary als, gather in conference as a think tank to discuss and 10 9 8 7 6 5 4 3 2 I critique each other's original papers, examining different aspects of a central theme. The purpose of the Forum is All rights reserved. No part of this book may be used or reproduced in any manner whatsoever to create and disseminate a new and vibrant Torah literature without written permission from Jason Aronson Inc. except in the case of brief quotations in reviews for inclusion in a magazine, newspaper, or broadcast. addressing the critical issues facing Jewry today. Library of Congress Cataloging-in-Publication Data Jewish business ethics : the firm and its stakeholder/ edited by Aaron Levine and Moses Pava. The Orthodox Forum p.
    [Show full text]
  • MARIS AYIN – SHOULD WE CARE WHAT OTHERS THINK? by Rabbi Dr
    MARIS AYIN – SHOULD WE CARE WHAT OTHERS THINK? by Rabbi Dr. Nachum Amsel | July 22, 2019 This essay is reprinted from the book, “The Encyclopedia of Jewish Values” published by Urim, or the upcoming books, “The Encyclopedia of Jewish Values: Man to Man” or “The Encyclopedia of Jewish Values: Man to G-d” to be published in the future. This essay is not intended as a source of practical halachic (legal) rulings. For matters of halachah, please consult a qualified posek (rabbi). As we were growing up, most of us heard a variation of the following “rules” from our parents: Do the right thing. I do not care what your friends are doing. You have to behave properly. (“If all the other kids jumped off a bridge, would you do it too?”) It makes no difference what other people think, as long as you do the right thing. The first two statements seem to be ideas everyone can agree on: act morally and resist peer pressure. But is the last statement really the ideal? Should people not care what others think of them or their actions? If each individual acts ethically in a given situation, but it looks unethical to others, should people still take that action? Is it really ethical and moral to not be concerned about how others react to the way people conduct themselves? Judaism has much to say about these questions and this moral issue. JUDAISM VERY MUCH CARES WHAT OTHERS THINK ABOUT OUR ACTIONS In Judaism, how people react to a Jew’s action is indeed very important.
    [Show full text]