פרשת וישב Parshas Vayeishev
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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”. -
Parshat Vayishlach Dec 13-14, 2019
Thank you to Steve & Vivian Dorfman for sponsoring this week's Tefilla Notebook in memory of Steve's mother, Anne Gendis, Chana Braina bat Yosef a"h, whose yahrtzeit is on 20 Kislev. 16 Kislev ● Parshat Vayishlach Dec 13-14, 2019 Dearest Members and Friends, FRIDAY, DECEMBER 13 One of William Shakespeare’s best-known quotes is: “Be not afraid of greatness – some are 4:26pm CANDLELIGHTING born great, some achieve greatness, and others have greatness thrust upon them.” 4:30pm MINCHA/KABBALAT SHABBAT Those who achieve greatness often defy advance prediction. Such a man was the late Rabbi SATURDAY, DECEMBER 14 Eleazar Menachem Man Shach, whose 18th yahrtzeit we commemorated last month. A 8:30am RABBI’S GEMARA SHIUR Lithuanian-born yeshiva-trained scholar lucky enough to emerge from Nazi-overrun Europe, 9:15am SHACHARIT in 1940 he settled in Palestine where he struggled to find income as a yeshiva teacher, despite his previous 3:45pm PRE MINCHA SHIUR experience running a significant yeshiva in Europe. He was eventually hired to teach at Ponevezh, a 4:20pm MINCHA remarkable institution created by the legendary Ponevezher Rav, Rabbi Yosef Shlomo Kahaneman. Rabbi 4:40pm SEUDAH SHLISHIT Shach proved very popular with students, although he was initially overshadowed by his colleague Rabbi 5:25pm MA’ARIV Shmuel Rozovsky, a masterful pedagogue whose clarity and scholarship made him the undisputed superstar 5:30pm SHABBAT ENDS Talmud lecturer at the yeshiva. In retrospect, Rabbi Shach was typical of many rabbis like him who had survived the Holocaust – qualified, competent, pious, a scholar, and deeply committed to the cause of reestablishing the world that had been Sun. -
Kuntres K'sheleg Yavinu the Laws of Snow on Shabbat
Kuntres K’Sheleg Yavinu The Laws of Snow on Shabbat Prepared by Rabbi David Pardo JLIC at Brandeis Note: This Kuntres tries to straddle the line between concise and comprehensive. To that end, the “final answer” is underlined. Please consult me for any further questions at [email protected]. Original sources appear in footnotes where it was convenient to do so. Is snow muktzeh? ● Well, for starters, rain is not. The reasoning that it is nolad -- something newly created on Shabbat -- is deflected by the conclusion of the gemara (Eruvin 46a, Mishna Berura 338:301). ● This should logically apply to snow. Thus the clear majority of authorities are lenient (cf. R. Moshe Stern, Be’er Moshe 1:20; R. Yehoshua Neuwirth, Shemirat Shabbat Ke-Hilkheta, ch. 16:44 n. 110 and 15:36 in the name of Rav Shlomo Zalman Auerbach and Rav Tzvi Pesach Frank; Har Tzvi, Soser; Harav Y.S. Elyashiv, Shalmei Yehudah, pg. 203, also the position of Rav Ovadia Yosef). ● R Moshe Feinstein alone stands up against snow (Igrot Moshe O.C. 5:22:372, quoted in The Halachos of Muktza, p. 165 n. 10). ○ It is not clear why Rav Moshe does not equate snow and rain. Rav Aviner suggests that it could because of meteorological differences in the creation of snow and rain, but rejects the approach anyway. Can I walk on snow (imprint of my shoe i.e. kotev / unavoidable nominal snow crushing)? ● Yes (SA OC 320:13)3 ○ The Mishna Brura ad loc explains the reason: eino mitkaevn, and adds the Taz: since it is impossible to “be careful,” Hazal never decreed a gzeira against it. -
Fine Judaica, to Be Held May 2Nd, 2013
F i n e J u d a i C a . printed booKs, manusCripts & autograph Letters including hoLy Land traveL the ColleCtion oF nathan Lewin, esq. K e s t e n b au m & C om pa n y thursday, m ay 2nd, 2013 K est e n bau m & C o m pa ny . Auctioneers of Rare Books, Manuscripts and Fine Art A Lot 318 Catalogue of F i n e J u d a i C a . PRINTED BOOK S, MANUSCRIPTS, & AUTOGRAPH LETTERS INCLUDING HOLY L AND TR AVEL THE COllECTION OF NATHAN LEWIN, ESQ. ——— To be Offered for Sale by Auction, Thursday, May 2nd, 2013 at 3:00 pm precisely ——— Viewing Beforehand: Sunday, April 28th - 12:00 pm - 6:00 pm Monday, April 29th - 12:00 pm - 6:00 pm Tuesday, April 30th - 10:00 am - 6:00 pm Wednesday, May 1st - 10:00 am - 6:00 pm No Viewing on the Day of Sale This Sale may be referred to as: “Pisgah” Sale Number Fifty-Eight Illustrated Catalogues: $38 (US) * $45 (Overseas) KestenbauM & CoMpAny Auctioneers of Rare Books, Manuscripts and Fine Art . 242 West 30th street, 12th Floor, new york, NY 10001 • tel: 212 366-1197 • Fax: 212 366-1368 e-mail: [email protected] • World Wide Web site: www.Kestenbaum.net K est e n bau m & C o m pa ny . Chairman: Daniel E. Kestenbaum Operations Manager: Jackie S. Insel Client Accounts: S. Rivka Morris Client Relations: Sandra E. Rapoport, Esq. (Consultant) Printed Books & Manuscripts: Rabbi Eliezer Katzman Ceremonial & Graphic Art: Abigail H. -
"Rav Avraham Shapira Zt"L: Torah and Eretz Yisrael"
Torat Eretz Yisrael: Celebrating Religious Essays from the members of the Zionists Personalities YU Torah Mitzion Kollel of Chicago and their Torah and YU Torah Mitzion Beit Midrash Thoughts Zichron Dov of Toronto RAV AVRAHAM SHAPIRA ZT”L: TORAH AND ERETZ YISRAEL BY RABBI REUVEN BRAND Rosh Kollel, YU Torah Mitzion Kollel of Chicago Rav Avraham Elkana Kahana Shapira shiurim in Yeshivat Mercaz Harav for being in the radiant glow of Rav zt”l, or simply Reb Avrum as he was over fifty years, serving as a posek and Shapira zt”l on many occasions, from known to his countless rabbinic and dayan for over thirty years, publishing davening and “duchening” with him lay disciples, was a central figure in innumerable articles and sefarim and in the Yeshiva in Jerusalem’s Kiryat the 20th-century Torah community. leading Israel as Ashkenazi Chief Moshe neighborhood to experiencing Although diminutive in size he was Rabbi from 1983–1993. his shiurim on Achronim on Motzei a towering Torah giant, delivering I had the remarkable privilege of Shabbat in his modest nearby 5 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yom Haatzmaut 5779 apartment. These moments gave an Rav Shapira’s emphasis on Torah American teenager the chance to learning was not limited to the appreciate a tiny glimpse of legendary confines of the Beit Midrash. In an greatness. interview while serving as Chief Born in 1913, Rav Shapira was a Rabbi, he noted that the main goal brilliant “Yerushalmi” talmid chacham of the religious community in Israel should be to expand Torah education who studied under and corresponded 2 with the gedolim of his generation, to all Jews in Israel. -
צב | עב January Tevet | Sh’Vat Capricorn Saturn | Aquarius Saturn
צב | עב January Tevet | Sh’vat Capricorn Saturn | Aquarius Saturn Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 | 17th of Tevet* 2 | 18th of Tevet* New Year’s Day Parashat Vayechi Abraham Moshe Hillel Rabbi Tzvi Elimelech of Dinov Rabbi Salman Mutzfi Rabbi Huna bar Mar Zutra & Rabbi Rabbi Yaakov Krantz Mesharshya bar Pakod Rabbi Moshe Kalfon Ha-Cohen of Jerba 3 | 19th of Tevet * 4* | 20th of Tevet 5 | 21st of Tevet * 6 | 22nd of Tevet* 7 | 23rd of Tevet* 8 | 24th of Tevet* 9 | 25th of Tevet* Parashat Shemot Rabbi Menchachem Mendel Yosef Rabbi Moshe ben Maimon Rabbi Leib Mochiach of Polnoi Rabbi Hillel ben Naphtali Zevi Rabbi Shneur Zalman of Liadi Rabbi Yaakov Abuchatzeira Rabbi Yisrael Dov of Vilednik Rabbi Schulem Moshkovitz Rabbi Naphtali Cohen Miriam Mizrachi Rabbi Shmuel Bornsztain Rabbi Eliyahu Eliezer Dessler 10 | 26th of Tevet* 11 | 27th of Tevet* 12 | 28th of Tevet* 13* | 29th of Tevet 14* | 1st of Sh’vat 15* | 2nd of Sh’vat 16 | 3rd of Sh’vat* Rosh Chodesh Sh’vat Parashat Vaera Rabbeinu Avraham bar Dovid mi Rabbi Shimshon Raphael Hirsch HaRav Yitzhak Kaduri Rabbi Meshulam Zusha of Anipoli Posquires Rabbi Yehoshua Yehuda Leib Diskin Rabbi Menahem Mendel ben Rabbi Shlomo Leib Brevda Rabbi Eliyahu Moshe Panigel Abraham Krochmal Rabbi Aryeh Leib Malin 17* | 4th of Sh’vat 18 | 5th of Sh’vat* 19 | 6th of Sh’vat* 20 | 7th of Sh’vat* 21 | 8th of Sh’vat* 22 | 9th of Sh’vat* 23* | 10th of Sh’vat* Parashat Bo Rabbi Yisrael Abuchatzeirah Rabbi Yehudah Aryeh Leib Alter Rabbi Chaim Tzvi Teitelbaum Rabbi Nathan David Rabinowitz -
Download PDF Catalogue
F i n e Ju d a i C a . pr i n t e d bo o K s , ma n u s C r i p t s , au t o g r a p h Le t t e r s , gr a p h i C & Ce r e m o n i a L ar t in cl u d i n g : th e Ca s s u t o Co ll e C t i o n o F ib e r i a n bo o K s , pa r t iii K e s t e n b a u m & Co m p a n y th u r s d a y , Ju n e 21s t , 2012 K e s t e n b a u m & Co m p a n y . Auctioneers of Rare Books, Manuscripts and Fine Art A Lot 261 Catalogue of F i n e Ju d a i C a . PRINTED BOOKS , MANUSCRI P TS , AUTOGRA P H LETTERS , GRA P HIC & CERE M ONIA L ART ——— To be Offered for Sale by Auction, Thursday, 21st June, 2012 at 3:00 pm precisely ——— Viewing Beforehand: Sunday, 17th June - 12:00 pm - 6:00 pm Monday, 18th June - 10:00 am - 6:00 pm Tuesday, 19th June - 10:00 am - 6:00 pm Wednesday, 20th June - 10:00 am - 6:00 pm No Viewing on the Day of Sale This Sale may be referred to as: “Galle” Sale Number Fifty Five Illustrated Catalogues: $38 (US) * $45 (Overseas) KestenbauM & CoMpAny Auctioneers of Rare Books, Manuscripts and Fine Art . -
Pirchei Agudas Yisroel of America
בס״ד בס״ד Learning from our Leaders Pirchei Agudas Yisroel of America R’ Tzvi Pesach Frank had a beautiful custom One time a poor woman came with a treif chicken. when checking the kashrus of a chicken… Oy, this is definitely I cannot find a PIRCHEI treif, and I know this way to pasken this as woman would be insulted Agudas Yisroel of America kosher. Please take this Rebbi, if I gave her money. What Vol: 4 Issue: 28 - ב' סיון, תשע"ז - money and buy yourself thank you May 27, 2017 should I do? another chicken. so much! פרשה: במדבר הפטרה לשבת: והיה מספר בני ישראל כחול הים... )הושע ב:א-כב( דף יומי: בבא בתרא קכ״ה אבות פרק ו' 64 ימים לעומר שבועות יום א: אקדמות, שמות יט:א-כ:כג; יום ב: רות, דברים טו:יט-טז:יז הלל שלם - ב׳ ימים, יזכור יום ב׳ דשבועות דף יומי: בבא בתרא קכ״ט, ק״ל TorahThoughts בֵית to the בִ כּ וּ רִ י ם is the time we brought up our שָׁ בוּעוֹת remind us that שָׁ בוּעוֹת .שָׁ בוּעוֹת specifically associated with מִ צְ וֹ ת There are no The shochet came this The shochet was Gevaldig! Please give for all the goodness that we merited after we ד׳ We thank] . הַ מִ קְ דָׁ ש that מִ ו צְ ָׁ ה and there is no distinctive , תּ וֹ רָׁ ה celebrating יוֹם טוֹב morning. Hm… I wonder me a chicken… I’ll wrap is the [. תּ וֹ רָׁ ה itself. However, there is a special accepted the תּ וֹ רָׁ ה other than the , תּ וֹ רָׁ ה just here. -
Weekly Bulletin
WEEKLY BULLETIN Parshat Yitro Candle Lighting February 5, 2021 – 5:01PM Havdalah February 6, 2021 – 6:10PM Shabbat Mevarchim February 5-6, 2021 Shabbat Schedule Shevat 23-24, 5781 Those who are davening at home are encouraged to MAZAL TOV daven at the same time as the minyanim take place. Linda and Jerome Gans on the birth of a granddaughter, born to their children Brooke and Jonathan. Mincha/Kabbalat Shabbat 5:05 pm (O, I) Emily and Adam Kunkis on the birth of a daughter. Shacharit 7:15 (I), 9:00 (I), 9:15 am (O) Robin and Heshie Mortkowitz on the birth of a grandson to their children Ariele Mortkowitz and Shiur with Rabbi Mandelstam following the 7:15am minyan David Hain in Washington, DC. Kenny Frank Youth Minyan 9:15 am (Downstairs BM) Latest Shema 9:36 am Malki and Scott Sears on the birth of a son. Mazal Tov also to grandparents Miriam and Michael Mincha 4:59 pm (O, I) Zughaft. Shiur with Rabbi Markowitz between Mincha and Maariv Ilana and Ronen Tzur on the Bar Mitzvah of their son Maor. “More Mystical Creatures and Where to Find Them” Maariv 5:21 (O), 6:00 pm (I) BRUCHIM HABAIM Weekday Schedule Alex and Shachar Avraham who recently moved into the community. Shacharit: Sunday 7:30 (I), 8:30 am (O) Shacharit: Mon, Thurs, Fri 6:20 (I), 8:00 am (O) Shacharit: Tues, Wed 6:30 (I), 8:00 am (O) CONDOLENCES Mincha/Ma’ariv: Sun-Thur 5:15 pm (O,I) Condolences to the family of Naomi Levine on her passing. -
Sponsored by Mr. and Mrs. Jordan Schottenstein in Memory of His Parents Rabbi Tzvi Mordechai Ben Yehoshua Heschel Z’’L Esther Cheyenna Bas Mordechai Z’’L
SHEMOS 5781 VOLUME 20, ISSUE 17 PARSHA INSIGHTS Shifra’s true name is Yocheved, however she was called Shifra because she beautified the babies. Puah’s real name is Miriam, however she was called Puah because she cooed to the babies in It was on the way in the lodging, that Hashem encountered the manner that women soothe a crying baby. (Rashi) Moshe and sought to kill him. (4, 24) Yocheved and Miriam were prophets (Megilla 14a). If so, why Rav Yose taught: G-d forbid for a person to say that Moshe did did the Torah call them by their nicknames, which do not not care about Bris Milah. He was faced with a dilemma. Should describe their exalted spiritual level? he perform the bris before he went to Mitzrayim and take the Rav Shmuel Rozovsky zt’l answered that neither a high spiritual child with him and expose him to danger during the first three level nor a high position in society is grounds for a woman to days after the bris? Or should he perform the bris and delay the receive praise and accolades. The true barometer for extolling a mission Hashem had commanded him to complete for three woman’s virtues is if she takes care of her family properly. The names of Shifrah and Puah were written in the Torah to identify days? Nevertheless, he was held accountable because upon Yocheved and Miriam as women who fulfilled their primary task arriving at an inn he began making arrangements for his lodging, in life – taking care of their family - in the most honorable instead of performing the bris without delay. -
Darkei Hachizuk
בס"ד Darkei HaChizuk ארבעה צריכים חיזוק (ברכות לב:) - שיתחזק אדם בהם תמיד בכל כחו (רש"י) A Sichah from Maran HaGaon Rav Gershon Edelstein shlita Mishpatim 5777 246 35 Similarly, he wrote the Mishnah Brurah on Orach Chaim in The Sefarim of the Chafetz Chaim order that people should correctly keep the laws of Orach We just read about Klal Yisrael accepting the Torah in Chaim. The Chazon Ish is known to have said that people Parshas Yisro, and are starting to learn the laws of the Torah mistakenly think that the Mishnah Brurah just quotes other in Parshas Mishpatim. It therefore is appropriate for us to take Sefarim, when in fact he is deciding the Halachah. a closer look at some of the Gedolim in generations past, and The Ways to be Mezakeh Ha’Rabim analyze how they achieved their tremendous success in becoming great Torah scholars. Everyone can be someone who brings merit to the public in For example, let us analyze the life of the Chafetz Chaim. some form. Some do this by spreading or teaching Torah or The Chafetz Chaim traveled around collecting Haskamos for Mussar, and some do this by enabling others to perform the many Sefarim that he wrote. The Chazon Ish stated that all Chessed on a large scale. of the people who the Chafetz Chaim received Haskamos Besides for the merit that a person receives for enabling from, were not as great a scholar as he was. Collecting others to perform Mitzvos, he also receives personal Haskamos from these lesser Torah scholars was just one Siyata Dishmaya in that area of spirituality. -
Send the Guinea Pig! the Judaism Site
Torah.org Send The Guinea Pig! The Judaism Site https://torah.org/torah-portion/ravfrand-5757-noach/ SEND THE GUINEA PIG! by Rabbi Yissocher Frand "RavFrand" - Rabbi Frand on Parshas Noach These divrei Torah were adapted from the hashkafa portion of Rabbi Y. Frand's Commuter Chavrusah Tapes on the weekly Torah portion: Tape #69, Ma'ariv & Mitzvos in the Land of the Midnight Sun. Good Shabbos! The Raven Tells Noach, "Send The Guinea Pig on This Mission" The pasuk [verse] [Bereishis 8:7] tells us that Noach sent out a raven to check whether land could already be seen. The Medrash says that the raven complained to Noach that, of all the animals and creatures in the ark, he was singled out for this mission. The Medrash continues that Noach answered him back, "What does the world need you for? You are not edible nor are you fit to be offered as a sacrifice." [The commentaries on the Medrash point out that although there were other non-kosher birds on the ark, the raven was the least appetizing of all such birds.] G-d, however, told Noach that he should not have been so harsh with the raven, for there would come a time that the world would need the raven. There would come a time when a Tzadik would arise who would make the whole world dry (referring to the decree of Eliyahu in the time of King Achav that there would be a drought) and this Tzadik would need the ravens to bring him food [Kings I 17:6].