Mohr Siebeck Josephus on Onias and the Oniad
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Should Bakeries Which Are Open on Shabbat Be Supervised? a Response to the Rabinowitz-Weisberg Opinion RABBI HOWARD HANDLER
Should Bakeries Which are Open on Shabbat Be Supervised? A Response to the Rabinowitz-Weisberg Opinion RABBI HOWARD HANDLER This paper was submitted as a response to the responsum written by Rabbi Mayer Rabinowitz and Ms. Dvora Weisberg entitled "Rabbinic Supervision of Jewish Owned Businesses Operating on Shabbat" which was adopted by the CJLS on February 26, 1986. Should rabbis offer rabbinic supervision to bakeries which are open on Shabbat? i1 ~, '(l) l'\ (1) The food itself is indeed kosher after Shabbat, once the time required to prepare it has elapsed. 1 The halakhah is according to Rabbi Yehudah and not according to the Mishnah which is Rabbi Meir's opinion. (2) While a Jew who does not observe all the mitzvot is in some instances deemed trustworthy, this is never the case regarding someone who flagrantly disregards the laws of Shabbat, especially for personal profit. Maimonides specifically excludes such a person's trustworthiness regarding his own actions.2 Moreover in the case of n:nv 77n~ (a violator of Shabbat) Maimonides explicitly rejects his trustworthiness. 3 No support can be brought from Moshe Feinstein who concludes, "even if the proprietor closes his store on Shabbat, [since it is known to all that he does not observe Shabbat], we assume he only wants to impress other observant Jews so they will buy from him."4 Previously in the same responsum R. Feinstein emphasizes that even if the person in The Committee on Jewish Law and Standards of the Rabbinical Assembly provides guidance in matters of halakhah for the Conservative movement. -
Research Bulletin Series Jewish Law and Economics Game Theory in The
Research bulletin Series on Jewish Law and Economics Game Theory in the Talmud Robert J. Aumann Dedicated to the memory of Shlomo Aumann, Talmudic scholar and man of the world, killed in action near Khush-e-Dneiba, Lebanon, on the eve of the nineteenth of Sivan 5742 (June 9, 1982) Abstract A passage from the Talmud whose explanation eluded commentators for two millennia is elucidated with the aid of principles suggested by modern mathematical Theory of Games. ________________ * Institute of Mathematics, Center for rationality and Interactive Decision Theory, and Department of Economics, the Hebrew University in Jerusalem Game Theory in the Talmud1 By Robert J. Aumann l. A Bankruptcy Problem A man dies, leaving debts totaling more than his estate. How should the estate be divided among the creditors? A frequent solution in modern law is proportional division. The rationale is that each dollar of debt should be treated in the same way; one looks at dollars rather than people. Yet it is by no means obvious that this is the only equitable or reasonable system. For example, if the estate does not exceed the smallest debt, equal division among the creditors makes good sense. Any amount of debt to one person that goes beyond the entire estate might well be considered irrelevant; you cannot get more than there is. A fascinating discussion of bankruptcy occurs in the Babylonian Talmud2 (Ketubot 93a). There are three creditors; the debts are 100, 200 and 300. Three cases are considered, corresponding to estates of 100, 200 and 300. The Mishna stipulates the divisions shown in Table 1. -
The Intersection of Gender and Mitzvot Dr
The Ziegler School of Rabbinic Studies Walking with Mitzvot Edited By Rabbi Bradley Shavit Artson ogb hfrs andvhfrs Rabbi Patricia Fenton In Memory of Harold Held and Louise Held, of blessed memory The Held Foundation Melissa and Michael Bordy Joseph and Lacine Held Robert and Lisa Held Published in partnership with the United Synagogue of Conservative Judaism, the Rabbinical Assembly, the Federation of Jewish Men’s Clubs and the Women’s League for Conservative Judaism. THE INTERSECTION OF GENDER AND MITZVOT DR. RABBI ARYEH COHEN TO START WITH A COUPLE alakhah, or Jewish Law, it has been often noted, is as much a pedagogical system as a legal system. The goal of the Hmitzvot as codified and explicated in the halakhic system is to create a certain type of person. Ideally this is a person who is righteous and God fearing, a person who feels and fulfills their obligation towards God as well as towards their fellows. Embedded into this goal, of necessity, is an idea or conception of what a person is. On the most basic level, the mitzvot “construct” people as masculine and feminine. This means that the halakhic system, or the system of mitzvot as practiced, classically define certain behaviors as masculine and others as feminine. The mitzvot themselves are then grouped into broad categories which are mapped onto male and female. Let’s start with a couple of examples. The (3rd century CE) tractate Kiddushin of the Mishnah begins with the following law: “A woman is acquired in three ways, with money, with a contract and with sex.” The assumption here is that a man “acquires” a woman in marriage and not the reverse. -
Jewish Perspectives on Reproductive Realities by Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’S Reproductive Health, Rights and Justice Initiative
Jewish Perspectives on Reproductive Realities By Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’s Reproductive Health, Rights and Justice Initiative A note on the content below: We acknowledge that this document invokes heavily gendered language due to the prevailing historic male voices in Jewish rabbinic and biblical perspectives, and the fact that Hebrew (the language in which these laws originated) is a gendered language. We also recognize some of these perspectives might be in contradiction with one another and with some of NCJW’s approaches to the issues of reproductive health, rights, and justice. Background Family planning has been discussed in Judaism for several thousand years. From the earliest of the ‘sages’ until today, a range of opinions has existed — opinions which can be in tension with one another and are constantly evolving. Historically these discussions have assumed that sexual intimacy happens within the framework of heterosexual marriage. A few fundamental Jewish tenets underlie any discussion of Jewish views on reproductive realities. • Protecting an existing life is paramount, even when it means a Jew must violate the most sacred laws.1 • Judaism is decidedly ‘pro-natalist,’ and strongly encourages having children. The duty of procreation is based on one of the earliest and often repeated obligations of the Torah, ‘pru u’rvu’, 2 to be ‘fruitful and multiply.’ This fundamental obligation in the Jewish tradition is technically considered only to apply to males. Of course, Jewish attitudes toward procreation have not been shaped by Jewish law alone, but have been influenced by the historic communal trauma (such as the Holocaust) and the subsequent yearning of some Jews to rebuild community through Jewish population growth. -
A USER's MANUAL Part 1: How Is Halakhah Organized?
TORAHLEADERSHIP.ORG RABBI ARYEH KLAPPER HALAKHAH: A USER’S MANUAL Part 1: How is Halakhah Organized? I. How is Halakhah Organized? 4 case studies a. Mishnah Berakhot 1:1, and gemara thereupon b. Support of the poor Peiah, Bava Batra, Matnot Aniyyim, Yoreh Deah) c. Conversion ?, Yevamot, Issurei Biah, Yoreh Deah) d. Mourning Moed Qattan, Shoftim, Yoreh Deiah) Mishnah Berakhot 1:1 From what time may one recite the Shema in the evening? From the hour that the kohanim enter to eat their terumah Until the end of the first watch, in the opinion of Rabbi Eliezer. The Sages say: Until midnight. Rabban Gamliel says: Until morning. It happened that his sons came from a wedding feast. They said to him: We have not yet recited the Shema. He said to them: If it has not yet morned, you are obligated to recite it. Babylonian Talmud Berakhot 2a What is the context of the Mishnah’s opening “From when”? Also, why does it teach about the evening first, rather than about the morning? The context is Scripture saying “when you lie down and when you arise” (Devarim 6:7, 11:9). what the Mishnah intends is: “The time of the Shema of lying-down – when is it?” Alternatively: The context is Creation, as Scripture writes “There was evening and there was morning”. Mishnah Berakhot 1:1 (continued) Not only this – rather, everything about which the Sages say until midnight – their mitzvah is until morning. The burning of fats and organs – their mitzvah is until morning. All sacrifices that must be eaten in a day – their mitzvah is until morning. -
1 Parashat Ki Tavo Rabbi David Silverberg Parashat Ki-Tavo Begins
Parashat Ki Tavo Rabbi David Silverberg Parashat Ki-Tavo begins by discussing the mitzva of bikkurim, which requires a farmer to bring his first fruits each year to Jerusalem as a gift to the officiating kohen. Among the unique features of this mitzva, as the Torah describes, is the mikra bikkurim declaration which the farmer must recite as part of the bikkurim ceremony. This declaration, which the Torah dictates in our parasha (26:5-10), briefly recounts the story of the Exodus, from the time of Yaakov until Benei Yisrael’s departure from Egypt, and then tells of the nation’s entry into the land. Maimonides introduces this obligation in Mishneh Torah (Hilkhot Bikkurim 3:10) by writing, “There is an affirmative command to confess in the Temple over the bikkurim” (“Mitzvat asei le-hitvadot be-Midkash al ha-bikkurim…”). Curiously, Maimonides defines this declaration as a viduy, a “confession.” This term is familiar to us from two other contexts, most obviously the mitzva of teshuva, which Maimonides, in the beginning of Hilkhot Teshuva, defines as essentially an obligation to verbally confess. Additionally, the Sages employed the term viduy also in reference to the second mitzva presented in Parashat Ki-Tavo, a halakha known as viduy ma’aser. This obligation requires a farmer to pronounce a declaration every three years affirming his compliance with the laws of terumot and ma’aserot (the required tithes and other gifts from his agricultural yield). Maimonides, interestingly enough, applies the term viduy also to mikra bikkurim. Many writers have addressed the question as to how the concept of “confession” relates to viduy ma’aser, in which a farmer announces that he has faithfully observed all the laws applying to his agricultural produce. -
Pesachim 036.Pub
י"ב טבת תשפא“ Sun, Dec 27 2020 OVERVIEW of the Daf Distinctive INSIGHT 1) Fulfilling the mitzvah of matzah with tevel (cont.) Matzah cannot be made from Bikkurim אוציא חיטין ושעורין שיש במין ביכורים Ravina offers an alternative explanation to the Baraisa but the Gemara demonstrates that the explanation offered by R’ Sheishes is clearer. T he Gemara brings a Baraisa which teaches that mat- 2) Matzah made from ma’aser sheni grain zah cannot be made from fruits which are brought to A Baraisa is cited that records different sources that do Yerushalayim as Bikkurim. Rabbi Yosi HaGalili learns this not permit the use of ma’aser sheni grain for the mitzvah of from the verse which describes matzah as something that is in all your communities,” which— בכל מושבותיכם “ matzah. eaten An apparent contradiction is noted regarding R’ Akiva’s excludes Bikkurim fruits which can only be eaten in position concerning matzah that was kneaded with liquids Yerushalayim. Rabbi Akiva also determines that the mitz- other than water. vah of matzah cannot be fulfilled from Bikkurim, and he The Gemara resolves the contradiction by distinguishing learns this from the association between matzah and mar- between the first day of Pesach and the remaining days of ror (in the verse Bemidbar 9:11). We know that a person Pesach. cannot fulfill his obligation to eat marror with Bikkurim. 3) Kneading dough in lukewarm water So too, claims Rabbi Akiva, matzah cannot be performed The Gemara questions why the previous Baraisa does not with Bikkurim. permit the use of lukewarm water to make matzah whereas The Gemara then clarifies the analysis of Rabbi Akiva. -
Fooling the Tax Collector
Schachter, rosh yeshiva of Rabbi Isaac Elchanan In introducing a new metaphor — that Theological Seminary (RIETS) at Yeshiva citizens of a modern democracy are more University. “It is important to note that today like partners than subjects — into formalized the basis for taxation is totally different from Jewish legal thinking, Schachter has taken what it was in talmudic times.” According to a a first important step in opening up an en- contemporary understanding of Jewish law, we tirely new vista from which to think about ought to ground the obligation to pay taxes not the legitimacy of taxes and the responsibility SHMA.COM in the anachronistic notion of dina d’malchuta of partners to participate in public policy dis- dina; rather, we should invoke the talmudic cussions. In this alternative view, it is not us concept of shutfim or partnership. Schachter versus them, but rather “we the people” who concludes, “All people who live in the same must formulate fair tax rules and just public city, state, and country are considered ‘shut- policies. It follows directly from Schachter’s fim’ with respect to the services provided by new formulation that as Jewish partners in that city, state, and country. The purpose be- this process, we have a unique right and obli- hind the taxes is no longer ‘to enrich the king’ gation to bring to our fellow citizens the best in the slightest.” (Torahweb.org) of Jewish legal and ethical thinking. Fooling the Tax Collector: Why the Rabbis Once Approved DAVID BRODSKY abbi Naftali Tzvi Weisz, the Spinka Luke 3:12, 5:27–30, 7:29, 7:34, 15:1, and 18:9– Rebbe of Boro Park, and the great-great- 14), just as the Mishnah associates them with Rgrandson of R. -
The Decline of the Generations (Haazinu)
21 Sep 2020 – 3 Tishri 5781 B”H Dr Maurice M. Mizrahi Congregation Adat Reyim Torah discussion on Haazinu The Decline of the Generations Introduction In this week’s Torah portion, Haazinu, Moses tells the Israelites to remember their people’s past: זְכֹר֙יְמֹ֣ות םעֹולָָ֔ ב ִּ֖ ינּו נ֣ שְ ֹותּדֹור־וָד֑ ֹור שְאַַ֤ ל אָב ֙יך֙ וְ יַגֵָ֔דְ ךזְקֵנ ִּ֖יך וְ יֹֹ֥אמְ רּו לְָָֽך Remember the days of old. Consider the years of generation after generation. Ask your father and he will inform you; your elders, and they will tell you. [Deut. 32:7] He then warns them that prosperity (growing “fat, thick and rotund”) and contact with idolaters will cause them to fall away from their faith, so they should keep alive their connection with their past. Yeridat HaDorot Strong rabbinic doctrine: Yeridat HaDorot – the decline of the generations. Successive generations are further and further away from the revelation at Sinai, and so their spirituality and ability to understand the Torah weakens steadily. Also, errors of transmission may have been introduced, especially considering a lot of the Law was oral: מש הק בֵלּתֹורָ ה מ סינַי, ּומְ סָרָ ּהל יהֹושֻׁעַ , ו יהֹושֻׁעַ ל זְקֵנים, ּוזְקֵנים ל נְב יאים, ּונְב יא ים מְ סָ רּוהָ ילְאַנְשֵ נכְ ס ת הַגְדֹולָה Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly. [Avot 1:1] The Mishnah mourns the Sages of ages past and the fact that they will never be replaced: When Rabbi Meir died, the composers of parables ceased. -
BIKKURIM the Tractate's First Unit Lists the Prerequisites for Separating First Fruits And
CHAPTER ELEVEN THE DEVELOPMENT OF THE TRACTATES: BIKKURIM l. INTRODUCTION The tractate's first unit lists the prerequisites for separating first fruits and reciting the Scriptural confession. The third unit describes, in a narrative passage, the actual procedures through which this offering is designated, separated and carried to the Temple in Jerusalem, where it is presented to the priests. Constructed almost exclusively of Ushan materials, these two units supply all information an Israelite needs to know in order to designate and dispose of first fruits. Concerned pri marily with the mechanics of this operation, they provide few issues of legal interest or theoretical importance within the Division of Agriculture as a whole. As is the case for Tractate Orlah, while the Mishnah's authorities deemed it important to discuss this Scriptural offering, they did not produce an agendum of issues deeper than the surface ques tion of what the Israelite must do to fulfill the requirement described in Scripture. The tractate's middle unit contains a series of comparisons of rules that apply to each of the several agricultural offerings referred to in the Division of Agriculture. Irrelevant to the specific topic of first fruits, this material would, however, comprise a fitting conclusion and sum mary for this division as a whole. It is unclear why it has been redacted between the tractate's two units on laws of first fruits instead of in the more appropriate position at the end of the tractate. 1 Before turning to the substantive development of the tractate's law, let us review the Scriptural passages that provide the facts upon which the Mishnah's rules depend. -
Women's Testimony and Talmudic Reasoning
Kedma: Penn's Journal on Jewish Thought, Jewish Culture, and Israel Volume 2 Number 2 Fall 2018 Article 8 2020 Women’s Testimony and Talmudic Reasoning Deena Kopyto University of Pennsylvania Follow this and additional works at: https://repository.upenn.edu/kedma Part of the Jewish Studies Commons, Near and Middle Eastern Studies Commons, and the Religion Commons This paper is posted at ScholarlyCommons. https://repository.upenn.edu/kedma/vol2/iss2/8 For more information, please contact [email protected]. Women’s Testimony and Talmudic Reasoning Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial 4.0 License This article is available in Kedma: Penn's Journal on Jewish Thought, Jewish Culture, and Israel: https://repository.upenn.edu/kedma/vol2/iss2/8 Women’s Testimony and Talmudic Reasoning Deena Kopyto Introduction Today, being a witness is often considered a burden – an obligation that courts force people to fulfill. In contrast, in Talmudic-era Babylonia and ancient Israel, testifying was a privilege that certain groups, including slaves, women, and children, did not enjoy. While minors should be barred from participating in courts, and still largely are today, the status of women in Talmudic courts poses a much trickier question. Through this historical and Talmudic analysis, I aim to determine the root of this ban. The reasons for the ineligibility of female testimony range far and wide, but most are not explicitly mentioned in the Talmud. Perhaps women in Talmudic times were infrequently called as witnesses, and rabbis banned women from participation in courts in order to further crystallize this patriarchal structure. -
Abbreviations and Bibliography
ABBREVIATIONS AND BIBLIOGRAPHY Ah. 'Ahilot Albeck Chanoch Albeck, Si!ah Sidre Mi!nah, Seder Zera'im (Jerusalem and Tel Aviv, 1957) Alon Gedaliahu Alon, "Tefl_uman fel fl_ukkot tohorah," in Mefl_qarim betoldot yiira'el" (2 vols.; Tel Aviv, 1957) 1: 148-76 [="The Bounds of the Laws of Levitical Cleanness," in Alon, Jews, Judaism and the Classical World: Studies in Jewish History in the Times qf the Second Temple and the Talmud (Jerusalem, 1977) 190-234] Arak. 'Arakin ARNA 'Abot de Rabbi Natan, Recension A, ed. Solomon Schechter (Vienna, 1887; reprint: New York, 1945) Aruch Alexander Kohut, ed. Aruch Completum (8 vols.; Vienna, 1878-92; second edition, 1926), and Additamenta ad Librum Aruch Completum, ed., Samuel Krauss et al. (Vienna, 1937) Avery-Peck Alan J. Avery-Peck, Mishnah's Division qf Agriculture: A History and 7heology qf Seder Zeraim (Chico, 1985) Avi-Yonah, Michael Avi- Y onah, with the assistance of Shemuel Safrai, 'Atlas Atlas Karta' litequpat bayyit feni, hammi!nah, wehattalmud [Carta's Atlas qf the Period qf the Second Temple, the Mishnah, and the Talmudj (Jerusalem, 1966) Avi-Yonah, Michael Avi-Yonah, Geograpiah historit fel 'eresyiira'ellemin fibbat iyyon Geography we'ad rl fit hakkibbuf ha'arabi [Historical Geography qf the Land qf Israel from the Restoration to the Arab Conquest] (Jerusalem, 1962) Avi-Yonah, Michael Avi-Yonah, 7he Holy Land .from the Persian to the Arab Conquest, Holy Land 536 B.C.-A.D. 640: A Historical Geography (Grand Rapids, 1966) A.Z. 'Abodah Zarah b. Babli, Babylonian Talmud; ben, "son of," as in "Simeon b. Gamaliel" B Mishnah Zera'im, MS.