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Opening the Gates of Interpretation
This study highlights the contributions of the great philosopher-talmudist Moses Maimonides to the rationalist, “plain sense” (peshat) tradition of Jewish Bible exegesis, assessing his place in the Geonic-Andalusian school and showing how he harnessed Greco-Arabic learning to open new hermeneutical possibilities.
Rabbinic Authority, Volume 1
Introducing English-speaking readers to the parameters and scope of rabbinic authority in general, and the workings of the institution of the beit din—the Jewish court of law—in particular, this book presents 10 rulings in cases of Jewish civil law that the author handed down as a member of a beit din panel. These decisions touch on matters pertaining to employment termination, tenure rights and severance pay, rabbinic contracts, issues in the not-for-profit boardroom, real estate brokerage commission, drafting a halakhic will, a revocable living trust agreement, the division of marital assets upon divorce, spousal abuse, and a father's duty to support his estranged children. Accompanying these presentations is an examination of the notion of rabbinic authority, the business judgment rule, and an agunah's ability to recover for the infliction of emotional stress.
The Jewish Law Annual Volume 18
Volume 18 of The Jewish Law Annual contains six comprehensive articles on various aspects of Jewish law. Three articles address family law. One addresses the painful issue of the plight of the wife whose husband withholds conjugal relations. In a marriage where relations are withheld, the wife may seek a divorce, while her husband may withhold divorce. Prolonged withholding of divorce renders the wife an agunah, that is, a wife chained to a dead marriage and unable to start anew and rebuild her life. The author explores the halakhic feasibility of allowing a wife in such a predicament to bring a claim for damages against her husband for infliction of mental distress. If such claims are allow...
Authority, Process and Method
The articles in this volume were originally published in Hebrew in Shenaton Hamishpat Haivri and address Jewish law, both in its own context and in the context of contemporary jurisprudence. Contributions range from discussion of the rabbincal court to the doctrine of binding precedent, and from the basis of judicial authority to the legal defence
Jewish Law Annual Volume 20
Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonst...
The Jewish Law Annual Volume 15
Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh v. Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.
The Jewish Law Annual Volume 19
Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses...
Rabbi Meir of Rothenburg and the Foundation of Jewish Political Thought
This book examines the political thought of Rabbi Meir of Rothenburg, the most important thirteenth century German Rabbi.
