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Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern response, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law, providing teachers with the essential background material from which a variety of sources, from many different perspectives, may be taught. Most chapters are written to a common plan, with treatment of the political background of the period and the nature of Jewish judicial autonomy, the character (literary and legal) of the sources, the legal practice of the period, its principal authorities, and examples of characteristic features of the substantive law (especially in family law).
This is the first book to present a systematic and synthetic introduction to Jewish law.
While interest in Paul's relationship to Judaism has been growing recently, this study adds an important aspect by comparing Paul’s practical instruction with the ancient halakha or Jewish traditional law. First Corinthians is found to be a source of prime importance, and surprisingly, halakha appears to be basic to Paul's instruction for non-Jewish Christians. The book includes thorough discussion of hermeneutic and methodological implications, always viewed in relation to the history of Pauline and Judaic study. Attention is also being paid to the setting within Hellenistic culture. Finally, conclusions are drawn about the texture of Paul's thought and these are applied to two ‘theological’ passages decisive for his place in Judaism. Historical and theological implications are vast, both regarding Paul's relationship to Judaism, his attitude towards Jesus and his Apostles, and the meaning of his teaching concerning justification and the Law.
Discussions of the problems of religion and state reflected in the legal system too often occur against a background of ignorance of the scope and detail of Jewish law. This book is a comprehensive source of information and clarification of the principles and institutions of Jewish law in all its areas. It is a single-volume treatment of a subject that is now recognized as a legitimate discipline in the study of law. Originally included in the Encyclopedia Judaica and previously available in a hardcover edition, this material is now available for the first time in a paperback edition. The intention is to make it easy to use and available for a wider audience.The book begins with a major introduction discussing the development of Jewish law. This introduction is followed by eight sections offering the reader a methodical description of the principles and institutions of Jewish law: The Sources of Law; General; Laws of Property; Laws of Obligation and Torts; Family Law and Inheritance; Criminal Law; Jurisdiction, Procedure, Evidence and Execution; and Public and Administrative Law, and Conflict of Laws. The material is treated in a modern legal manner with extensive detail given to comparative law. Bibliographical information is offered at the end of each section. The comprehensive subject index is an indispensable aid in locating a given theme. All of the contributions to this book have been written by outstanding legal personalities of Israel. Collectively the work "represents an eminent contribution covering all aspects of jurisprudence, except religious ritual, in Judaism. Its broad scope encompasses much that should be of interest to students in history, economics, sociology, and culture." (Solomon Faber).
This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.
First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.
How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.