Jewish Law Annual Volume 20 by Berachyahu Lifshitz

By Berachyahu Lifshitz

Volume 20 of The Jewish legislations Annual positive factors six specific stories. the 1st 3 articles think of questions which fall below the rubric of halakhic technique. the ultimate 3 articles handle substantive questions concerning privateness, cohabitation and clinical triage. All 3 ‘methodological’ articles talk about inventive interpretation of felony assets. (Cohen and Gilat) reflect on the optimistic and forward-thinking features of such halakhic creativity. The 3rd (Radzyner) examines tendentious invocation of recent halakhic arguments to strengthen an extraneous curiosity. Cohen explores confident creativity and surveys the cutting edge midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings meant for implementation on such exegesis. Gilat examines exegetical creativity as to the legislation of capital offenses. Midrashic argumentation allows the rabbinical experts to put aside the literal feel of the cruel biblical legislation, and enforce better penological regulations. nonetheless, Radzyner’s article on tendentious innovation specializes in a scenario the place novel arguments have been complex within the context of an influence fight, specifically, Israeli rabbinical court docket efforts to maintain jurisdiction.

Two articles talk about modern dilemmas. Spira & Wainberg think about the hypothetical state of affairs of triage of an HIV vaccine, examining either the talmudic resources for resolving concerns concerning allocating scarce assets, and up to date responsa. Warburg discusses the prestige of civil marriage and cohabitation vis-à-vis check of spousal upkeep: can rabbinical courts order such fee? Schreiber’s article addresses the query of even if privateness is a center price in talmudic legislation: does it certainly uphold a ‘right to privacy,’ as contemporary students have claimed? the amount concludes with a evaluation of Yuval Sinai’s Application of Jewish legislations within the Israeli Courts (Hebrew).

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The Radbaz ad loc. explains that one’s soul is not his own property, but belongs to God. Even so, Akhan was put to death on the basis of his own admission, as a temporary ruling, see jSanhedrin 6:3; Numbers Rabbah, Torah portion ‘Masei,’ 23. v. mai taama; Responsa Maharatz Chajes, 3. 46 ISRAEL ZVI GILAT testimony itself is an essential part of the process, and not solely a means of ascertaining the truth of the matter. Circumstantial evidence is not acceptable for the purpose of determining culpability.

5:12; in the sing. imperative] with regard to the Sabbath to refer to the commandments transgression of which incurs the punishment of death, implying that only when a lone individual does this is punishment incurred, but if two do it, they are exempt from divine extirpation (karet) and from having to offer a sacrifice, for it is written, “If any person . . in doing” (Lev. 4:27). 59 R. Yosef rejects this midrash, since he believes that a close reading of Maimonides’ Code may lead to the opposite conclusion, namely, that when two carry out a prohibited labor together, this only transgresses a Rabbinic prohibition.

36 YITSHAK COHEN had already been decided by the majority of the decisors, who had ruled that it was not permitted. Then he attempts to decide the controversy between Maimonides and R. Abraham b. David (Rabad) of Posquières. The Rabad maintained that it was forbidden to offer sacrifices after the destruction of the Temple, since the sanctity of the Temple was not extant. Maimonides contended that the Temple’s sanctity remains in perpetuity. The Tzitz Eliezer availed himself of a halakhicphilosophical ruling in the Meshekh Hokhma.

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