By Berachyahu Lifshitz
ISBN-10: 0415526256
ISBN-13: 9780415526258
Volume 20 of The Jewish legislations Annual good points six distinct experiences. the 1st 3 articles reflect on questions which fall less than the rubric of halakhic technique. the ultimate 3 articles deal with important questions concerning privateness, cohabitation and clinical triage. All 3 ‘methodological’ articles talk about artistic interpretation of felony assets. (Cohen and Gilat) think of 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 optimistic creativity and surveys the leading 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 permits the rabbinical professionals to put aside the literal feel of the cruel biblical legislation, and enforce stronger penological rules. nonetheless, Radzyner’s article on tendentious innovation specializes in a state of affairs the place novel arguments have been complicated within the context of an influence fight, particularly, Israeli rabbinical court docket efforts to maintain jurisdiction.
Two articles talk about modern dilemmas. Spira & Wainberg give some thought to the hypothetical state of affairs of triage of an HIV vaccine, studying either the talmudic resources for resolving concerns with regards to 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 cost? Schreiber’s article addresses the query of even if privateness is a center price in talmudic legislations: does it certainly uphold a ‘right to privacy,’ as contemporary students have claimed? the amount concludes with a evaluate of Yuval Sinai’s Application of Jewish legislations within the Israeli Courts (Hebrew).
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Extra info for Jewish Law Annual Volume 20
Sample text
In his commentary on the verse “return to your tents” (Deut. 5:27), RMS claims that the source can be found in the instructions in the Torah after the revelation at Mount Sinai. His exegesis is quite original: For presumably those who left Egypt had many wives . . women whom Noahides are not admonished against marrying, and Amram constitutes proof of this, for he was the leading figure in his generation, and he married his aunt . . so how could the Merciful One have said, after the giving of the Torah, “return to your tents,” since one’s “tent” means his wife, and those who had married their relatives [marriage to whom was now forbidden] would have to separate from them?
Even though we wipe out the heir” (14:7). And consult the Radak,52 [who suggests] that they did not intend to avenge the blood of the victim, just to inherit from them; thus a blood avenger who kills his nephew is his heir if he has no sons, as proven by the verse there, since the murderer is his brother’s heir. At first glance, RMS seems to be simply adducing an episode from the Prophets in support of Maimonides’ ruling, as the classic commentators on Maimonides are wont to do. RMS recounts the story that the Tekoan woman told King David after Absalom had Amnon slain.
But after that, if it has already been rebuilt and destroyed again — it is permitted to rebuild it. 49 Responsa Tzitz Eliezer, 10:1. 22 YITSHAK COHEN We see, then, that RMS’s halakhic creativity, reflected in his midrashic exegesis of seemingly redundancies or omissions in the scriptural text, leads R. Waldenburg to endorse the normative conclusion that Jericho can be rebuilt. It is interesting that whereas RMS’s ruling was accompanied by the words “So it seems to me,” R. Waldenburg accepts it as law without hesitation.
Jewish Law Annual Volume 20 by Berachyahu Lifshitz
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