Diyune Halakhah


Book Description

A comprehensive review of practical halachic issues related to the weekly Torah portion. Presented in a thorough, decisive manner with classical and contemporary halachic opinions. From separating challah to the laws of yichud and the blessings made on various breakfast cereals, this work is an asset to every Jewish home. 2-volume gift-boxed set.




Trial Stories in Jewish Antiquity


Book Description

Trial Stories in Jewish Antiquity is the first book to examine what early Jewish courtroom narratives can tell us about the capacity and limits of human justice. Drawing from affect theory and feminist legal thought, Chaya T. Halberstam offers original readings of some of the most famous trials in the ancient Jewish tradition.




Halakha and the Challenge of Israeli Sovereignty


Book Description

Halakha and the Challenge of Israeli Sovereignty examines the issues surrounding national, political, and religious sovereignty from the vantage point of halakha and its evolution. The work analyzes the efforts of the interpretative communities who adhered to halakha—the rabbinical authorities—as well as other groups who endeavored to help or to change it: the Jewish jurists in Eretz Israel who sought to integrate sections of halakha into the Jewish collective; and the religious academics who wanted more meaningful recognition of halakha in non-halakhic values. The assessment extends from the beginning of the Jewish national movement in the last two decades of the 19th century to the first two decades of the State of Israel, when weighty problems arose that required a halakhic response to the challenge of sovereignty. In this, the volume sheds light on the pliable nature of the concept of halakha, particularly in conjunction with its application to the notion of sovereignty.




Circumventing the Law


Book Description

Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.




The Invention of Jewish Theocracy


Book Description

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of politics and society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. Understanding this idea is a priority for scholars of Israel and for anyone with an interest in its future. The Invention of Jewish Theocracy is the first book in any language to trace the origins of the idea, to track its development, and to explain its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflict, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights




The Jewish Law Annual


Book Description

Most bioethicists concern themselves with common law when considering the mores that inform practitioners operating in the framework of medical institutions. These questions are generally addressed from the perspective of secular ethics. Many Jewish physicians, however Contributors to this volume address medical issues such as organ transplantation, physician's fees, new reproductive technologies, informed consent, and medical confidentiality in the context of Jewish law. Jewish thought is presented as of great relevance to both the history of medical ethics and contemporary medico-legal issues. The volume concludes with a chronicle of Jewish Law in the State of Israel and a survey of recent literature.







The Cambridge Companion to Judaism and Law


Book Description

The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel. Part I focuses on the emergence and development of law as an essential element of religious expression in biblical Israel and classical Judaism through the medieval period. Part II considers the ramifications for the law arising from political emancipation and the invention of Judaism as a 'religion' in the modern period. Finally, Part III traces the historical and ideological processes leading to the current configuration of religion and state in modern Israel, analysing specific conflicts between religious law and state law.




Jewish Hungarian Orthodoxy


Book Description

Beginning with the informal establishment of Jewish Orthodoxy by a Hungarian rabbi in the early nineteenth century, this book traces the history and legacy of Jewish Hungarian Orthodoxy over the course of the last 200 years. To date, no single book has provided a comprehensive overview of the history of Hungarian Orthodoxy, a singularly zealous, fundamental, and separatist faction within Jewish circles. This book describes and explains the impact of this strand of Jewish Orthodoxy – developed in Hungary in the second half of the nineteenth century – across the Jewish world. The author traces the development of Hungarian Orthodoxy in the “new” Jewish territories created in the wake of Hungary’s dismantlement following its defeat in World War I. The book also focuses on Hungarian Orthodoxy in the two spheres where it continued to develop after the Holocaust, namely Israel and the United States. The book concludes with a review of Hungarian Orthodoxy’s legacy in contemporary communities worldwide, most of which are known for their radical anti-Zionist and anti-modernistic strands. The book will prove vital reading for students and academics interested in religious fundamentalism, Hungarian history, and Jewish studies generally.




דיני ישראל


Book Description