By Berachyahu Lifshitz
Volume 20 of The Jewish legislations Annual beneficial properties six distinctive experiences. the 1st 3 articles examine questions which fall below the rubric of halakhic method. the ultimate 3 articles tackle sizeable questions concerning privateness, cohabitation and clinical triage. All 3 ‘methodological’ articles speak about inventive interpretation of criminal resources. (Cohen and Gilat) think about the confident and forward-thinking facets of such halakhic creativity. The 3rd (Radzyner) examines tendentious invocation of recent halakhic arguments to improve 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 superior penological regulations. nevertheless, Radzyner’s article on tendentious innovation makes a speciality of a state of affairs the place novel arguments have been complex within the context of an influence fight, particularly, Israeli rabbinical courtroom efforts to maintain jurisdiction.
Two articles speak about modern dilemmas. Spira & Wainberg examine the hypothetical state of affairs of triage of an HIV vaccine, studying 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 check? Schreiber’s article addresses the query of even if privateness is a middle worth in talmudic legislations: does it certainly uphold a ‘right to privacy,’ as contemporary students have claimed? the quantity concludes with a overview of Yuval Sinai’s Application of Jewish legislation within the Israeli Courts (Hebrew).
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Extra resources for Jewish Law Annual Volume 20
He must make restitution; if he lacks the means, he shall be sold for his theft. But if what he stole — whether ox or ass or sheep — is found alive in his possession, he shall pay double. (Exod. 22:1–3) According to RMS, these verses refer to two different laws: the first addresses the case of a thief who takes something from its owner’s domain; the second addresses the case of a thief who steals something that happens to be in his own domain, for example, a thief who locks the gate behind an animal that has wandered into his field.
From the manner in which RMS’s rulings are cited by certain subsequent decisors, I have concluded that RMS issued exegesis-based rulings even where they rendered permissible that which biblical law prohibited, or were contrary to the established law as set out in the Shulhan Arukh and the Mapa. These findings run counter to Gilat’s assertion that RMS advanced exegesis-based legal conclusions only when they were consistent with existing law. Although the decisors in question believed that RMS intended his midrashic exegeses to have normative weight, they did not necessarily rule in accordance with his view.
RMS reads the clause “and the Lord your God delivers them into your power,” as stipulating an important condition, and not merely as part of the background narrative: it defines when an Israelite may marry a beautiful captive. D. 73 According to the Sifre, the clause is only a promise: if the Israelites observe all the laws of war, including that of the beautiful captive, then they will triumph in battle. This willingness to put forward a view that runs counter to the Sifre attests to RMS’s interpretive boldness.