Development and Discontinuity in Jewish Law

Development and Discontinuity in Jewish Law

by Ruth N. Sandberg
     
 

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ISBN-10: 0761821651

ISBN-13: 9780761821656

Pub. Date: 02/01/2002

Publisher: The Rowman & Littlefield Publishing Group Inc

Sandberg (rabbinics, Gratz College), ordained by the Reconstructionist Rabbinical College, analyzes two divergent paths that Jewish law took as it proceeded from classical to medieval rabbinic sources in regard to such mitzvot (commandments/ good deed) as obeying Prophets, preserving trees, and corporeal punishment. Tables summarize the continuity/discontinuity

Overview

Sandberg (rabbinics, Gratz College), ordained by the Reconstructionist Rabbinical College, analyzes two divergent paths that Jewish law took as it proceeded from classical to medieval rabbinic sources in regard to such mitzvot (commandments/ good deed) as obeying Prophets, preserving trees, and corporeal punishment. Tables summarize the continuity/discontinuity development process of halakhic rulings on each mitzvah discussed. Indexed by biblical and rabbinic reference as well as subject. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9780761821656
Publisher:
The Rowman & Littlefield Publishing Group Inc
Publication date:
02/01/2002
Pages:
282
Product dimensions:
9.21(w) x 6.14(h) x 0.69(d)

Related Subjects

Table of Contents

1.Introduction1
The purpose of this work1
The mitzvot chosen for analysis3
The textual sources of Jewish law3
From the Shulhan Arukh to today10
The sources used in this work11
2.The Mitzvah of Obeying a Prophet13
Deuteronomy 18:15-2213
Deuteronomy 13:2-615
Determining who is a true prophet16
The extent of the prophet's authority19
The punishment of a true prophet who transgresses21
Determining who is a false prophet23
The punishment of the false prophet26
Why there is no Shulhan Arukh on obeying a prophet29
Summary: The mitzvah of obeying a prophet29
3.The Mitzvah of not Removing a Landmark33
Deuteronomy 19:1433
The transgression of removing a landmark34
The prohibition against selling an ancestral burial plot36
Accuracy in land measurements36
The prohibition against transmitting teachings incorrectly38
The prohibition against violating the rights of the poor38
Prohibiting or permitting business competition39
Additional halakhic developments42
Summary: The mitzvah of not removing a landmark43
4.The Mitzvah of Preserving Trees47
Deuteronomy 20:19-2047
The prohibition against destroying trees during war48
The general prohibition against destroying trees49
The prohibition against wanton destruction51
The prohibition against wastefulness53
The prohibition against excessive mourning practices54
Permission to destroy trees during war55
Permission to destroy trees nears cities, wells, and fields55
Permission to destroy trees for their wood61
Summary: The mitzvah of preserving trees62
5.The Mitzvah of Executing a Rebellious Son67
Deuteronomy 21:18-2167
The exclusion of daughters68
Limiting the definition of a "son"69
Definition of the crime72
Disciplinary action76
The role of the parents78
The procedure for the death penalty80
Justifying the severity of the punishment83
Why there is no Shulhan Arukh on the rebellious son84
Summary: The mitzvah of executing a rebellious son84
6.The Mitzvah of Proper Attire89
Deuteronomy 22:589
Prohibitions against wearing clothing of the opposite gender90
The prohibition against women going out to battle93
The prohibition against women cutting their hair94
The prohibition against men shaving their body hair95
Removing body hair by scratching98
The prohibition against men plucking out gray hair99
The prohibition against men dyeing gray hair100
How the mitzvah applies to a tumtum and a hermaphrodite100
The prohibition against men preening in front of a mirror101
Summary: The mitzvah of proper attire101
7.The Mitzvah of Dismissal From the Nest105
Deuteronomy 22:6-7105
The location of the nest106
The number of young or eggs in the nest109
The exclusion of domesticated birds109
The exclusion of spoiled eggs, young that can fly, or young that are terefah111
The exclusion of mixed species and impure birds112
The exclusion of consecrated birds114
When the mother is terefah116
The manner in which the mother sits on the nest116
The case of the female partridge118
The case of the male partridge119
Objects separating the mother from the eggs120
Fulfilling other mitzvot when taking the young121
Completing the act of dismissal122
Transgression of the mitzvah125
The prohibition against clipping the mother's wings127
The procedure for a bird that has killed someone128
The promise of a reward128
Summary: The mitzvah of dismissal from the nest129
8.The Mitzvah of the Parapet135
Deuteronomy 22:8135
The inclusion of existing houses136
Storehouses136
The exclusion of structures not used as dwellings137
The inclusion of houses jointly owned138
The height of the parapet139
The strength of the parapet140
The size and height of the house140
The exclusion of someone falling onto the roof141
The inclusion of all dangerous objects and areas142
Transgression of the mitzvah144
Summary: The mitzvah of the parapet145
9.The Mitzvah of Military Deferement for a Bridegroom149
Deuteronomy 24:5149
Obligatory and optional wars150
Types of bridegrooms and other men included in the mitzvah152
Duties from which bridegrooms and other men are exempt154
Types of bridegrooms excluded from the mitzvah157
Why there is no Shullhan Arukh on military deferment159
Summary: The mitzvah of military deferment for a bridegroom159
10.The Mitzvah of Not Muzzling An Ox163
Deuteronomy 25:4163
The inclusion of other animals164
When an animal may eat166
What an animal may eat168
Other types of "muzzling"169
Threshing consecrated grain171
When one may prevent an animal from eating172
The transgression of the mitzvah174
Summary: The mitzvah of not muzzling an ox176
11.The Mitzvah of Corporal Punishment for Causing an Indignity181
Deuteronomy 25:11-12181
Monetary compensation182
Intentionality184
Other bodily injury186
The obligation of intervening to stop a crime187
Taking the law into one's own hands189
Summary: The mitzvah of corporal punishment for causing an indignity192
12.Conclusion195
Notes237
Bibliography249
Index of Biblical and Rabbinic References255
Index of Subjects265

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