The Jewish Law Annual Volume 17 (Jewish Law Annual) PDF
Preview The Jewish Law Annual Volume 17 (Jewish Law Annual)
THE JEWISH LAW ANNUAL VOLUME SEVENTEEN Volume 17 of the Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–16 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. The volume contains seven articles diverse in their scope and focus. Two articles are devoted to the halakhic thought of Rabbi A.I. Kook; two treat classic legal questions: breach of a promise to marry, and the legal capacity of minors; two examine aspects of the judicial process, one exploring talmudic analyses of the biblical requirement that courts be established in every town, and the other, post-talmudic views on judicial authority in cases of suspected fraudu- lent claims. Another article addresses the fascinating question of the epistemic–pedagogic worldviews of the rival Tannaitic legal academies, the House of Hillel and the House of Shammai. The volume concludes with a section on Israeli legislation that adduces or is informed by Jewish law, and two reviews of a much-discussed recent book on a topic of considerable contemporary interest: the agunah problem. The Institute of Jewish Law Boston University School of Law 765 Commonwealth Avenue Boston MA 02215 Publication No. 33 THE JEWISH LAW ANNUAL VOLUME SEVENTEEN THE INSTITUTE OF JEWISH LAW BOSTON UNIVERSITY SCHOOL OF LAW First published 2007 by Routledge-Cavendish 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge-Cavendish 270 Madison Ave, New York, NY 10016 Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2008. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” © 2007 Trustees of Boston University All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN 0-203-93099-1(cid:13)(cid:10) Master e-book ISBN ISBN13: 978–0–415–45723–1 ISBN10: 0–415–45723–8 eISBN13: 978–0–203–92976–6 eISBN10: 0–203–92976–4 To Joel and Sharon Chefitz in appreciation The Jewish Law Annual is published under the auspices of the Institute of Jewish Law, Boston University School of Law. Editor Berachyahu Lifshitz Executive Board Hanina Ben-Menahem Neil S. Hecht Berachyahu Lifshitz Board of Editors Hanina Ben-Menahem, Jerusalem Berachyahu Lifshitz, Jerusalem Dov Frimer, Jerusalem Stephen M. Passamaneck, Los Angeles Neil S. Hecht, Boston Daniel Sinclair, Jerusalem Bernard Jackson, Liverpool Ronald Warburg, Teaneck NJ Manuscript Editor Nessa Olshansky-Ashtar Editorial communications should be addressed to Prof. Berachyahu Lifshitz, Institute for Research in Jewish Law, Faculty of Law, The Hebrew University of Jerusalem, Mount Scopus, 91905 Jerusalem, Israel. All communications should be clearly marked “Attention: Editor, Jewish Law Annual.” Contributors should consult the style sheet that appears at the end of the volume; it is also available from the editor upon request. Submissions are welcome from all. Neither the editor nor members of the Board of Editors are to be associated with the views expressed by contributors. This book is part of a series. The publisher will accept continuation orders, which may be cancelled at any time, and which provide for automatic billing and shipping of each title in the series upon publication. Please write for details. CONTENTS PART ONE Neria GUTTEL, It is Indeed in Heaven: The Uniqueness of the Laws of the Temple in the Halakhic Doctrine of Rabbi A.I. Kook 3 David HENSHKE, The Number of Judges in Ancient Israel 27 Leib MOSCOVITZ, “The Actions of a Minor are a Nullity”? Some Observations on the Legal Capacity of Minors in Rabbinic Law 63 Avinoam ROSENAK, Prophecy and Halakha: Dialectic in the Meta-Halakhic Thought of Rabbi A.I. Kook 121 Haim SHAPIRA, The Schools of Hillel and Shammai 159 Yuval SINAI, Judicial Authority in Fraudulent-Claim Cases (din merume) 209 Ronnie WARBURG, Breach of a Promise to Marry 267 PART TWO Daniel B. SINCLAIR, Jewish Law in the State of Israel 285 1 The Constitutional Validity of the Sabbath Observance Law 285 2 Terminally Ill Patient Law, 5766–2005 292 viii CONTENTS PART THREE Book reviews of Aviad Hacohen, The Tears of the Oppressed, An Examination of the Agunah Problem: Background and Halachic Sources 303 Bernard S. JACKSON 303 Avishalom WESTREICH 306 Style Sheet 317 PART ONE
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