A Restatement of Rabbinic Civil Law: Laws of the paid bailee, laws of the lessee, laws regarding labor, laws regarding borrowing of objects, laws regarding stealing, laws regarding robbery

Forside
Gefen Publishing House Ltd, 1990 - 456 sider

Long accepted as the standard code of Jewish law and practice, the Shulhan Aruch was written by Rabbi Joseph Karo in 1565. Now, in an unprecedented restatement of Hoshen haMishpat, one of the four sections of the Shulhan Aruch, Rabbi Emanuel Quint brings fresh insight, modern scholarship, and succinct explication to this brilliant halachic work that will fascinate the educated layperson and advanced scholar alike. With this effort, Rabbi Quint fills the long-felt need to make this material more accessible. A Restatement of Rabbinic Civil Law: Volume IX - Laws of the Paid Bailee; Laws of the Lessee; Laws Regarding Labor; Laws Regarding Borrowed Objects; Laws Regarding Stealing; Laws Regarding Robbery; Laws of Abiding by the Laws of the Land, continues to open the Shulhan Aruch to the wider audience it deserves. Rabbi Quint, the co-founder of the Jerusalem Institute of Jewish Law, an institute dedicated to the study and dissemination of Jewish civil law, brings his professional expertise to bear on the vast array of Jewish legal processes, procedures and practices encoded here. The reader may be surprised to discover that such a meticulous legal--yet not overly religious--system fits under the category of Jewish law. And yet it does, clearly illustrating that Judaism is not only a religion, but also a culture and community. Beyond a translation, A Restatement of Rabbinic Civil Law provides the author's own commentary and also incorporates the four centuries of scholarship since the Shulhan Aruch was written, including commentaries and responsa literature. Ample footnotes help guide the reader every step of the way. The result is a comprehensive, well-organized body of rabbinic jurisprudence available to the English reader for the first time. If the Shulhan Aruch can be said to be the distilled essence of Jewish law, then A Restatement of Rabbinic Civil Law triumphs as a major judicial-literary landmark of its own.

 

Innhold

Chapter 303
3
The Standard of Care Required of a Paid Bailee
10
The Bailee Entrusts the Object to a Third Person
14
Determining the Amount of the Damages
20
The Bailee Hires the Owner
26
The Craftsman Spoils the Object
33
Chapter 307
41
Introduction
59
The Double Fourfold or Fivefold Penalty
226
Theft Through an Agent
232
Types of Changes to a Stolen Robbed Object
238
Chapter 355
245
Other Methods of Restoring the Object
246
Shimon Exercises his Option
252
Chapter 358
259
Chapter 359
267

The Lease Agreement Is Binding on the Parties
66
2222
72
Repairs to be Made by the Owner
79
Rights of a Donee of a Leasehold of Real Estate
85
Introduction
91
Method of Harvesting the Crops
97
Changing the AgreedUpon Crop
107
30
111
The Lessee Leaves the Field to Lie Fallow
113
Introduction
116
Agreements and the Laws of the Land Govern
122
Payment Higher or Lower than the Average Wage
128
Customs that Have Arisen
134
Force Majeure Affects the Relationship
141
Chapter 334
147
The Employee May Not be Paid in Kind
153
What May Be Eaten by the Employee?
159
Introduction
163
Time for Payment
170
Chapter 340
177
The Borrower Must Feed a Borrowed Animal
183
Lending Out of the Owners Kindness
186
Chapter 344
192
Chapter 345
198
Miscellaneous Laws Regarding the Special Relationship
201
Chapter 347
208
The Prohibition Against Stealing
214
Chapter 349
222
Introduction
272
Chapter 363
278
Premises Owned by Partners
284
Introduction
288
Chapter 367
294
Current Custom
300
Introduction
301
31
306
Chapter
308
Types of Government to Which the Doctrine Applies
310
Chapter
314
Chapter
317
Natural Calamity in the Entire Area
318
Currency
325
Personal Relationships
336
Business Laws
342
Community Functions
350
Introduction
352
Stipulations Between the Owner and the Lessee
355
Criminal Law Violations
358
The Agreement of the Parties Controls the Obligations
360
Remedies of the Victim
364
Chapter
371
Shimon Gives the Field to Ruven as a Gift
377
Introduction
384
Index
409
78
412
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Side xxvi - Restatement is to present an orderly statement of the general common law of the United States, including in that term not only the law developed solely by judicial decision, but also the law that has grown from the application by the courts of statutes that have been generally enacted and have been in force for many years.
Side xxix - For he hath looked down from the height of his sanctuary ; from heaven did the LORD behold the earth...
Side xxvi - Ilbert. ) The object of the Restatement one may find stated by the then director, Dr. Lewis, in the preface he wrote to the first volume of Contracts, which was also the first volume offered as a finished product. It is there said: "... in order to clarify and simplify the law and render it more certain, the first step must be the preparation of an orderly restatement of the common law...
Side xxvi - The accuracy of the statements of law made rests on the authority of the Institute. They may be regarded both as the product of expert opinion and as the expression of the law by the legal profession.

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