Development and discontinuity in Jewish law / Ruth N. Sandberg.

Format:

Book

Author/Creator:

Sandberg, Ruth N.

Language:

English

Subjects (All):

Jewish law.

Physical Description:

ix, 270 pages ; 22 cm

Place of Publication:

Lanham, MD : University Press of America, [2001]

Summary:

In Development and Discontinuity in Jewish Law, Ruth Sandberg analyzes ten biblical commandments and their interpretations in classical and medieval rabbinic sources. These texts reveal that the process of Jewish law is one of both development and discontinuity, in which biblical law can be enlarged upon and expanded, or conversely, be contracted, restricted, or even eliminated entirely.

Contents:

The mitzvot chosen for analysis 3

The textual sources of Jewish law 3

From the Shulhan Arukh to today 10

2. The Mitzvah of Obeying a Prophet 13

Deuteronomy 18:15-22 13

Deuteronomy 13:2-6 15

Determining who is a true prophet 16

The extent of the prophet's authority 19

The punishment of a true prophet who transgresses 21

Determining who is a false prophet 23

The punishment of the false prophet 26

Why there is no Shulhan Arukh on obeying a prophet 29

3. The Mitzvah of not Removing a Landmark 33

Deuteronomy 19:14 33

The transgression of removing a landmark 34

The prohibition against selling an ancestral burial plot 36

Accuracy in land measurements 36

The prohibition against transmitting teachings incorrectly 38

The prohibition against violating the rights of the poor 38

Prohibiting or permitting business competition 39

Additional halakhic developments 42

4. The Mitzvah of Preserving Trees 47

Deuteronomy 20:19-20 47

The prohibition against destroying trees during war 48

The general prohibition against destroying trees 49

The prohibition against wanton destruction 51

The prohibition against wastefulness 53

The prohibition against excessive mourning practices 54

Permission to destroy trees during war 55

Permission to destroy trees nears cities, wells, and fields 55

Permission to destroy trees for their wood 61

5. The Mitzvah of Executing a Rebellious Son 67

Deuteronomy 21:18-21 67

The exclusion of daughters 68

Limiting the definition of a "son" 69

Definition of the crime 72

Disciplinary action 76

The role of the parents 78

The procedure for the death penalty 80

Justifying the severity of the punishment 83

Why there is no Shulhan Arukh on the rebellious son 84

6. The Mitzvah of Proper Attire 89

Deuteronomy 22:5 89

Prohibitions against wearing clothing of the opposite gender 90

The prohibition against women going out to battle 93

The prohibition against women cutting their hair 94

The prohibition against men shaving their body hair 95

Removing body hair by scratching 98

The prohibition against men plucking out gray hair 99

The prohibition against men dyeing gray hair 100

How the mitzvah applies to a tumtum and a hermaphrodite 100

The prohibition against men preening in front of a mirror 101

7. The Mitzvah of Dismissal From the Nest 105

Deuteronomy 22:6-7 105

The location of the nest 106

The number of young or eggs in the nest 109

The exclusion of domesticated birds 109

The exclusion of spoiled eggs, young that can fly, or young that are terefah 111

The exclusion of mixed species and impure birds 112

The exclusion of consecrated birds 114

When the mother is terefah 116

The manner in which the mother sits on the nest 116

The case of the female partridge 118

The case of the male partridge 119

Objects separating the mother from the eggs 120

Fulfilling other mitzvot when taking the young 121

Completing the act of dismissal 122

Transgression of the mitzvah 125

The prohibition against clipping the mother's wings 127

The procedure for a bird that has killed someone 128

The promise of a reward 128

8. The Mitzvah of the Parapet 135

Deuteronomy 22:8 135

The inclusion of existing houses 136

Storehouses 136

The exclusion of structures not used as dwellings 137

The inclusion of houses jointly owned 138

The height of the parapet 139

The strength of the parapet 140

The size and height of the house 140

The exclusion of someone falling onto the roof 141

The inclusion of all dangerous objects and areas 142

Transgression of the mitzvah 144

9. The Mitzvah of Military Deferement for a Bridegroom 149

Deuteronomy 24:5 149

Obligatory and optional wars 150

Types of bridegrooms and other men included in the mitzvah 152

Duties from which bridegrooms and other men are exempt 154

Types of bridegrooms excluded from the mitzvah 157

Why there is no Shullhan Arukh on military deferment 159

10. The Mitzvah of Not Muzzling An Ox 163

Deuteronomy 25:4 163

The inclusion of other animals 164

When an animal may eat 166

What an animal may eat 168

Other types of "muzzling" 169

Threshing consecrated grain 171

When one may prevent an animal from eating 172

The transgression of the mitzvah 174

11. The Mitzvah of Corporal Punishment for Causing an Indignity 181

Deuteronomy 25:11-12 181

Monetary compensation 182

Intentionality 184

Other bodily injury 186

The obligation of intervening to stop a crime 187

Taking the law into one's own hands 189.

Notes:

Includes bibliographical references (pages [249]-254) and indexes.

ISBN:

0761821651

076182166X

OCLC:

48221438