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Journal articles on the topic 'Jewish converts (Jewish law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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1

Reches, Danni. "From Ben-Gurion to Venezuelan Converts." Revista da Faculdade de Direito da Universidade Federal de Uberlândia 49, no. 1 (September 7, 2021): 82–108. http://dx.doi.org/10.14393/rfadir-v49n1a2021-59063.

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This study analyzes the development of the unique Law of Return (LOR) of the State of Israel. The LOR is aimed at enabling the immigration of all Jews to Israel and can be viewed as an expression of Israel’s ethno-religious self-definition. The analysis includes amendments made to the LOR since its implementation in 1950 to today, and how different groups of Jewish immigrants have been affected by the law. Moreover, this paper introduces a case study that so far has not received the scholarly attention it deserves; the exodus from Venezuela and the particular case of nine Venezuelan converts to Judaism in accordance with the Conservative branch of the religion. The research uncovers that the LOR contains a core contradiction. While it should be assumed that everyone is treated equally before the law, discrepancies in the treatment of different individuals and groups of people with regard to the LOR continue taking place. The differences in treatment are due to the fact that terms such as ‘Jew’ and ‘Jewish convert’ are subjective in accordance withWeber’s theory on ethnicity and the terms have been given different meanings by Jewish religious law, the Supreme Court, and the legislative power. While recognizing that the definition of these terms form the identity of the State of Israel, which is heavily contested between Orthodox religious and secular forces since its establishment as a Jewish State – this study offers suggestions for approaches to dealing with the randomness of the LOR. These consist of two main points: clarifying who should be responsible for verifying the question of who is a Jew, and listing a set of criteria that a person should meet in order to be eligible for the LOR.

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2

Motzki, Harald. "The Role of Non-Arab Converts in the Development of Early Islamic Law." Islamic Law and Society 6, no. 3 (1999): 293–317. http://dx.doi.org/10.1163/1568519991223793.

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AbstractWestern scholarship has attached considerable importance to the role played by scholars of non-Arab descent in the formative period of Islamic law and jurisprudence. This view can be challenged. In a sample taken from a biographical collection of important legal scholars compiled in the fifth/eleventh century, "true" Arabs constituted the majority; three quarters of the non-Arab scholars had an eastern background and came from the regions of the former Sassanian empire; and only a few scholars had clearly Christian or Jewish roots. This result lends no support to the assumption that jurists of non-Arab descent brought solutions from their natal legal systems — Roman, Roman provincial and Jewish law — to early Islamic law.

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Martyn, Louis. "A Law-Observant Mission to Gentiles: The Background of Galatians." Scottish Journal of Theology 38, no. 3 (August 1985): 307–24. http://dx.doi.org/10.1017/s0036930600040989.

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That the early church was intensely and passionately evangelistic is clear to every reader of the documents that make up the New Testament. Equally clear, or so it would seem, is the scholarly consensus that when Christian evangelists took the step of reaching beyond the borders of the Jewish people, they did so without requiring observance of the Jewish law. The work of these evangelists, in turn, is said to have sparked a reaction on the part of firmly observant Jewish Christians, who, seeing the growth of the Gentile mission, sought to require observance of the Law by its converts. Struggles ensued, and the outcome, to put the matter briefly, was victory for the mission to the Gentiles, for the Law-free theology characteristic of that mission, and for the churches produced by it.

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4

Katz, David S. "The Abendana Brothers and the Christian Hebraists of Seventeenth-Century England." Journal of Ecclesiastical History 40, no. 1 (January 1989): 28–52. http://dx.doi.org/10.1017/s0022046900035417.

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One of the most striking features of the first decades of open Jewish resettlement in England is the speed with which Jews managed to integrate themselves into so many different spheres of English life. From the first appointment of a Jew as a broker on the Exchange in 1657 to the first Jewish knighthood in 1700, the story is one of a dramatic rise in the acquisition of rights, privileges and special consideration. So, too, had Jews long been a part of English intellectual and academic life, but before Cromwell's tacit permission of Jewish residence in 1656 only Jewish converts to Christianity dared to make their appearance at English universities. This pattern was broken with the Abendana brothers, Jacob (d. 1685) and Isaac (d. 1699), Hebrew scholars and bibliophiles who came to London from Holland after the Restoration. Jacob Abendana, in the last four years of his life, was rabbi of the Sephardic community in London; Isaac, from at least 1663, taught Hebrew at Oxford and Cambridge. Both men were very much in demand by English scholars, who turned to them to solve Hebraic problems of various kinds and to procure Hebrew books for themselves and for university libraries. Both brothers worked on the first translations of the Mishnah into European languages and thus helped make available to Christian scholars this central core of the Talmud, the Jewish ‘oral’ law. Finally, it was Isaac Abendana who invented the Oxford diary and thereby made a permanent mark on the social habits of the university in which he laboured.

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Byrne, Brendan. "Jerusalems Above and Below: A Critique of J. L. Martyn's Interpretation of the Hagar–Sarah Allegory in Gal 4.21–5.1." New Testament Studies 60, no. 2 (March 14, 2014): 215–31. http://dx.doi.org/10.1017/s0028688513000362.

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In several studies of Galatians, J. Louis Martyn has argued that in the allegory of Hagar and Sarah (4.1–5.1), the ‘two covenants’ of 4.24b, traditionally identified with Judaism and Christianity respectively, refer, on the one hand, to a Christian Jewish Law-observant Gentile mission, Teachers from whom are disturbing Paul's Galatian converts, and to the Law-free Gentile mission promulgated by Paul, on the other. In the light, particularly, of Paul's overall usage of ‘covenant’, Martyn's interpretation is not sustainable – though this need not imply a return to an anti-Jewish interpretation of the text.

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6

Jacobsen Follador, Kellen. "O discurso que não foi esquecido e permaneceu na memória. O preconceito antijudaico e a elaboração da alteridade conversa." Revista Grafía- Cuaderno de trabajo de los profesores de la Facultad de Ciencias Humanas. Universidad Autónoma de Colombia 11, no. 1 (January 29, 2014): 112. http://dx.doi.org/10.26564/16926250.511.

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ResumoNo final do século XIV muitos judeus foram convertidos ao cristianismo no reino de Castela e de acordo com a teologia cristã, o batismo purifica o pecador que se converte. Mas os cristãos-velhos não aceitaram os neófitos como verdadeiros cristãos e adaptaram o discurso antijudaico à alteridade conversa, formada por estigmas originários dos conflitos de representações, das divergências religiosas, sociais e econômicas.Palabras chave: Discurso, Antijudaísmo, Alteridade, Estigmas, Neófitos. Conversos.*********************************************************The discourse that wasn’t forgotten and remained in memory. The anti-jewish prejudice and the development of alterity of the convertAbstractAt the end of the fourteenth century many jews were converted to christianity in the kingdom of Castile and according to christian theology, baptism cleanses the sinner who repents. But the old christians didn’t accept the neophytes as true christians and adapted the anti-jewish discourse to alterity of the convert, formed by stigmas originating conflicts of representations, of religious, social and economic divergences.Key words: Discourse, Anti-jewish, Alterity, Stigmas, Neophytes, Converts.**********************************************************El discurso que no fue olvidado y se mantuvo en la memoria. El prejuicio anti-judío y el desarrollo de la alteridad del conversoResumenA finales del siglo XIV muchos judíos fueron convertidos al cristianismo en el reino de Castilla y según la teología cristiana, el bautismo limpia al pecador arrepentido. Pero los cristianos viejos no aceptaron a los neófitos como verdaderos cristianos y adaptaron el discurso antijudío a la alteridad del converso, formada por los estigmas originarios de los conflictos de representaciones, de las diferencias religiosas, sociales y económicas. Palabras clave: Discurso, Antijudaísmo, Alteridad, Estigmas, Neófitos, Conversos.

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Kleinman, Ron S. "Civil Law as Custom: Jewish Law and Secular Law—Do They Diverge or Converge?" Review of Rabbinic Judaism 14, no. 1 (2011): 11–36. http://dx.doi.org/10.1163/157007011x564832.

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8

Meyers, Jeffrey B. "The Thought of Samuel J. Levine at the Intersection of the Talmudic and Constitutional Law." Global Journal of Comparative Law 8, no. 2 (September 25, 2019): 211–35. http://dx.doi.org/10.1163/2211906x-00802005.

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Samuel J. Levine’s research and writing collected in the two-volume anthology, Jewish Law and American Law: A Comparative Study addresses the connection between contemporary American Law and ancient Talmudic Law through the lens of contemporary Constitutional Law and Professional Ethics. Professor Levine mines the legacy of the late Robert Cover and his theory of law and narrative in particular to draw out the similarities and differences between rabbinic interpretation of the Torah and judicial interpretation of the US Constitution. He also considers where Jewish ethics converge and diverge from professional rules of conduct in the legal profession. This article summarizes some of the key turns in Levine’s recently published collected works and reflects critically on their key themes.

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Goldenberg, David M. "“It Is Permitted to Marry a Kushite”." AJS Review 37, no. 1 (April 2013): 29–49. http://dx.doi.org/10.1017/s0364009413000020.

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A strange statement appears in Maimonides' (d. 1204) code of Jewish law, theMishneh Torah. When dealing with prohibited marriages, Maimonides writes that a convert from among the gentiles, including the seven Canaanite nations (Deuteronomy 7:3), may marry within the Jewish community. Originally there were some exceptions to this in regard to four nations: Ammon, Moab, Egypt, and Edom. However, Sennacherib, King of Assyria, commingled all the nations, and since then these four nations have been mixed up with all the other permitted nations, and they have all become permitted. “Thus a convert these days, whether he be an Edomite, an Egyptian, an Ammonite, a Moabite, a Kushite, or any other nation, whether male or female, is permitted to enter the community [of Israel, i.e. to marry within the community] immediately.”

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10

Bosanquet, Antonia. "The kitābī Wife’s Conversion to Islam: An Unusual Interpretation by Ibn Qayyim al-Jawziyya." Islamic Law and Society 27, no. 3 (August 6, 2020): 185–213. http://dx.doi.org/10.1163/15685195-00260a05.

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Abstract This essay analyzes Ibn Qayyim al-Jawziyya’s (d. 751/1350) teaching about the legal options open to a woman who converts to Islam while married to a Jewish or Christian husband. I argue that Ibn al-Qayyim’s preferred position is unusual for the eighth/fourteenth century in which he wrote, although it may derive from Ibn Taymiyya’s (d. 728/ 1328) teaching on the subject. In order to contextualize Ibn al-Qayyim’s view, I summarize the variety of approaches to single-spouse conversion that dominated in the first century AH, and the broad consensus on the topic that developed after this. Although female conversion to Islam has received some attention in historical studies, there has been less focus on the legal discourse surrounding this question. The essay seeks to contribute to this discussion.

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Morris, Douglas G. "The Lawyer Who Mocked Hitler, and Other Jewish Commentaries on the Nuremberg Laws." Central European History 49, no. 3-4 (December 2016): 383–408. http://dx.doi.org/10.1017/s0008938916000686.

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AbstractNazi Germany’s Nuremberg Laws of 1935 generated legal commentary by Nazi jurists who eagerly extended its antisemitic principles—but not by Jewish lawyers, for whom the discrimination was too blatant and the risks of public criticism too dangerous. In the winter of 1936-37 in Leipzig, however, one obscure lawyer named Max Hellmann made an incisive commentary about the laws. Faced with prosecution for employing a female “Aryan” cook, Hellmann, a convert and widower in despair, responded boldly: he subpoenaed Adolf Hitler to testify and even moved to imprison him pending the judge’s decision. His defense was, in fact, a satire. It mocked the so-called Führerprinzip (leadership principle), i.e., the idea of law as the Führer’s will, at the heart of the Nazi legal system. Persistently contrasting the need for legal procedures with the primacy of irrational will, Hellmann showed that the leadership principle was incoherent with regard to the separation of powers, the role of the judiciary, the process of legislation, and the very nature of law itself. He provided a detailed critique of Nazi law that insiders, such as Nazi jurists, dared not think, and that outsiders, such as Jewish lawyers, had no reason to develop.

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12

Ramirez, Clara. "From the Inquisition Pyre to Insertion into the Church: The Familial and Social Trajectory of Hernando Ortiz, a Jewish Convert in the Spanish Empire in the 16th Century." Social Sciences 10, no. 7 (July 9, 2021): 264. http://dx.doi.org/10.3390/socsci10070264.

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This is a study of the trajectory of a Jewish converso who had a brilliant career at the University of Mexico in the 16th century: he received degrees from the faculties of arts, theology and law and was a professor for more than 28 years. He gained prestige and earned the respect of his fellow citizens, participated in monarchical politics and was an active member of his society, becoming the elected bishop of Guatemala. However, when he tried to become a judge of the Inquisition, a thorough investigation revealed his Jewish ancestry back in the Iberian Peninsula, causing his career to come to a halt. Further inquiry revealed that his grandmother had been burned by the Inquisition and accused of being a Judaizer around 1481; his nephews and nieces managed, in 1625, to obtain a letter from the Inquisition vouching for the “cleanliness of blood” of the family. Furthermore, the nephews founded an entailed estate in Oaxaca and forbade the heir of the entail to marry into the Jewish community. The university was a factor that facilitated their integration, but the Inquisition reminded them of its limits. The nephews denied their ancestors and became part of the society of New Spain. We have here a well-documented case that represents the possible existence of many others.

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13

Sinkoff, Nancy. "The Maskil, the Convert, and the [ayin ]Agunah: Joseph Perl as a Historian of Jewish Divorce Law." AJS Review 27, no. 02 (November 2003): 281–99. http://dx.doi.org/10.1017/s0364009403000102.

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14

Sinkoff, Nancy. "Erratum." AJS Review 28, no. 1 (April 2004): 213. http://dx.doi.org/10.1017/s0364009404000133.

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A typographic error appears on page 295 of “The Maskil, the Convert, and the עAgunah: Joseph Perl as a Historian of Jewish Divorce Law,” by Nancy Sinkoff, in the November 2003 issue of AJS Review [2003:27(2), pp. 281–299]. In the indented paragraph from Joseph Perl's manuscript, the original Hebrew phrase “vekhatav”—which is noted in footnote 61 as appearing in the text itself—was elided, leaving an underline with no text. The passage containing the missing Hebrew phrase follows in its entirety:

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15

Bokek-Cohen, Ya’arit. "Couples Who Disobeyed the Caste-Like Marital Prohibitions in Israel." Indian Journal of Gender Studies 27, no. 1 (February 2020): 9–32. http://dx.doi.org/10.1177/0971521519891477.

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This article uses a feminist human rights approach and focusses on one of the most painful experiences in intimate relationships, unveiling a hitherto unexplored type of human rights infringement for divorced women, namely the right to establish a family in Israel, purported to be a democratic state. This phenomenon is based on religious marriage rules and prohibitions that include, inter alia, the classification of Jews into 10 hierarchical pedigrees, which are partially equivalent to Indian castes. Owing to this caste-like classification, thousands of couples are proscribed from marrying each other every year in Israel. This article focusses on couples that disobeyed the prohibitions on couples consisting of male Cohanim (descendants of Jewish priests) and divorced women, as one type of forbidden marriage. Four themes emerged from data analysis of narratives of 26 interviewees, which converge to a common motif of the liminality of Cohen-divorcee couples. The article argues that this liminality undermines the basic rationale of the prevailing millet (personal law) system and discusses the implications of this liminality for women’s human rights and religion-state relations.

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Zohar, Noam J. "Boycott, Crime, and Sin: Ethical and Talmudic Responses to Injustice Abroad." Ethics & International Affairs 7 (March 1993): 39–53. http://dx.doi.org/10.1111/j.1747-7093.1993.tb00142.x.

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Zohar applies Talmudic views on communal sin to contemporary political discourse by posing the question “Are we our brothers' keepers?” The essay addresses international responsibility to protect victims of oppression worldwide. This discussion is particularly valuable in today's political system where the national sovereignty of a state may attempt to outweigh the victims' claim of persecution. While asserting that economic sanction, primarily boycott, in lieu of military action, is the most effective means of curtailing the actions of the oppressor government, he presents the views of Maimonides and Nachmanides on the Noahide Code of Jewish law. The former advocates full-scale embargo policy and holds all citizens responsible for acquiescing in the sins of their rulers and hence of communal sin, thereby justifying intervention. The latter, and more commonly accepted today, urges elimination of (direct or indirect) participation in the deeds of the perpetrators, the “clean-hands” approach, and hence allows for national boundaries to overshadow injustices occurring within them. Both types of boycott converge in that any transaction that fails to undermine the perpetrating regime is in some way facilitating its existence.

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Jackson, Bernard S. "How Jewish is Jewish Family Law?" Journal of Jewish Studies 55, no. 2 (October 1, 2004): 201–29. http://dx.doi.org/10.18647/2550/jjs-2004.

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Chernina, L. V. "ПроблемырелигиозногообращениявюридическомтворчествеАльфонсоХ." Istoricheskii vestnik, no. 22(2017) part: 22/2017 (September 27, 2019): 56–85. http://dx.doi.org/10.35549/hr.2019.2017.36633.

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Статья посвящена разновидностям религиозного обращения в Кастилии в 13м веке, главным образом в том виде, в каком они появляются в легальных источниках эры Альфонсина. Заметное еврейское меньшинство существовало в средневековых христианских штатах Пиренейского полуострова наряду с более крупным мусульманским. Церковь и какимто образом государство поощряло членов этих групп принять христианство. Это было главной целью различных мер, некоторые из которых нашли свое отражение в Fuero Real , Especulo и Siete Partidas : защита собственности новообращенных, регулирование брачных отношений в связи с изменением веры, установление наказаний для тех, кто мешает человеку перейти в христианское общество. Особое внимание уделяется отступничеству отказу от христианства для иудаизма или ислама, а также методам противодействия ему, предложенным юристами Альфонсо. Широко распространено мнение, что законы, которые регулировали религиозное обращение в светской правовой теории 13го века, в основном копируют существующий канонический закон. Однако анализ показывает, что на процесс составления законов влияли как церковная традиция, так и непосредственные военные и политические интересы Кастилии.The article is dedicated to the varieties of religious conversion in Castile in the 13th century, mainly as they appear in the legal sources of Alfonsine era. A noticeable Jewish minority existed in medieval Christian states of the Iberian Peninsula alongside with a larger Muslim one. The Church and in some way the State encouraged the members of these groups to adopt Christianity. This was the main purpose of different measures some of which found their reflection in Fuero Real , Especulo and Siete Partidas : protection of the converts property, the regulation of marital relations in connection with the change of faith, establishment of punishments for those who prevent an individual from the conversion to Christian society. Special attention is paid to the apostasy a rejection of Christianity for Judaism or Islam, and to the methods to impede it, suggested by Alfonsos jurists. It is widely agreed that the laws which regulated the religious conversion in the secular legal theory of the 13th century mostly copy the existed canon law. However the analysis demonstrates that the process of composition of laws was influenced both by the ecclesiastic tradition and the immediate military and political interests of Castile.

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19

Bradley, Gerard V., and David Novak. "Jewish-Christian Dialogue: A Jewish Justification." Journal of Law and Religion 7, no. 1 (1989): 251. http://dx.doi.org/10.2307/1051201.

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20

SIMONSOHN, Shlomo. "Some Well-Known Jewish Converts During the Renaissance." Revue des Études Juives 148, no. 1 (January 1, 1989): 17–52. http://dx.doi.org/10.2143/rej.148.1.2012859.

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21

Yisraeli, Yosi. "From Christian Polemic to a Jewish-Converso Dialogue." Medieval Encounters 24, no. 1-3 (May 29, 2018): 160–96. http://dx.doi.org/10.1163/15700674-12340020.

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Abstract This article presents a new reading of the polemical strategies and arguments embodied in the “anti-Jewish” tractate by the converted bishop of Burgos, Pablo de Santa María (c.1352–1435), the Scrutinium scripturarum (c.1432). It suggests the Scrutinium reflected a unique polemical dynamic that emerged between converts and Jews following the mass conversions of 1391 and the early fifteenth century, regarding the spiritual assimilation of converts to their new faith. Grappling with the new challenges faced by converts, the Scrutinium articulated a Christian approach toward rabbinic traditions and Jewish skepticism that differed dramatically from the scholastic–polemical traditions that were employed at the disputation of Tortosa. Its introduction of rabbinic esotericism provided its Latin-reading audience new historical and theological grounds for the integration of rabbinic authority within Christian scholarship and history. In doing so, it embodied what could be considered a distinct “converso voice,” which challenged the customary religious boundaries between Judaism and Christianity.

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22

Hsia, R. Po-chia. "Elisheva Carlebach. Divided Souls: Converts from Judaism in Germany, 1500–1750. New Haven: Yale University Press, 2001. xii, 324 pp." AJS Review 29, no. 2 (November 2005): 388–89. http://dx.doi.org/10.1017/s0364009405350173.

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Unlike the Sephardim, who accepted the concept of taqiyya and the practice of marranism to cope with forced conversions under Islam, the Ashkenazim, especially the Jewish communities of Germanophone Central Europe, developed an uncompromising rejection of Christian baptism. Instead of marranism and deception under Islam, the Ashkenazim, in the persecutions of the Crusades and after, developed a strong sense of martyrdom and detested baptism, whether forced or voluntary, as ritual and spiritual defilement and pollution. The small number of Jewish converts to Christianity were not so much sinners but apostates (meshummadim or the vertilgten). Given this Ashkenazi tradition, it is not surprising that converts were marginalized in Jewish historiography and scholarship. Nevertheless, as Carlebach argues persuasively in this book, they played a significant role in Jewish–Christian relations in early modern Germany; and given the fact that conversions rose rapidly in the late eighteenth century, it is all the more important to understand the prehistory of Jewish conversion and integration in Germany after Emancipation.

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23

Jagodzińska, Agnieszka. "Badania nad konwersją: nowe trendy, metody, wyzwania." Studia Judaica, no. 2 (46) (2021): 425–36. http://dx.doi.org/10.4467/10.4467/24500100stj.20.021.13664.

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Research on Jewish Conversion: New Trends, Methods, and Challenges This review article addresses the recent popularity of studies on Jewish conversion. In particular, it examines the volume Bastards and Believers: Jewish Converts and Conversion from the Bible to the Present edited by Theodor Dunkelgrün and PawełMaciejko (Philadelphia, 2020). The author of the article suggests looking at this volume as at a representative example of recent trends, themes, methods, and challenges present in studying Jewish conversion.

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24

Carmichael, Calum. "Gypsy Law and Jewish Law." American Journal of Comparative Law 45, no. 2 (1997): 269. http://dx.doi.org/10.2307/840850.

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Fishbayn Joffe, Lisa. "Gender and Jewish Law." Melilah: Manchester Journal of Jewish Studies (1759-1953) 13, no. 1 (December 1, 2019): 40–44. http://dx.doi.org/10.31826/mjj-2019-130108.

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26

Schimmel, Solomon. "Psychology and Jewish Law." Shofar: An Interdisciplinary Journal of Jewish Studies 14, no. 2 (1996): 1–10. http://dx.doi.org/10.1353/sho.1996.0098.

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27

Falk, Ze'ev W., and Menachem Elon. "What Is "Jewish Law"?" Journal of Law and Religion 11, no. 2 (1994): 835. http://dx.doi.org/10.2307/1051389.

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Jackson, Bernard S., Gordon Paul Hugenberger, Ake Viberg, Jacob Halakhah Ba-Metsar Katz, Moshe Koppel, Yeshayahu Leibowitz, Eliezer Goldman, et al. "A Jewish Law Miscellany." Journal of Law and Religion 17, no. 1/2 (2002): 235. http://dx.doi.org/10.2307/1051426.

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29

Middleburgh, Charles. "Book Reviews : Jewish Law." Expository Times 102, no. 4 (January 1991): 120. http://dx.doi.org/10.1177/001452469110200417.

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30

Endelman, Todd M. "Jewish Converts in Nineteenth-Century Warsaw: A Quantitative Analysis." Jewish Social Studies: History, Culture, and Society 4, no. 1 (October 1997): 28–59. http://dx.doi.org/10.2979/jss.1997.4.1.28.

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31

Criss, Nur Bilge. "The Dönme: Jewish Converts, Muslim Revolutionaries and Secular Turks." Turkish Studies 11, no. 2 (June 2010): 294–98. http://dx.doi.org/10.1080/14683849.2010.483873.

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32

Cohen-Almagor, Raphael. "Discrimination against Jewish Women in Halacha (Jewish Law) and in Israel." British Journal of Middle Eastern Studies 45, no. 2 (December 2, 2016): 290–310. http://dx.doi.org/10.1080/13530194.2016.1258543.

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33

Mittleman, Alan. "Theorizing Jewish Ethics." Studia Humana 3, no. 2 (June 1, 2014): 32–42. http://dx.doi.org/10.2478/sh-2014-0007.

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Abstract The concept of Jewish ethics is elusive. Law occupies a prominent place in the phenomenology of traditional Judaism. What room is left for ethics? This paper argues that the dichotomy between law and ethics, with regard to Judaism, is misleading. The fixity of these categories presumes too much, both about normativity per se and about Judaism. Rather than naming categories “law” and “ethics” should be seen as contrastive terms that play a role in fundamental arguments about how to characterize Judaism.

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34

Dollin and Roth. "Psychiatric Malpractice in Jewish Law." Journal of Jewish Ethics 4, no. 1 (2018): 47. http://dx.doi.org/10.5325/jjewiethi.4.1.0047.

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35

Jacobs, Louis. "Business Ethics in Jewish Law." Journal of Jewish Studies 36, no. 2 (October 1, 1985): 265. http://dx.doi.org/10.18647/1242/jjs-1985.

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36

Kochan, Lionel. "The Jewish Law Annual VII." Journal of Jewish Studies 41, no. 1 (April 1, 1990): 138. http://dx.doi.org/10.18647/1533/jjs-1990.

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37

Rosner, Fred. "Pregnancy reduction in jewish law." American Journal of Obstetrics and Gynecology 168, no. 1 (January 1993): 278. http://dx.doi.org/10.1016/s0002-9378(12)90931-x.

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38

Jackson, B. S. "COMPARING JEWISH AND ISLAMIC LAW." Journal of Semitic Studies 48, no. 1 (March 1, 2003): 109–21. http://dx.doi.org/10.1093/jss/48.1.109.

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39

Reisner, Avram Israel, and Fred Rosner. "Medicine and Jewish Law I." Journal of Law and Religion 17, no. 1/2 (2002): 189. http://dx.doi.org/10.2307/1051415.

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40

Snyderman, Reuven K. "Jewish Law and Cosmetic Surgery." Plastic and Reconstructive Surgery 78, no. 2 (August 1986): 259. http://dx.doi.org/10.1097/00006534-198608000-00025.

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41

Fuss, Abraham M., and Nahum Rakover. "Two Bibliographies of Jewish Law." Jewish Quarterly Review 84, no. 1 (July 1993): 99. http://dx.doi.org/10.2307/1454706.

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42

Brown, J. "Prenatal screening in Jewish law." Journal of Medical Ethics 16, no. 2 (June 1, 1990): 75–80. http://dx.doi.org/10.1136/jme.16.2.75.

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43

Novak, David. "Jewish Ethics and Natural Law." Journal of Jewish Thought and Philosophy 5, no. 2 (December 1, 1996): 205–17. http://dx.doi.org/10.1163/105369996790231389.

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44

Meyers, Nechemia. "Israel: Medicine confronts Jewish law." Nature 318, no. 6042 (November 1985): 97. http://dx.doi.org/10.1038/318097a0.

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45

Jabareen, Hassan, and Suhad Bishara. "The Jewish Nation-State Law." Journal of Palestine Studies 48, no. 2 (2019): 43–57. http://dx.doi.org/10.1525/jps.2019.48.2.43.

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Abstract:

This analysis explores the origins and constitutional implications of Basic Law: Israel – The Nation State of the Jewish People (hereafter the Jewish Nation-State Law), enacted by the Israeli Knesset in July 2018. It examines the antecedents of the legislation in Israeli jurisprudence and argues that most of the law's provisions are the product of precedents established by Israel's Supreme Court, specifically the court's rulings delivered post-Oslo. The authors contend that the “two states for two peoples” vision of so-called liberal Zionists paved the way for Israel's right-wing politicians to introduce this law. Their analysis holds that the law is radical in nature: far from being a mere continuation of the status quo, it confers unprecedented constitutional status on ordinary policies and destabilizes the prevailing legal distinction between the area within the Green Line and the 1967 occupied territories.

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46

Westreich, M. "JEWISH LAW AND COSMETIC SURGERY." Plastic and Reconstructive Surgery 79, no. 4 (April 1987): 666. http://dx.doi.org/10.1097/00006534-198704000-00044.

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47

Snyderman, Reuven K. "JEWISH LAW AND COSMETIC SURGERY." Plastic and Reconstructive Surgery 79, no. 4 (April 1987): 666. http://dx.doi.org/10.1097/00006534-198704000-00045.

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48

LUTWAK, ROSELLE A., ANN MARIE NEY, and JUDY E. WHITE. "Maternity Nursing And Jewish Law." MCN, The American Journal of Maternal/Child Nursing 13, no. 1 (January 1988): 44–46. http://dx.doi.org/10.1097/00005721-198801000-00014.

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49

Jackson, Bernard. "Comparing Jewish and Islamic Law." Review of Rabbinic Judaism 6, no. 2 (2003): 333–45. http://dx.doi.org/10.1163/157007003772042168.

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50

Yakobson, Alexander. "Joining the Jewish People: Non-Jewish Immigrants from the Former USSR, Israeli Identity and Jewish Peoplehood." Israel Law Review 43, no. 1 (2010): 218–39. http://dx.doi.org/10.1017/s0021223700000108.

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The Law of Return grants every Jew the right to immigrate to Israel; this also applies to non-Jewish relatives of Jews. The Citizenship Law grants every such “returnee” automatic citizenship. The wave of immigration from the former Soviet Union in the 90s brought a large number of immigrants not considered Jewish under the definition accepted in Israel. Is this large group of Israeli citizens—who do not, at least formally, belong to the Jewish people—an emerging second substantial national minority in Israel? This Article argues that regardless of formal definitions based on Orthodox religious law under which a religious conversion is the only way for a non-Jew to become Jewish, these immigrants, through their successful social and cultural integration in the Hebrew-speaking Jewish society in Israel, are joining, de facto, the Jewish people. It is no longer true that religious conversion is the only way to join the Jewish people.

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