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Journal articles on the topic 'Marriage (Jewish law) Orthodox Judaism'
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1
Mancini, Susanna. "Supreme Court of the United Kingdom: To Be or Not To Be Jewish: The UK Supreme Court Answers the Question; Judgment of 16 December 2009, R v The Governing Body of JFS, 2009 UKSC 15." European Constitutional Law Review 6, no. 3 (October 2010): 481–502. http://dx.doi.org/10.1017/s1574019610300071.
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On 16 December 2009, the UK Supreme Court held a state-funded Jewish school to be guilty of discrimination based on ethnic origin in the way it operated its admissions policies. The Jewish Free School (JFS), one of the top-performing schools in the country, refused a place to a thirteen year old boy, M., because it did not consider him Jewish. It is a fundamental tenet of traditional Judaism that to be Jewish one must be born of Jewish mother or to a woman who converted into Judaism prior to his/her birth. M.'s father was Jewish by birth, but his mother, who was originally an Italian Catholic, had converted to Judaism with the criteria set by a non-orthodox branch of Judaism. The School's admissions standards only recognized orthodox criteria for conversion as valid, hence deeming neither M. nor his mother to be Jewish.
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Lupovitch, Howard. "Neolog: Reforming Judaism in a Hungarian Milieu." Modern Judaism - A Journal of Jewish Ideas and Experience 40, no. 3 (September 12, 2020): 327–54. http://dx.doi.org/10.1093/mj/kjaa012.
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Abstract This article explores the mentality of Neolog Judaism and how its early proponents fashioned a centrist, non-ideological alternative to both Orthodoxy and German-Jewish style Reform Judaism, an alternative that emphasized Judaism’s inherent compatibility with and adaptability to the demands of citizenship. Early proponents of this Neolog mentality, such as Aron Chorin and Leopold Löw, argued that adapting Jewish practice within the framework and systemic rules of Jewish law, precedent, and custom would not undermine a commitment to traditional Judaism in any way, as Orthodox jeremiads predicted; nor would it require the sort of re-definition of Judaism that Reform Jews advocated. Four aspects of Neolog mentality, in particular, laid the foundation for this outlook: a belief that Judaism has always been inherently malleable and diverse; a willingness to see leniency as no less authentic an option than stringency (in contrast to the “humra culture” that has defined Orthodox Judaism for the last two centuries); a preference for unity over schism (contra the secession of Orthodox communities in Germany and Hungary); and the use of halachic precedent and argumentation as a mandatory part of the rationale for innovation.
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Riedel, Mareike. "The difference a wire makes: planning law, public Orthodox Judaism and urban space in Australia." International Journal of Law in Context 16, no. 4 (December 2020): 403–21. http://dx.doi.org/10.1017/s1744552320000415.
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AbstractThis paper considers a planning dispute that surrounded the construction of a Jewish religious installation (called an eruv) in the public urban space of an Australian suburb. The aim of this case-study is to examine the role of law in regulating Jewish difference – a topic that has to date received little attention in the socio-legal literature concerned with the governance of religious diversity. In analysing residents’ objections to the eruv, the paper explores long-standing anxieties about Jewish particularity in Australia and beyond as they surfaced in opposition to the eruv. It shows how the law continues to exclude certain forms of Jewish difference that are perceived as transgressing dominant religious and racial norms. Moreover, the paper highlights the particular ways in which planning law assigned value to these anxieties and legitimised the marginalisation of Orthodox Jews, emphasising the significance of local law as a site for exclusion and inequality.
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Magid, Shaul. "Loving Judaism through Christianity." Common Knowledge 26, no. 1 (January 1, 2020): 88–124. http://dx.doi.org/10.1215/0961754x-7899599.
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This contribution to the Common Knowledge symposium on xenophilia examines the life choices of two Jews who loved Christianity. Elijah Zvi Soloveitchik, born into an ultra-Orthodox, nineteenth-century rabbinic dynasty in Lithuania, spent much of his life writing a Hebrew commentary on the Gospels in order to document and argue for the symmetry or symbiosis that he perceived between Judaism and Christianity. Oswald Rufeisen, from a twentieth-century secular Zionist background in Poland, converted to Catholicism during World War II, became a monk, and attempted to immigrate to Israel as a Jew in 1958. Rufeisen, while permitted to move to Israel to join a Carmelite monastery in Haifa, was denied the right to immediate citizenship of Israel which the Law of Return guarantees to all bona fide Jews. And this particular Soloveitchik has largely been forgotten, given the limits of Jewish interest in the New Testament and of Christian attention to rabbinic literature. This article explores the complex and vexing questions that the careers of these two men raise about the elusive distinctions between Judaism and Christianity, on the one hand, and, on the other, between the Jewish religion and Jewish national identity.
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Czimbalmos, Mercédesz. "Yidishe tates forming Jewish families." Nordisk judaistik/Scandinavian Jewish Studies 31, no. 2 (December 12, 2020): 21–40. http://dx.doi.org/10.30752/nj.97558.
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Jewish communities often do not endorse the idea of intermarriage, and Orthodox Judaism opposes the idea of marrying out. Intermarriage is often perceived as a threat that may jeopardise Jewish continuity as children of such a relationship may not identify as Jews. When a Jewish woman marries out, her children will in any case become Jewish by halakhah – the Jewish law – by which Judaism is inherited from mother to child – and thus usually faces less difficulties over acceptance in Jewish communities. Even though the Torah speaks of patrilineal descent, in post-biblical times, the policy was reversed in favour of the matrilineal principle, and children of Jewish men and non-Jewish women must therefore go through the conversion process if they wish to join a Jewish congregation according to most Jewish denominational requirements. The aim of this article is to analyse what happens when Jewish men, who belong to Finland’s Orthodox communities, marry out. Do they ensure Jewish continuity, and raise their children Jewish, and how do they act as Yidishe tates – Jewish fathers? If yes, how do they do so, and what problems do they face? These questions are answered through an analysis of thirteen semi-structured in-depth interviews conducted with male members of the Jewish Community of Helsinki and Turku in 2019–20.
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DaDon, Kotel. "Role of the wife in the Jewish marriage in Old Testament Scripture, in Jewish law, and in Rabbinic literature." Kairos 12, no. 2 (November 15, 2018): 129–58. http://dx.doi.org/10.32862/k.12.2.2.
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The article is divided into three main sections: the first section analyzes the wife’s role in the Jewish marriage, as well as various questions which are inseparable from her status in Judaism, such as social life, equality, and polygamy. The second section deals with the institution of marriage in Judaism, the very wedding ceremony, and various practical questions which may arise during the wedding and later. These include issues such as the ketubah and divorce. In the last section of this article, the author seeks to present the Judaistic stance toward violence against women, especially towards beating up and raping, and he ends with the Judaistic view on how we should treat our wives. The author analyzes the aforementioned topics from the Old Testament Scripture, the Jewish law, and the Rabbinic literature from the days of Talmud until today. The author breaks down these questions based on a series of sources from the Rabbinic literature, from the days of Talmud, through the Middle Ages, all the way to the modern Rabbis, and the literature which has been translated into Croatian for the first time. The texts have been translated from Hebrew and Aramaic by the author himself.
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Radchenko, Liudmyla. "Bratslav Hasids: historical aspects of the origin and functioning of the orthodox movement in Judaism." ScienceRise, no. 2 (April 30, 2021): 15–22. http://dx.doi.org/10.21303/2313-8416.2021.001788.
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The object of research: Bratslav Hasids as a component of the orthodox movement in Judaism.
Investigated problem: historical aspects of the emergence of the orthodox movement in Judaism, the reasons for its spread among the Jewish population of Volhynia, Galicia and Podillya.
The main scientific results: the historical aspects of the origin of the orthodox movement in Judaism, the reasons for its spread among the Jewish population of Volhynia, Galicia and Podillya, as a way to achieve the formation of the Jewish religion are analyzed. The role of one of the most influential movements of Bratslav Hasids, founded and led by Rabbi Nachman of Bratslav, the main guidelines of his teachings, the reasons for its rapid spread among the communities of Ukraine and many countries, the place of tzaddiks (righteous) – heirs-mediators between God and believers. Highlights the thorny path that believers took to obtain permission to celebrate the Jewish New Year – Rosh Hashanah, other holidays at the grave of his teacher and mentor, to resolve issues regarding the coordination and construction of the synagogue of the Pantheon-Temple of Rabbi Nachman, hotel, mikvah (ritual pool) for recitation before prayer), other objects. A prominent place in the study is identified by the problems of pilgrims arriving in Uman, their resettlement, everyday life, relations with the local population, law enforcement agencies, security issues and more. Given the growing interest in the teachings of Tzaddik Nachman, the phenomenon of this phenomenon needs further study.
The area of practical use of the research results: the results of the study can be used by public administration and local government in determining public policy in the field of religion, mechanisms for solving its current problems, during the development and teaching of courses on public administration, history of religion, world history and history of Ukraine.
Innovative technological product: on the basis of numerous sources, materials, some of which are introduced into scientific circulation for the first time, a significant gap is filled in ideas about the process of religious orthodox movement in Judaism, the reasons for its spread in Ukraine and many countries and the problem of pilgrims coming to Uman, which contributed to the transformation of the city of Uman into the world capital of Bratslav Hasids.
Scope of the innovative technological product: the practice of forming, implementing and improving the system of state regulation by religious organizations.
8
Richarz, Monika. "Mägde, Migration und Mutterschaft." Aschkenas 28, no. 1 (November 23, 2018): 39–69. http://dx.doi.org/10.1515/asch-2018-0003.
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Abstract This article casts light on the situation of the 18th century Jewish underclass by using the example of maid servants. Serving as a maid was the most widespread occupation for Jewish women in the early modern era. Forced to migrate and to live unmarried in the house of a Schutzjude (Jew living under the protection of the authorities), maids were subjected to two rigid legal systems: the local Jewish law and the general law for menials that also applied to Christian servants. Because their families were often too poor to give them a dowry or to acquire authority protection, their chances of marriage were limited. And yet, Jewish maids had the highest number of illegitimate children, often fathered by middle-class Jews. Maids who became pregnant out of wedlock were branded as whores and dismissed. The councils of Jewish parishes were constantly involved in conflicts between parish members and migrant servants. Many maid servants tried to improve their difficult social situation by leaving Judaism.
9
Hofri-Winogradow, Adam. "The Muslim-Majority Character of Israeli Constitutional Law." Middle East Law and Governance 2, no. 1 (2010): 43–80. http://dx.doi.org/10.1163/187633710x12628514527560.
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AbstractThis article offers a novel interpretation of Israel's constitutional discourse. It is well-known that despite its Jewish majority, Israel orders marriage and divorce in a manner similar to that prevalent in most Muslim-majority countries: by granting the traditional religious community courts of the various religious groups which make up its population exclusive jurisdiction over community members' matters of marriage and divorce. What is less well known is that Israel's constitutional discourse, too, fits a pattern common in Muslim-majority jurisdictions, in espousing a double commitment to both a religion—in Israel's case, Judaism—and human rights. The Israeli Supreme Court has for decades emphasized Israeli constitutional law's commitment to liberalism and human rights while de-emphasizing its commitment to religion. Consistently with this approach, the Court has considered Israel's marriage regime an anachronistic blot on the law, and has constructed an alternative, civil marriage regime to serve the needs of Israel's secular liberals, whose views the Court often echos. I argue that the Court should strive to render its liberal policy choices more palatable for Israel's conservatives, by presenting them as the results of a harmonization of the religious and human rights pillars of Israel's constitutional discourse, investing in a close analysis of religious texts directed at legitimating those choices, where possible, in religious terms. A recent Israeli case hints in this direction. I conclude by suggesting that Israel's Muslim-majority type marriage regime, updated to include a civil marriage alternative, could be seen as a reflection of its complex constitutional order.
10
Winther, Judith. "Rabbi Avraham Yizhak HaCohen Kook: between exile and messianic redemption." Nordisk Judaistik/Scandinavian Jewish Studies 9, no. 2 (September 1, 1988): 69–81. http://dx.doi.org/10.30752/nj.69427.
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Until the 19th century and to a certain extent, somewhat into the 20th century, most adherents of traditional, orthodox Judaism were reluctant about, or indifferent towards the active realistic Messianism of Maimonides who averred that only the servitude of the Jews to foreign kings separates this world from the world to come. It follows that important sections of Jewry opposed the budding Zionist idea. Zionism was an abomination in that it would substitute a purely human form of redemption for a redeemer sent by God, and therefore appeared to incite rebellion against God. Rabbi Kook’s teaching was an innovative interpretation of Zionism, not in terms of halakha, Jewish law, but in terms of the Jewish religion as a belief system. He tried to understand the secular Zionist world view, attempted to see redemption as a multi-step process, visualized the Land of Israel as a spiritual centre, and imbued its centrality, although profanely based, with religious significance.
11
Jackson, Bernard. "‘Transformative Accommodation’ and Religious Law." Ecclesiastical Law Journal 11, no. 2 (April 28, 2009): 131–53. http://dx.doi.org/10.1017/s0956618x09001926.
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This paper examines the concept of ‘transformative accommodation’, which the Archbishop of Canterbury invoked in his February 2008 lecture on ‘Civil and religious law in England’, stressing the need for both the state and religious communities to contemplate internal change. Although he made no substantive proposals on jurisdictional issues, this proved the focus of subsequent public comment. I suggest that jurisdictional issues cannot be avoided, despite the diplomatic interest in doing so, as may be seen from a reading of the January 2008 European Islamic ‘Charter of Values’. Missing from the debate thus far is consideration of the (necessarily theological) criteria for accommodation within religious communities. I seek to provide a preliminary discussion of such criteria from the viewpoint of Jewish law. First, an outline of some published research on religious marriage in Judaism and Christianity is provided as a case study. I then sketch the jurisdictional situation in the modern State of Israel, before considering the possibilities for transformative accommodation in English law, in the light of the preceding analysis. A brief conclusion indicates some questions that the analysis might pose for Christianity.1
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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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Khan, Dr Ahmad Khalid, Dr Omar Abdullah Al Aboud, and Dr Syed Mohammad Faisal. "Muamma (conundrum) of Riba (Interest and Usury) in Major Religions in General and Islam in Particular." International Journal of Social Sciences and Humanities Invention 5, no. 2 (February 21, 2018): 4438–43. http://dx.doi.org/10.18535/ijsshi/v5i2.08.
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Author did courage to undertake this project with his limited knowledge of Religion, therefore, he seek apology in advance with the readers if any mistake has been committed. This paper has no religious relevance rather author has strived to uplift the pride of Interest and rent by making study in different major religion. The paper entitled, “Muamma (conundrum) of Riba (Interest and Usury) in Major Religions in General and Islam in Particular” It is an attempt to study the indication given by the religion that why it is haram. Interest is a very interesting thing; almost in all major religion Riba (Interest and Usury) is Haram including Judaism, however one side in Judaism, the Torah and Talmud encourage the granting of loans if they do not involve interest, on the other hand the halakhah [applicable Jewish law] regarding free loans apply only to loans made to other Jews but it is permissible to make loans with Riba (Interest and Usury) to non-Jews.
Yet Riba (Interest and Usury) is Haram in most of the major religion because it disturbs the social fabric, it perturbs the connection which people share, which can facilitate to form an ethnically rich and in a social context cohesive community, Honestly speaking Riba (Interest and Usury) is not only the perpetrator for it, but Riba (Interest and Usury) is one of the cause for it.
On the other hand, where the purpose is for utilization when one has for some cause or other gone astray his earnings, to insist a fixed return where no homecoming is produced is frequently considered as iniquitous. Especially so if the collateral demanded is the house in which the borrower lives or land from the prospect turn out of which he expects to pay back the loan. All the way through the era, currency providers have used the first type of case to defend their business. Ironically it is their appliance of it to the second set of circumstances that twisted the ground for the second type of spat.
Nevertheless, by the last part of the thirteenth century a number of causes emerged which greatly destabilized the influence of the Orthodox Church. In due course, the reformist faction, led by Luther (1483-1546) and Zwingli (1484-1531), approved to the charging of Riba (Interest and Usury) on the entreaty of human limitation
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Robinson, Ira. "Kabbalist and Communal Leader: Rabbi Yudel Rosenberg and the Canadian Jewish Community." Canadian Jewish Studies / Études juives canadiennes, January 1, 1993. http://dx.doi.org/10.25071/1916-0925.19773.
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The social, economic and religious pressures encountered by Eastern European Jews who emigrated to North America have been well documented. But focus on these areas has mostly failed to take into account the relationship between Orthodox Judaism and the process of adaptation to the New World. At the turn of the century, Orthodox rabbis, immigrants themselves, actively wrestled with the competing demands of Orthodox tradition and modern society. One such rabbi, Judah (Yudel) Rosenberg, brought with him to Canada a background combining both traditional Hasidism and secular learning. Rosenberg sought to draw the people closer to tradition by making it more accessible to them. Mysticism, especially, he viewed as the key to the preservation and regeneration of Judaism amongst a population that found it easier to make excuses than to follow the letter of religious law.
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Khairunnisa, Anindya Firda. "Malformation and Isolation: Critique to Jewish Orthodoxy Found in Franz Kafka’s "The Metamorphosis"." Lexicon 4, no. 1 (December 26, 2018). http://dx.doi.org/10.22146/lexicon.v4i1.42137.
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The research discusses the Jewish images found in The Metamorphosis by Franz Kafka and its interpretation. It aims to prove that the utilization of Jewish images within the novella shows the author’s underlying critique towards Jewish Orthodoxy’ ways of thinking, particularly the way they regard the Holy Scripture. The data used in the research are taken from Franz Kafka’s The Metamorphosis, in the form of words containing plot structure, characters and characterizations (including dialogue and actions), metaphors, symbols, and allusions, which represents a certain Jewish value within Kafka’s The Metamorphosis. The data are then analysed with Freudian Psychoanalysis, supported by external data such as the background of the author and information about Orthodox Judaism. The result of the research concluded that, in The Metamorphosis, Franz Kafka demonstrates that in front of the unquestioned and oblivious masses of the divine law human is hopeless; just like Gregor who ends up dying an unjustified death.
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Paludan, Peter Steensgaard. "Demokrati og jødisk fundamentalisme i Israel." Religionsvidenskabeligt Tidsskrift, no. 37 (August 1, 2000). http://dx.doi.org/10.7146/rt.v0i37.2624.
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This study – Jewish Fundamentalism in Israel and Democracy – examines the political concepts and practice of the haredi (ultra-orthodox) political parties, Shas and United Torah Judaism. It tries to establish their traditionalist concept of legitimate political power and its distinctions compared to modern concepts. Basing itself to a large extent on the writings of Rabbi Eliezer Menahem Shahk and the “Lithuanian” haredi daily Yated Neeman, the article investigates the haredi understanding of freedom and democracy versus traditional Jewish law (halakhah), focusing on both haredi theoretical explanations of the concepts and on their actual political practice. It especially examines the haredi attitudes as regards three subjects: issues concerning a possible Israeli constitution, basic laws, and the function of the high court as a constitutional court. Hereby the differences between the haredi understanding and use of the term democracy and the modern liberal concept are pointed out. The last part of the article focuses on the electoral basis of haredi power, the growth of haredi communities by natural population increase, new haredi immigrants, new returnees to tradition, and the ability of in particular Shas to enlist voters from traditional (but non-orthodox) economically weak Sephardic circles. The article points to weaknesses in this power base which could in the future create problems for the haredi parties in their attempt to preserve the “status quo”, the balance between secular and religious in Israeli public life.