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Journal articles on the topic 'Rabbinical courts'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Kaplan, Yehiel S. "Enforcement of Divorce Judgments in Jewish Courts in Israel: The Interaction Between Religious and Constitutional Law." Middle East Law and Governance 4, no. 1 (2012): 1–68. http://dx.doi.org/10.1163/187633712x631246.

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In the State of Israel, Rabbinical courts are granted sole jurisdiction in the adjudication of marriage and divorce of Jews. In these courts, the husband presents the divorce writ of Jews, the get, to his wife on the occasion of their divorce at the end of the adjudication process. When Jews sue for divorce in Rabbinical courts, the courts occasionally determine that the man should grant his wife a get or that the wife should accept the get granted by her husband. Sometimes one spouse disobeys the ruling. Although the Rabbinical courts occasionally impose sanctions in an attempt to enforce div

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2

Frimer, Dov I. "Israel Civil Courts and Rabbinical Courts Under One Roof." Israel Law Review 24, no. 3-4 (1990): 553–59. http://dx.doi.org/10.1017/s0021223700010074.

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There can be no quarrel with Prof. Pinhas Shifman's essential thesis. The attempt to have two kings rule the same kingdom at one and the same time has undoubtedly failed. The “mixed marriage” between two legal systems, having different — and at times contradictory — philosophies of law, world outlooks and social goals, has given birth to a child which neither parent is eager to acknowledge. As is usually the case in failed marriages, here too each side blames the other for the failure; the civil system points an accusing finger at the religious system, and the Rabbinical Courts blame the civil

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Radzyner, Amihai. "JEWISH LAW, STATE, AND SOCIAL REALITY: PRENUPTIAL AGREEMENTS FOR THE PREVENTION OF DIVORCE REFUSAL IN ISRAEL AND THE UNITED STATES." Journal of Law and Religion 33, no. 1 (2018): 61–88. http://dx.doi.org/10.1017/jlr.2018.15.

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AbstractRabbinical courts in Israel serve as official courts of the state, and state law provides that a Jewish couple can obtain a divorce only in these courts, and only strictly according to Jewish law. By contrast, in the Western world, especially the United States, which has the largest concentration of Jews outside of Israel, the Jewish halakha is not a matter of state law, and rabbinical courts have no official status. This article examines critically the common argument that for a Jew committed to the halakha, and in particular for a Jewish woman who wants to divorce her husband, a stat

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4

Fishbayn, Lisa. "Gender, Colonialism and Rabbinical Courts in Mandate Palestine." Religion and Gender 2, no. 1 (2011): 101. http://dx.doi.org/10.18352/rg.37.

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Joffe, Lisa Fishbayn. "Gender, Colonialism and Rabbinical Courts in Mandate Palestine." Religion and Gender 2, no. 1 (2012): 101–27. http://dx.doi.org/10.1163/18785417-00201006.

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The distribution of powers between the state and religious groups plays an important role in shaping how controversies over multicultural toleration and women’s rights under religious law can be resolved. Some structures encourage dialogue while others make it difficult. In Israel, the presence of multiple systems of personal religious law limits the possibilities for the transformation of discriminatory religious laws. There is no civil marriage or divorce in Israel. When the modern State of Israel was created, exclusive power over family law disputes involving Jewish citizens was placed in t

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6

Shava, M. "The Rabbinical Courts in Israel: Jurisdiction over Non-Jews?" Journal of Church and State 27, no. 1 (1985): 99–112. http://dx.doi.org/10.1093/jcs/27.1.99.

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7

Alotaibi, Hajed A. "Can Non-Muslim Courts Bring Legal Change in Sharia Laws?" Journal of Politics and Law 12, no. 4 (2019): 1. http://dx.doi.org/10.5539/jpl.v12n4p1.

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The transformative and regulatory accommodation model addresses practical challenges to accommodate religious laws and courts in the secular and democratic regimes. There is a strong evidence against the jurisdictional competition between secular and religious courts under defined conditions. There is no concern regarding the Shariah courts in the non-Muslim democracies, as majority of the country&rsquo;s ethno-religious groups control the civil and rabbinical courts. In this regard, there is a need to mitigate the negative impact of Muslim Family Laws (MFLs) by the civil courts in non-Mus

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Karčić, Harun. "O religijskom pravu u sekularnim državama / On religious law in secular states." Context: Journal of Interdisciplinary Studies 4, no. 1 (2022): 133–36. http://dx.doi.org/10.55425/23036966.2017.4.1.133.

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Michael J. Broyde, Shari’a Tribunals, Rabbinical Courts, and Chris-tian Panels: Religious Arbitration in America and the West, Oxford University Press, 2017. Str. 312, ISBN 978 0 19064 028 6. The Problem of Religious Diversity: European Challenges, Asian Approaches, By Anna Triandafyllidou & Tariq Modood (eds.), Edinburgh: Edinburgh University Press, 2017. Str. 352, ISBN 978 1 47441 909 3.

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9

Sandberg, Haya, and Haim Sandberg. "Dilemmas of Civil Tribunals in Formulating Their Positions toward Religious Tribunals." Journal of Law, Religion and State 5, no. 3 (2017): 214–53. http://dx.doi.org/10.1163/22124810-00503003.

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The paper addresses the dilemmas of civil-secular tribunals when formulating a position toward decisions of religious tribunals with regard to the custody of children. The paper examines the approach of the Israeli Supreme Court toward rulings of Sharia and rabbinical courts, comparing them with similar tensions in the US, Canada, and the UK. Civil courts appear to be entirely committed to civil, non-religious law. Religious tribunals, however, although committed to act in accordance with the fundamental principles of state civil law, are also obligated to act in accordance with religious law.

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Gilat, Israel Zvi. "The Parental Duty to Teach Children Torah." Review of Rabbinic Judaism 15, no. 1 (2012): 111–32. http://dx.doi.org/10.1163/157007012x622953.

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Abstract The paternal obligation to teach sons Torah has developed from the halahkic approach of the Talmud period through the halakhic approach of medieval ages scholars (especially Maimonides), to the modern halakhic approach of the Israeli Rabbinical Courts. This development reflects the transformation of the Teaching-Torah concept from a strict paternal religious commandment toward sons to a comprehensive parental-cultural responsibility to young children.

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11

Reiner, Avraham Rami. "Rabbinical Courts in France in the Twelfth Century: Centralisation and Dispersion." Journal of Jewish Studies 60, no. 2 (2009): 298–318. http://dx.doi.org/10.18647/2884/jjs-2009.

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12

Hacker, Daphna. "Religious Tribunals in Democratic States: Lessons from the Israeli Rabbinical Courts." Journal of Law and Religion 27, no. 1 (2012): 59–81. http://dx.doi.org/10.1017/s0748081400000527.

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In democratic countries where the law might be influenced by religious communities, family law cases can present one of the most sensitive and complex challenges. Religious laws governing personal status and the supervision of family relations are vital components of many religions and, in some cases, crucial to the cultural survival of the religious community. However, the family laws of some religions are discriminatory towards women, same-sex couples, people of other religions, and other groups. Currently, there is heated political and scholarly debate about the tension between the norms of

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13

Weinshall, Keren. "Courts and Diversity: Normative Justifications and Their Empirical Implications." Law & Ethics of Human Rights 15, no. 2 (2021): 187–220. http://dx.doi.org/10.1515/lehr-2021-2025.

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Abstract The study distinguishes between three normative approaches that view diversity in the judiciary as a desirable ideal, outlines their expected empirical implications for judicial decision-making, and tests the implications against data from the Israeli Supreme Court. The “reflecting” approach suggests that diversifying the courts is important mainly as a means of strengthening the public’s confidence in them and does not impact judicial decisions. The “representing” approach asserts that judges serve as representatives of their social sectors. Thus, they tend to rule in favor of their

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Tarikanov, Dmitry V. "Classification in the european legal systems of exclusive competence of the Rabbinical court in Jewish divorce." Pravovedenie 67, no. 3 (2023): 314–42. http://dx.doi.org/10.21638/spbu25.2023.305.

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In Israel in the family questions is applicable the religious law of each confession. To the Jewish people is applicable the religious Jewish law which dates back to the Pentateuch of Moses. According to that law the divorce is not only the legal, but also the sacral act. The divorce between the Jewish people is realized in Israel in the religious rabbinical court. The divorce in the secular court does not have the legal effect from the point of view of religious Jewish law. If the Jewish spouses wish to get divorced in an european country where the religious courts do not have the public powe

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MUKHAMETZARIPOV, ILSHAT A. "RELIGIOUS COURTS IN THE USA AND CANADA: TYPES, MAIN FUNCTIONS AND INTERACTION WITH THE SECULAR STATE." Study of Religion, no. 3 (2020): 88–96. http://dx.doi.org/10.22250/2072-8662.2020.3.88-96.

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The article reveals the current situation around religious courts, arbitrations and mediation institutions in the states of North America, analyzes their structure, main functions and activities. Catholic and Orthodox church courts, courts and mediation institutions in Protestant churches and denominations, rabbinical and Sharia courts, conflict resolution bodies of Buddhists, Hindus, Mormons, Scientologists are active in the United States. Generally, US authorities do not interfere in their activities if there are no violations of the rights and freedoms of citizens, but sometimes at the stat

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16

Herman, Shael. "Pitched between Scylla and Charybdis: Metz Jews’ Litigation Hurdles in the Metz Beit Din and Ancien Regime French Courts." Review of Rabbinic Judaism 24, no. 1 (2021): 1–45. http://dx.doi.org/10.1163/15700704-12341373.

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Abstract During the eighteenth century, French courts expanded their competence over Jewish disputes in order to consolidate the kingdom’s hegemony over Alsatian Jewry. In Metz, the expansion was sanctioned by a royal order for the composition of the Recueil des Loix, Coutumes, et Usages Observes par les Juifs de Metz (1742). A blend of Jewish law and French customary law tailored for ancien regime Alsatian courts, the Recueil enabled a Jewish claimant to sue in either the beit din or a French tribunal. These judicial alternatives posed strategic dilemmas. French rulings were frequently vehicl

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17

Triger, Zvi. "Freedom from Religion in Israel: Civil Marriages and Cohabitation of Jews Enter the Rabbinical Courts." Israel Studies Review 27, no. 2 (2012): 1–17. http://dx.doi.org/10.3167/isr.2012.270202.

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18

Radzyner, Amihai. "“We Act as Their Agents” and the Prohibition of Judgment by Laymen: A Discussion of Babylonian Talmud Gittin 88b." AJS Review 37, no. 2 (2013): 257–83. http://dx.doi.org/10.1017/s0364009413000263.

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A sugya just a few lines long in the Babylonian Talmud, Gittin 88b, had enormous influence on the development of Jewish law in the area of the authority to pass judgment given to rabbinical courts in our day. According to the simple, commonly accepted understanding of this sugya, the Tannaim ruled that the Torah forbade men who had not received ordination to act as judges, and as a result, the judges in Babylonia were permitted to adjudicate, of necessity, only as agents of the judges of Palestine (שליחותייהו קא עבדינן, we act as their agents). The article reexamines these positions. The first

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Mukhametzaripov, Ilshat Amirovich, and Ilmira Rashatovna Gafiyatullina. "Demand for Religious Institutions for Disputes Resolution with Muslims and Christians of Tatarstan." Islamovedenie 13, no. 2 (2022): 51–66. http://dx.doi.org/10.21779/2077-8155-2022-13-2-51-66.

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Dispute resolution practices adopted by religious associations remain relevant under the conditions of contemporary society and a secular state. There are Christian church courts, mediation and arbitration institutions, rabbinical tribunals, Sharia councils, disciplinary and conciliatory bodies of other religious communities in Europe and North America. Ecclesiastical and Jewish courts, qadis and Sharia departments in Muftiates function in the Russian Federation. Applying the questionnaire method, the authors analyzed the demand for religious institutions engaged in disputes resolution with Mu

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20

Prashizky, Anna, and Larissa Remennick. "Weddings in the Town Square: Young Russian Israelis Protest the Religious Control of Marriage in Tel–Aviv." City & Community 15, no. 1 (2016): 44–63. http://dx.doi.org/10.1111/cico.12151.

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The article discusses alternative wedding ceremonies staged in urban spaces as a statement of protest among immigrant couples that cannot marry in rabbinical courts, because they are not recognized as Jews. These public weddings are organized and sponsored by the Fishka association of young Israeli adults of Russian origin. Our field–work at Fishka included participant observation of its various events during 2013–2014, as well as in–depth interviews with the key informants, promotional materials, and video recordings of their public wedding ceremonies held in the streets of Tel–Aviv in 2009–2

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Mukhametzaripov, Ilshat A. "Religious institutions for conflict resolution in modern society: the case of Tatarstan." Historical Ethnology 9, no. 4 (2024): 592–603. http://dx.doi.org/10.22378/he.2024-9-4.592-603.

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Religious institutions for conflict resolution are values, norms, rules and methods of resolving contradictions, which are enshrined in the religious tradition and implemented within the framework of religious associations. The main practices include negotiation, mediation, arbitration, and judging. Believers in Judaism turn to rabbinical courts for help; in Christianity, people turn to parish leaders and church institutions. The Islamic system knows reconciliation (sulh), arbitration (tahkim), and judging (qada). Distinctive features of religious methods are their flexibility, a less degree o

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22

DOE, NORMAN. "SHARIA TRIBUNALS, RABBINICAL COURTS, AND CHRISTIAN PANELS: RELIGIOUS ARBITRATION IN AMERICA AND THE WEST by Michael J. Broyde, Oxford University Press, New York, 2017, pp. xxvi + 282, hbk." New Blackfriars 100, no. 1089 (2019): 621–23. http://dx.doi.org/10.1111/nbfr.12497.

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23

Roth, Pinchas. "Legal Strategy and Legal Culture in Medieval Jewish Courts of Southern France." AJS Review 38, no. 2 (2014): 375–93. http://dx.doi.org/10.1017/s0364009414000312.

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From the mid-thirteenth century onwards, the rabbinic courts of southern France (Provence and Languedoc) found themselves dealing with an increasing number of cases in which plaintiffs were using the court as leverage in a struggle that was taking place outside the court. This period also saw the first legal advocates appearing in Jewish courts. These two related phenomena point to a shift in Jewish legal culture, part of a move throughout thirteenth-century Mediterranean Europe towards what Daniel Lord Smail has called “consumption of justice.”

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Clark, Brigitte. "Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West Michael J Broyde Oxford University Press, Oxford, 2017, xxvi + 282 pp (hardback £61.00) ISBN: 978-0-19-064028-6." Ecclesiastical Law Journal 21, no. 1 (2019): 96–99. http://dx.doi.org/10.1017/s0956618x18001060.

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Shafat, Shoval. "Why Repentance Affects Divine Punishment but Not Human Punishment?" Journal of Law, Religion and State 4, no. 1 (2015): 96–115. http://dx.doi.org/10.1163/22124810-00401003.

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The aim of the discussion in this article is to explore two different Rabbinic explanations for the status of repentance in human and divine punishment, and to emphasize the essential distinction between them. According to the first explanation the source of accepting repentance is divine mercy upon human beings. Since mercy is not a legitimate consideration in conviction or even in determination of punishment in Jewish criminal law there is no wonder why repentance does not have any role during the criminal procedures in rabbinic court. According to the second explanation the acceptance of re

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Kessler, Amalia D. "The Political Functions of (Premodern) Courts and Procedure and Questions of Comparative Method." Law and History Review 37, no. 4 (2019): 937–46. http://dx.doi.org/10.1017/s0738248019000464.

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Orit Malka's Disqualified Witnesses, Between Tannaitic Halakha and Roman Law is structured around a puzzle. Why did the rabbinic literature produced in Roman Palestine in the early centuries of the Common Era identify a list of four seemingly disparate types of people—dice-players, usurers, pigeon-flyers, and traders in Seventh Year produce—as disqualified from giving testimony in court? This argument has important implications, I suggest, for all legal systems—like most throughout history—that are not structured around a modern, positivist conception of law and of the role of courts.

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Flatto, David C. "Constructing Justice: The Selective Use of Scripture in Formulating Early Jewish Accounts of the Courts." Harvard Theological Review 111, no. 4 (2018): 488–515. http://dx.doi.org/10.1017/s001781601800024x.

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AbstractElaborate depictions of the court system in Second Temple and rabbinic literature signify its centrality for the Jewish legal tradition. Rather than offering positivistic descriptions, these representations are better thought of as templates of how to organize justice. While historically less informative, they are vivid expressions of the early Jewish legal imagination and its fascinating fixation on the architecture of justice.A measure of the ahistoric quality of early accounts of judicial administration is their considerable exegetical strata. This article surveys how four seminal S

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Novick, Tzvi. "“Like an Expert Sharecropper”: Agricultural Halakhah and Agricultural Science in Rabbinic Palestine." AJS Review 38, no. 2 (2014): 303–20. http://dx.doi.org/10.1017/s0364009414000270.

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The formulation and application of rabbinic Halakhah often depends on the determination of facts that belong, to one degree or another, to the province of professional experts. The resulting structural tension is analogous to that posed by the prominence of the expert witness in the modern American court, or the active role of private industry in administrative law. This article examines the relationship in the classical rabbinic corpus from Palestine between rabbis and farmers, or between rabbinic and agricultural expertise. It considers whether agriculture would have been conceived of in thi

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Hashkes, Hannah. "God in Rabbinic Tradition: Human Reasoning and Divine Authority." Journal for the Study of Judaism 44, no. 2 (2013): 254–81. http://dx.doi.org/10.1163/15700631-12340378.

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Abstract In this paper I contend that rabbinic reasoning reflects a conceptual framework that is based upon a dual notion of divinity. The first notion is of a transcendent God, who created the world and is removed from it. The second is a notion of an immanent God who prescribes law and participates in the human activity of transmitting it. Here God functions as a “first among equals.” The transcendent notion lends rabbinic reasoning its truth value and absolute authority, while the immanent notion allows God’s commanding will to continue its role in prescribing communal life through history.

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Schwartz, Joshua. "Ben Stada and Peter in Lydda." Journal for the Study of Judaism 21, no. 1 (1990): 1–18. http://dx.doi.org/10.1163/157006390x00018.

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AbstractAn enigmatic Rabbinic tradition relates that a certain Ben Stada advocated some type of cult or religion outside the framework of normative Judaism, accordingly, he was entrapped by witnesses specifically planted for that purpose, apprehended, brought before a court and executed. These events took place, according to the Rabbis, in the Palestinian city of Lydda1).

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Saiman, Chaim. "Jesus' Legal Theory—A Rabbinic Reading." Journal of Law and Religion 23, no. 1 (2007): 97–130. http://dx.doi.org/10.1017/s0748081400002617.

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These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religio

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Zion-Waldoks, Tanya, and Pnina Motzafi-Haller. "“Whose House Is This?” Gendered (Dis)belongings, Homemaking, and Displacement in Israel’s Rabbinic Courts." Signs: Journal of Women in Culture and Society 44, no. 1 (2018): 177–203. http://dx.doi.org/10.1086/698282.

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Moshe, Mira. "Shaming 2.0. Social Interaction and the Construction of Shame and Shaming." Romanian Journal of Communication and Public Relations 22, no. 2 (2020): 7. http://dx.doi.org/10.21018/rjcpr.2020.2.297.

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With the rise and spread of the Web 2.0 culture the nature of “old”/“traditional” social interaction, including shame and shaming, is changing as more and more attention is given to online vs. offline social interactions. Amongst those on-going changes lies the construction of Shaming 2.0, i.e., a public attempt to impose shame on “the Other” by using Web 2.0 technological capabilities. Thus, Shaming 2.0 can be defined as a pragmatic social negotiation regarding the boundaries of what is allowed and forbidden, what is acceptable and unacceptable while performing on-line and off-line social int

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Kramp-Seidel, Nicola. "»Der Satan tanzt«: Rhetorische Strategien in der Responsa-Sammlung Ele Divre ha-Brit." Aschkenas 32, no. 1 (2022): 125–52. http://dx.doi.org/10.1515/asch-2022-0004.

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Abstract Respondents construct their answers by implanting a style, using tropes and patterns of argumentations. Thereby, they intend to emphasize the correctness of their answer and to stage their authority. Due to this fact it is worthwhile to examine responsa as literature – one of two trends in the Law-and-Literature-Movement. In this paper I want to analyse the collection of responsa called Ele Divre ha-Brit. This collection of 22 responsa was edited in 1819 by the Bet Din (rabbinical court) of Hamburg in order to condemn the new reforms in Hamburg implemented by the reformers. My goal is

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Kramp-Seidel, Nicola. "»Der Satan tanzt«: Rhetorische Strategien in der Responsa-Sammlung Ele Divre ha-Brit." Aschkenas 32, no. 1 (2022): 125–52. http://dx.doi.org/10.1515/asch-2022-0004.

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Abstract Respondents construct their answers by implanting a style, using tropes and patterns of argumentations. Thereby, they intend to emphasize the correctness of their answer and to stage their authority. Due to this fact it is worthwhile to examine responsa as literature – one of two trends in the Law-and-Literature-Movement. In this paper I want to analyse the collection of responsa called Ele Divre ha-Brit. This collection of 22 responsa was edited in 1819 by the Bet Din (rabbinical court) of Hamburg in order to condemn the new reforms in Hamburg implemented by the reformers. My goal is

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Kramp-Seidel, Nicola. "»Der Satan tanzt«: Rhetorische Strategien in der Responsa-Sammlung Ele Divre ha-Brit." Aschkenas 32, no. 1 (2022): 125–52. http://dx.doi.org/10.1515/asch-2022-0004.

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Abstract Respondents construct their answers by implanting a style, using tropes and patterns of argumentations. Thereby, they intend to emphasize the correctness of their answer and to stage their authority. Due to this fact it is worthwhile to examine responsa as literature – one of two trends in the Law-and-Literature-Movement. In this paper I want to analyse the collection of responsa called Ele Divre ha-Brit. This collection of 22 responsa was edited in 1819 by the Bet Din (rabbinical court) of Hamburg in order to condemn the new reforms in Hamburg implemented by the reformers. My goal is

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37

Herman, Shael. "Protocols of Justice: The Pinkas of the Metz Rabbinic Court, 1771–1789." Review of Rabbinic Judaism 20, no. 1 (2017): 89–110. http://dx.doi.org/10.1163/15700704-12341310.

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38

Daum, Robert A. ""Verbal Wronging":." Florilegium 23, no. 1 (2006): 173–99. http://dx.doi.org/10.3138/flor.23.011.

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In his analysis of an early rabbinic tradition prohibiting "verbal wronging," Robert Daum claims that this text condemns malicious, deceptive, and potentially damaging speech in both commercial and non-commercial contexts. Easily disguised or mistakenly assumed, this is a crime of conscience that human courts cannot adjudicate. Daum examines the mishnah's structure and content in light of textual parallels and historical contexts. He suggests that its later inclusion in the famous talmudic unit in which the foundational sages ban a senior colleague in a procedural dispute — a cautionary tale i

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Lavee, Moshe. "The ‘Tractate’ of Conversion—BT Yeb. 46‐48 and the Evolution of Conversion Procedure." European Journal of Jewish Studies 4, no. 2 (2010): 169–213. http://dx.doi.org/10.1163/102599911x573332.

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AbstractTractate Yebamoth of the Babylonian Talmud contains a long unit devoted to the procedure of conversion (Yeb 46a‐48b). Form analysis of the unit reveals its design as a ‘tractate within a tractate.’ The unit is a collection of discussions on baraitas. It follows various literary conventions, such as placing a full description of the procedure towards the end and concluding with haggadic material and a verse of comfort. A variety of methods are applied in order to identify the unique Babylonian tendencies documented in this unit. Synoptic comparison to tannaitic parallels demonstrates th

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Kleinman, Ron S. "The Halakhic Validity of Israel’s Judicial System among Israeli Ultra-Orthodox Halakhic Decisors." Review of Rabbinic Judaism 18, no. 2 (2015): 227–59. http://dx.doi.org/10.1163/15700704-12341286.

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This paper examines the approaches of three Israeli ultra-Orthodox halakhic decisors and rabbinical judges to civil law and adjudication in Israel. Based primarily on Israel’s building and condominium housing laws, it reveals that the approaches of these decisors appear largely to reflect their distinctive ideological and sociological stances towards Israeli civil law and its civil judicial system. Rabbis Israel Grossman and Shmuel Wosner confer halakhic validity on construction that is in violation of civil law, justifying it on the need to enlarge flats due to large family size and crowded c

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Schwartz, Daniel R. "Rabbinic Law between Biblical Logic and Biblical Text: The Pitfalls of Exodus 21:33–34." Harvard Theological Review 107, no. 3 (2014): 314–39. http://dx.doi.org/10.1017/s0017816014000303.

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When the justices of the U.S. Supreme Court conclude that some law, or some decision of a lower court, violates the U.S. Constitution, no great difficulties of principle or sentiment need accompany their decision to abrogate the opinions of the earlier legislators or judges. The justices, and others, are expected to understand their decision either as correcting a mistake that had been introduced by fallible people who, with intentions good or bad, or unintentionally, had violated the system's basic rulebook, or as reflecting the fact that since the time those legislators or judges made their

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Schedrin, Vassili. "The Russian Jewish Question, Asked and Answered." Wrocławski Przegląd Teologiczny 26, no. 1 (2018): 73–84. https://doi.org/10.52097/wpt.2030.

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In the first half of the nineteenth century, Russian authorities had very limited knowledge of their Jewish subjects. The government relied more on its enlightened perceptions of the Jews and Judaism than on empirical observation. This situation changed radically in the 1860s, when at the onset of the Great Reforms era the government sought full and veritable information about all imperial subjects, including Jews, to facilitate the efficient policymaking by framing and answering Russian Jewish question. As a result, Russian language studies – written by Jews, Russian Christians, and Jewish co

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Fram, Edward. "The Use of Codified Law in the Rabbinic Courts of Frankfurt am Main on the Eve of the Enlightenment." Jewish History 31, no. 1-2 (2017): 129–47. http://dx.doi.org/10.1007/s10835-017-9277-x.

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Batten, Alicia J. "Courtroom Theatrics in the Letter of James." Journal of Biblical Literature 143, no. 4 (2024): 697–715. https://doi.org/10.15699/jbl.1434.2024.8.

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Abstract Since the eighteenth century, interpreters of the Letter of James have pointed to a judicial assembly as the envisaged background for Jas 2:1–7. In particular, commentators have identified rabbinic examples as parallels for the type of setting that the letter describes. However, one can also consider Jas 2:1–7 in light of the theatricality of the Roman courtroom. Theatrics figured centrally in Roman social and political life. In Roman juridical contexts visual effects such as gestures and dress functioned importantly for the outcome of a trial. In this study I consider Jas 2:1–7 in co

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Goren, Ahuvia. "“I Too Speak the Words of God”: A Jewish Learned Woman Faces an Early Modern Rabbinic Court." Jewish Quarterly Review 115, no. 2 (2025): 233–66. https://doi.org/10.1353/jqr.2025.a959929.

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Abstract: This essay delves into a collection of previously overlooked seventeenth-century Hebrew letters from Italy, exchanged between Rica (Rivkah) Clava (Katzigin), a Jewish woman, and her husband, Shlomo Yo@hanan, addressed to Rabbi Yosef Ravenna of Alessandria. These letters document a financial dispute between the couple, revealing diverse interpretations of business documents and halakhic sources, alongside instances of spousal mockery and marital tension. They provide a rare case of confident articulation of halakhic matters by an educated Jewish Italian woman communicating in Hebrew.

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Wilfand, Yael. "The Rabbinic Ban on Childless Judges Serving on the Sanhedrin: Fatherhood, Cruelty, lineage, and Roman Law." AJS Review: The Journal of the Association for Jewish Studies 48, no. 2 (2024): 360–89. https://doi.org/10.1353/ajs.2024.a946701.

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Abstract: Tannaitic sources ban childless elders from serving on a court that deliberates on capital cases or issues halakhic rulings. Medieval and later commentators linked this criterion to compassion, claiming that men who lack offspring are typically cruel and therefore unfit for these roles. This explanation has been widely accepted by modern scholars. In this article, I challenge the assumptions that tannaitic sources perceive of individuals without children as callous, and that these texts imply that caring for a child fosters greater mercy for strangers. Rather, I show that this ban or

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Blau, Michal, and Uri Zur. "Shaping the Dialogue in the Talmudic Story of an Anonymous Woman’s Arguments for Bearing Children versus the Legal Halakhic Law and the Context of the Story." Religions 14, no. 1 (2023): 128. http://dx.doi.org/10.3390/rel14010128.

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This article explores a story taken from the Talmud Bavli (Yevamot 65b) which describes a dialogue between the arguments raised by an anonymous woman and a rabbinical judge, R. Ammi, with regard to her demand for a divorce and for receipt of the payment for her prenuptial agreement. The article examines aspects relating to the design of the Talmudic story, which belongs to the genre of halakhic stories containing an argument, the law, and its explanation, i.e., elements that are not always explicitly stated in the Talmudic text. The article also examines the point of encounter between the plea

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Muir, Simo. "Rumkowski’s Scapegoat? The Case of Łódź Ghetto Functionary Maks Szczęśliwy at a Rabbinic/Honor Court in Helsinki, 1949–1953." Holocaust and Genocide Studies 35, no. 2 (2021): 185–210. http://dx.doi.org/10.1093/hgs/dcab035.

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Afterman, Adam. "The Mystical Dynamics of the Holy Spirit in Moses Nahmanides' Writings." Jewish Quarterly Review 113, no. 4 (2023): 639–68. http://dx.doi.org/10.1353/jqr.2023.a913348.

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Abstract: This essay explores Nahmanides' teachings concerning the holy spirit. It demonstrates that he elevated the holy spirit to the highest possible gradation in the godhead—conceived as the divine essence that flows through the various gradations of the godhead and into the perfected individual, inducing a variety of revelations: subprophetic, prophetic, and eschatological. The holy spirit in Nahmanides' thought is the driving force behind his conceptualization of the godhead, the community of Israel and its leadership, and the individual Jew—throughout their various phases of self-actual

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Rubenstein, Jeffrey L. "King Herod in Ardashir's Court: The Rabbinic Story of Herod (B. Bava Batra 3b–4a) in Light of Persian Sources." AJS Review 38, no. 2 (2014): 249–74. http://dx.doi.org/10.1017/s0364009414000257.

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The Bavli's story of Herod's rise to power, murder of the Hasmonean family and of the rabbis, encounter with Bava b. Buta, and construction of the temple, found at Bava Batra 3b-4a, has long puzzled scholars. Many aspects of this story diverge from Josephus's account, our main source for historical knowledge of Herod's life and deeds. This paper argues that the storyteller has been influenced by Persian sources from the Sasanian period. Important elements of the Bavli story were modeled on the account of the rise of Ardashir, founder of the Sasanian dynasty, as recounted in a Sasanian text kno

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