Pub Date : 2019-12-31DOI: 10.1515/9781618118462-006
{"title":"V. Mishna Berura’s Jurisprudence","authors":"","doi":"10.1515/9781618118462-006","DOIUrl":"https://doi.org/10.1515/9781618118462-006","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123889305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-002
D to its exilic development since the beginning of the Common Era, Jewish law1 lacks a clear method for resolving disputes. Talmudic, medieval, and contemporary debates linger, since direct, categorical rules of resolution, such as majority votes of the Supreme Court in the United States or Papal pronouncements in canon law, do not exist. The exact reason for this is beyond the scope of this introduction, yet some methodological explanation will allow the reader to have a better understanding of the relationship of the modern classical work of Jewish law, the Mishna Berura,2 to other jurisprudential approaches to obedience to Jewish law. Until about two thousand years ago, the Jewish community had a “supreme court” called the Sanhedrin,3 a (parliamentary) joint legislative and judicial assembly that resolved disputes in matters of Jewish law by majority vote.4 Following the destruction
{"title":"I. General Methodology of Codification of Jewish Law","authors":"","doi":"10.1515/9781618118462-002","DOIUrl":"https://doi.org/10.1515/9781618118462-002","url":null,"abstract":"D to its exilic development since the beginning of the Common Era, Jewish law1 lacks a clear method for resolving disputes. Talmudic, medieval, and contemporary debates linger, since direct, categorical rules of resolution, such as majority votes of the Supreme Court in the United States or Papal pronouncements in canon law, do not exist. The exact reason for this is beyond the scope of this introduction, yet some methodological explanation will allow the reader to have a better understanding of the relationship of the modern classical work of Jewish law, the Mishna Berura,2 to other jurisprudential approaches to obedience to Jewish law. Until about two thousand years ago, the Jewish community had a “supreme court” called the Sanhedrin,3 a (parliamentary) joint legislative and judicial assembly that resolved disputes in matters of Jewish law by majority vote.4 Following the destruction","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128114066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-005
{"title":"IV. Mishna Berura’s Philosophy of Jewish Law","authors":"","doi":"10.1515/9781618118462-005","DOIUrl":"https://doi.org/10.1515/9781618118462-005","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126083998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-004
Mishna Berura, Yisrael Meir Kagan
L is known about the early life and influences of the Hafetz Hayyim, Rabbi Yisrael Meir Kagan, and how he came to be commonly viewed as both a leader of the Jewish community in Eastern Europe and the most significant halakhic authority of the first half of the twentieth century.1 These accolades are above and beyond his otherwise well-known reputation as a pious and righteous man about whom legendary stories are told—he seems to have lived the life of a truly ethical and upright human being. From the vast and varied literature that he penned, however, one can catch a glimpse of who he was and how he perceived the world around him, and his perception would lead him to become one of the greatest sages of late nineteenthand early twentieth-century Ashkenazic Jewry.
L了解Hafetz Hayyim拉比Yisrael Meir Kagan的早期生活和影响，以及他如何被普遍视为东欧犹太社区的领袖和20世纪上半叶最重要的哈拉基权威这些荣誉超越了他作为一个虔诚和正义的人的名声，他的传奇故事被讲述-他似乎过着真正有道德和正直的人的生活。然而，从他所写的大量多样的文学作品中，人们可以一瞥他是谁，以及他是如何感知周围世界的，而他的感知将使他成为19世纪末和20世纪初德系犹太人最伟大的圣人之一。
{"title":"III. Introduction to Rabbi Israel Meir Kagan and the Mishna Berura","authors":"Mishna Berura, Yisrael Meir Kagan","doi":"10.1515/9781618118462-004","DOIUrl":"https://doi.org/10.1515/9781618118462-004","url":null,"abstract":"L is known about the early life and influences of the Hafetz Hayyim, Rabbi Yisrael Meir Kagan, and how he came to be commonly viewed as both a leader of the Jewish community in Eastern Europe and the most significant halakhic authority of the first half of the twentieth century.1 These accolades are above and beyond his otherwise well-known reputation as a pious and righteous man about whom legendary stories are told—he seems to have lived the life of a truly ethical and upright human being. From the vast and varied literature that he penned, however, one can catch a glimpse of who he was and how he perceived the world around him, and his perception would lead him to become one of the greatest sages of late nineteenthand early twentieth-century Ashkenazic Jewry.","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121927086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-fm
{"title":"Frontmatter","authors":"","doi":"10.1515/9781618118462-fm","DOIUrl":"https://doi.org/10.1515/9781618118462-fm","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116985654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-001
{"title":"Acknowledgments","authors":"","doi":"10.1515/9781618118462-001","DOIUrl":"https://doi.org/10.1515/9781618118462-001","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125874809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-014
{"title":"Juridical Strategy","authors":"","doi":"10.1515/9781618118462-014","DOIUrl":"https://doi.org/10.1515/9781618118462-014","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"318 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122703293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1007/978-90-6704-469-1_5
P. Polański
{"title":"The Role of Custom","authors":"P. Polański","doi":"10.1007/978-90-6704-469-1_5","DOIUrl":"https://doi.org/10.1007/978-90-6704-469-1_5","url":null,"abstract":"","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121136576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-010
S. Fishbane
Simcha Fishbane’s The Method and Meaning of the “Mishnah Berurah” In his book The Method and Meaning of the “Mishnah Berurah,” Simcha Fishbane has provided an alternative view of the halakhic methodology of the Mishna Berura. He states that the Mishna Berura will seem to rule leniently in order to implicitly convey the message that it is not difficult to remain observant in order to prevent people from joining liberal movements in Judaism, yet in reality it is predominantly strict in its adjudication.1 He writes as follows:
{"title":"IX. Alternative Views of the Mishna Berura’s Methodology","authors":"S. Fishbane","doi":"10.1515/9781618118462-010","DOIUrl":"https://doi.org/10.1515/9781618118462-010","url":null,"abstract":"Simcha Fishbane’s The Method and Meaning of the “Mishnah Berurah” In his book The Method and Meaning of the “Mishnah Berurah,” Simcha Fishbane has provided an alternative view of the halakhic methodology of the Mishna Berura. He states that the Mishna Berura will seem to rule leniently in order to implicitly convey the message that it is not difficult to remain observant in order to prevent people from joining liberal movements in Judaism, yet in reality it is predominantly strict in its adjudication.1 He writes as follows:","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124042308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1515/9781618118462-008
W a cursory look, it may seem that the Mishna Berura uses particular terms simply as rabbinic expressions without any methodology behind their usage. However, upon examination, it becomes clear that its use of different terms has jurisprudential importance, as they signify its opinion regarding the legal merit of particular positions vis-à-vis their alternatives. For example, the Mishna Berura reveals a different attitude toward given positions when it uses the term Yireh Shamayim (One who fears Heaven), Ba’al Nefesh (A Spiritual Person), Tavo Alav Berakha (Will come to blessing), HaMedakdakim (The Scrupulous), or Machmir al Atzmo (Stringent upon Oneself). Yireh Shamayim: When the Mishna Berura writes that one who fears Heaven should be careful to act stringently even though a prevalent practice is more lenient, it means that the lenient practice is here considered legitimate. The Mishna Berura’s advice to people who fear Heaven that they should be more stringent is based upon a desire for a person to act in accordance with as many opinions as possible. When other poskim use the term “one who fears Heaven,” the Mishna Berura interprets their use of the term in the same way as its own use.
{"title":"VII. The Mishna Berura’s Use of Key Terms","authors":"","doi":"10.1515/9781618118462-008","DOIUrl":"https://doi.org/10.1515/9781618118462-008","url":null,"abstract":"W a cursory look, it may seem that the Mishna Berura uses particular terms simply as rabbinic expressions without any methodology behind their usage. However, upon examination, it becomes clear that its use of different terms has jurisprudential importance, as they signify its opinion regarding the legal merit of particular positions vis-à-vis their alternatives. For example, the Mishna Berura reveals a different attitude toward given positions when it uses the term Yireh Shamayim (One who fears Heaven), Ba’al Nefesh (A Spiritual Person), Tavo Alav Berakha (Will come to blessing), HaMedakdakim (The Scrupulous), or Machmir al Atzmo (Stringent upon Oneself). Yireh Shamayim: When the Mishna Berura writes that one who fears Heaven should be careful to act stringently even though a prevalent practice is more lenient, it means that the lenient practice is here considered legitimate. The Mishna Berura’s advice to people who fear Heaven that they should be more stringent is based upon a desire for a person to act in accordance with as many opinions as possible. When other poskim use the term “one who fears Heaven,” the Mishna Berura interprets their use of the term in the same way as its own use.","PeriodicalId":272599,"journal":{"name":"The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128706679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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