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Typically translated as “Jewish law,” halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just “law” but an entire way of thinking, being, and knowing.

Jewish law --- 296*24 --- Biblical law --- Civil law (Jewish law) --- Halacha --- Halakha --- Halakhah --- Hebrew law --- Jews --- Law, Hebrew --- Law, Jewish --- Law, Mosaic --- Law in the Bible --- Mosaic law --- Torah law --- Law, Semitic --- Commandments (Judaism) --- 296*24 Halacha --- Law --- Political philosophy. Social philosophy --- Jewish religion --- Legal theory and methods. Philosophy of law

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One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker’s personal preferences, and so we demand that legal methodologies to be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core principles of halakhic decision-making that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

Jewish law --- Codification. --- Interpretation and construction. --- Epstein, Jehiel Michael ben Aaron Isaac, --- Arukh HaShulhan. --- Custom. --- Halakhic Rules. --- Jewish Law. --- Judaism. --- Legal Models. --- Legal Opinions. --- Maimonides. --- Methodology. --- Mishnah Berurah. --- Mysticism. --- Orach Chayim. --- Pragmatism. --- Rabbi Yechiel Mikhel Epstein. --- Rabbinics. --- Resolution. --- Sabbath observance. --- Superogatory Religious Conduct. --- Talmud. --- Temporal Rationalization. --- biblical text. --- festival celebrations. --- halakha. --- legal principles. --- minhag. --- piety. --- prayer. --- tradition.

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Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions. --

Jewish law --- Authority --- Law, Ancient --- 221.08*2 --- 221.08*2 Theologie van het Oude Testament: moraal; ethica; juridica Israelis; vroomheid --- Theologie van het Oude Testament: moraal; ethica; juridica Israelis; vroomheid --- Ancient law --- Authority (Religion) --- Biblical law --- Civil law (Jewish law) --- Halacha --- Halakha --- Halakhah --- Hebrew law --- Jews --- Law, Hebrew --- Law, Jewish --- Law, Mosaic --- Law in the Bible --- Mosaic law --- Torah law --- Law, Semitic --- Commandments (Judaism) --- Religious aspects --- Law --- Bible. --- Antico Testamento --- Hebrew Bible --- Hebrew Scriptures --- Kitve-ḳodesh --- Miḳra --- Old Testament --- Palaia Diathēkē --- Pentateuch, Prophets, and Hagiographa --- Sean-Tiomna --- Stary Testament --- Tanakh --- Tawrāt --- Torah, Neviʼim, Ketuvim --- Torah, Neviʼim u-Khetuvim --- Velho Testamento --- Criticism, interpretation, etc.