Chazakah
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Chazakah
In Jewish law, a chazakah (Hebrew חזקה, "presumption") is a legal presumption; it establishes burden of proof. There exist many such presumptions, for example regarding the ownership of property, a person's personal status (e.g. whether they are a kohen or Levite), and presumptions about human behavior. Etymology The Hebrew word is a noun form of the verb , meaning (in this context) "take possession". Overview The conceptional terminology is "default status", "agreed properties" or status quo of an object, land or person − usually when sufficient proof is missing or unavailable. The concept is relevant to many aspects of Talmudic law and Halakha. There are various ways how something can get the certain state of chazakah: # The previous known state, which may include but is not restricted to: ## In a disputed ownership of articles, they would be left in the hands which holds them. ## By disputed ownership of land, it would be left in the hands of the last certain owne ...
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List Of Talmudic Principles
The Talmud uses many types of logical arguments. Some of the most common arguments and terms are discussed here. Chazakah (presumption) The term ''chazakah'' ( he, חזקה) usually refers to the default assumption; i.e. what is assumed until there is evidence to the contrary. For example, if one is known to have owned real estate, it is assumed that he still owns it until proven otherwise. However, with movable items, the ''chazakah'' lies with whoever currently has the item in his possession, not with the one who had previously owned it. This principle also applies in ritual law. For example: Food known to be kosher maintains its status until there is evidence to the contrary. Also, one who engages in acts done only by Kohanim is assumed to be a kohen himself, until proven otherwise (see Presumption of priestly descent). De'oraita and derabanan A law is ''de'oraita'' (Aramaic: דאורייתא, "of the Torah," i.e. scriptural) if it was given with the written Torah. A law i ...
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Mishneh Torah
The ''Mishneh Torah'' ( he, מִשְׁנֵה תּוֹרָה, , repetition of the Torah), also known as ''Sefer Yad ha-Hazaka'' ( he, ספר יד החזקה, , book of the strong hand, label=none), is a code of Rabbinic Jewish religious law (''halakha'') authored by Maimonides (Rabbi Moshe ben Maimon/Rambam). The ''Mishneh Torah'' was compiled between 1170 and 1180 CE (4930 and 4940 AM), while Maimonides was living in Egypt, and is regarded as Maimonides' ''magnum opus''. Accordingly, later sources simply refer to the work as "''Maimon''", "''Maimonides''", or "''RaMBaM''", although Maimonides composed other works. ''Mishneh Torah'' consists of fourteen books, subdivided into sections, chapters, and paragraphs. It is the only Medieval-era work that details all of Jewish observance, including those laws that are only applicable when the Temple in Jerusalem is in existence, and remains an important work in Judaism. Its title is an appellation originally used for the Biblical boo ...
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Halacha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandments ('' mitzvot''), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch''. ''Halakha'' is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the root which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life. Historically, in the Jewish diaspora, ''halakha'' served many Jewish communities as an enforceable avenue of law – both civil and religious, since no differentiation of them exists in classical Judaism. Since the Jewish Enlightenment (''Hask ...
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Yonah Gerondi
Rabbi Jonah ben Abraham Gerondi ( he, יוֹנָה בֶּן־אַבְרָהָם גִירוֹנְדִי ''Yōnāh bēn-ʾAvrāhām Gīrōndī'', "Jonah son of Abraham the Gironan"; died 1264), also known as Jonah of Girona and Rabbeinu Yonah (), was a Catalan rabbi and moralist, cousin of Nahmanides. He is most famous for his ethical work ''The Gates of Repentance'' ( he, שערי תשובה). Biography Much of what is known about his life comes from a responsum by Solomon ben Simon Duran, one of his descendants. Jonah Gerondi came from Girona, in Catalonia (present-day Spain). He was the most prominent pupil of Solomon ben Abraham of Montpellier, the leader of the opponents of Maimonides' philosophical works, and was one of the signers of the ban proclaimed in 1233 against ''The Guide for the Perplexed'' and the ''Sefer ha-Madda''. According to his pupil, Hillel ben Samuel, Gerondi was the instigator of the public burning of Maimonides' writings by order of the autho ...
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