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Damages (Jewish Law)
In Jewish law, damages (Hebrew: ) covers a range of jurisprudential topics that roughly correspond in secular law to torts. Jewish law on damages is grounded partly on the Written Torah, the Hebrew Bible, and partly on the Oral Torah, centered primarily in the Mishnaic Order of ''Nezikin''. Since at least of the time of the Mishnah, Rabbinic culture developed and interpreted the laws of damages through communal courts, judges, and enforcement. While Jewish communities exercised relatively little authority over criminal law in the diaspora, quasi-autonomous communal oversight of damages (tort law) continued to be extensive until the modern era. Jews continue to this day to voluntarily submit themselves to adjudication of damages disputes by rabbinic judges and courts (beit din). This practice is more prevalent today in communities that profess Orthodox Judaism. In addition, aspects of rabbinic law have been absorbed into tort law in Israel. Damages include any wrongful act, neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Jewish Encyclopedia
''The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day'' is an English-language encyclopedia containing over 15,000 articles on the history, culture, and state of Judaism up to the early 20th century. The encyclopedia's managing editor was Isidore Singer and the editorial board was chaired by Isaac K. Funk and Frank H. Vizetelly. The work's scholarship is still highly regarded. The American Jewish Archives deemed it "the most monumental Jewish scientific work of modern times", and Rabbi Joshua L. Segal said "for events prior to 1900, it is considered to offer a level of scholarship superior to either of the more recent Jewish encyclopedias written in English." It was originally published in 12 volumes between 1901 and 1906 by Funk & Wagnalls of New York, and reprinted in the 1960s by KTAV Publishing House. It is now in the public domain. History Concept ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accident
An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researchers who study unintentional injury avoid using the term ''accident'' and focus on factors that increase risk of severe injury and that reduce injury incidence and severity. For example, when a tree falls down during a wind storm, its fall may not have been caused by humans, but the tree's type, size, health, location, or improper maintenance may have contributed to the result. Most car wrecks are not true accidents; however English speakers started using that word in the mid-20th century as a result of media manipulation by the US automobile industry. Types Physical and non-physical Physical examples of accidents include unintended motor vehicle collisions, falls, being injured by touching something sharp or hot, or bumping into someth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoshen Mishpat
Choshen Mishpat is the Hebrew for "Breastplate of Judgement". The term is associated with one of the four sections of Rabbi Jacob ben Asher's compilation of halakha (Jewish law), Arba'ah Turim. This section treats aspects of Jewish law pertinent to finance, torts, legal procedure and loans and interest in Judaism. Later, Rabbi Yosef Karo modeled the framework of his own compilation of practical Jewish law, the Shulkhan Arukh, after the ''Arba'ah Turim.'' Many later commentators used this framework as well. Thus, ''Choshen Mishpat'' in common usage may refer to an area of halakha, non-specific to Rabbi Jacob ben Asher's compilation. See also The other three sections of Arba'ah Turim and other works borrowing its organizational scheme are: *Orach Chayim *Yoreh De'ah *Even HaEzer Further reading * Quint, Emanuel, 1990–2007, "A Restatement of Rabbinic Civil Law - 11 Vol. Set", Gefen Publishing House. Rabbinic legal texts and responsa Hebrew-language religious books Hebrew word ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shulchan Aruch
The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in Israel) by Joseph Karo in 1563 and published in Venice two years later. Together with its commentaries, it is the most widely accepted compilation of Jewish law ever written. The ''halachic'' rulings in the ''Shulchan Aruch'' generally follow Sephardic law and customs, whereas Ashkenazi Jews generally follow the halachic rulings of Moses Isserles, whose glosses to the ''Shulchan Aruch'' note where the Sephardic and Ashkenazi customs differ. These glosses are widely referred to as the ''mappah'' (literally: the "tablecloth") to the ''Shulchan Aruch's'' "Set Table". Almost all published editions of the ''Shulchan Aruch'' include this gloss, and the term "Shulchan Aruch" has come to denote ''both'' Karo's work as well as Isserles', with Karo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halakhah
''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 (''Haska ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geonic Period
''Geonim'' ( he, גאונים; ; also Romanization of Hebrew, transliterated Gaonim, singular Gaon) were the presidents of the two great Talmudic Academies in Babylonia, Babylonian Talmudic Academies of Sura Academy , Sura and Pumbedita Academy , Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of the Jewish community worldwide in the early medieval era, in contrast to the ''Resh Galuta'' (exilarch) who wielded secular authority over the Jews in Islamic lands. ''Geonim'' is the plural of (''Gaon) , which means "pride" or "splendor" in Biblical Hebrew and since the 19th century "genius" as in modern Hebrew language, Hebrew. As a title of a Babylonian college president it meant something like "His Excellency". The ''Geonim'' played a prominent and decisive role in the transmission and teaching of Torah and Halakha, Jewish law. They taught Talmud and decided on issues on which no ruling had been rendered during the period of the Talmud. The Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sanhedrin
The Sanhedrin (Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , ''synedrion'', 'sitting together,' hence 'assembly' or 'council') was an assembly of either 23 or 71 elders (known as "rabbis" after the destruction of the Second Temple), appointed to sit as a tribunal in every city in the ancient Land of Israel. There were two classes of Rabbinite Jewish courts which were called Sanhedrin, the Great Sanhedrin and the Lesser Sanhedrin. A lesser Sanhedrin of 23 judges was appointed to sit as a tribunal in each city, but there was only supposed to be one Great Sanhedrin of 71 judges, which among other roles acted as the Supreme Court, taking appeals from cases which were decided by lesser courts. In general usage, ''the Sanhedrin'' without qualifier normally refers to the Great Sanhedrin, which was presided over by the ''Nasi'', who functioned as its head or representing president, and was a member of the court; the ''Av Beit Din'' or the chief of the court, who was second to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bava Metzia
Bava Metzia (Talmudic Aramaic: בָּבָא מְצִיעָא, "The Middle Gate") is the second of the first three Talmudic tractates in the order of Nezikin ("Damages"), the other two being Bava Kamma and Bava Batra. Originally all three formed a single tractate called ''Nezikin'' (torts or injuries), each ''Bava'' being a Part or subdivision. Bava Metzia discusses civil matters such as property law and usury. It also examines one's obligations to guard lost property that have been found, or property explicitly entrusted to him. Mishnah The Mishnah of Bava Metzia contains ten chapters. Honorary trustee (''Shomer Hinam''), chapters 1-3 An honorary trustee is one who finds lost property. He has to keep it as '' shomer hinam'' (watching over another's property without receiving any remuneration) until he can restore it to the rightful owner (). The laws as to what constitutes finding, what to do with the things found, how to guard against false claimants, how to take care of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewish cultural life and was foundational to "all Jewish thought and aspirations", serving also as "the guide for the daily life" of Jews. The term ''Talmud'' normally refers to the collection of writings named specifically the Babylonian Talmud (), although there is also an earlier collection known as the Jerusalem Talmud (). It may also traditionally be called (), a Hebrew abbreviation of , or the "six orders" of the Mishnah. The Talmud has two components: the Mishnah (, 200 CE), a written compendium of the Oral Torah; and the Gemara (, 500 CE), an elucidation of the Mishnah and related Tannaitic writings that often ventures onto other subjects and expounds broadly on the Hebrew Bible. The term "Talmud" may refer to eith ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bava Kamma
Bava Kamma ( tmr, בָּבָא קַמָּא, translit=Bāḇā Qammā, translation=The First Gate) is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The other two of these tractates are Bava Metzia ('The Middle Gate') and Bava Batra ('The Last Gate'): originally all three formed a single tractate called ''Nezikin'', each "Bava" meaning "part" or "subdivision." Bava Kamma discusses various forms of damage and the compensation owed for them. Biblical laws dealing with the cases discussed in Bava Kamma are contained in the following passages: , and . The principle that underlies the legislation in this respect is expressed by the sentence, "He that kindled the fire shall surely make restitution". Bava Kamma consists of ten chapters which may be grouped as follows: damage caused without criminality (chaps. 1-6); damage caused by a criminal act (chaps. 7-10). Mishna Damage caused without crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Religious Law
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law), Jewish ''halakha'', Islamic '' sharia'', and Hindu law. Established religions and religi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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