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De'oraita And Derabanan
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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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 ref ...
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Osher Weiss
Osher (Usher, Asher) Zelig Weiss (Hebrew: אשר וייס; born March 25, 1953) is a posek, the current rosh kollel of Machon Minchas Osher L’Torah V’Horaah and author of the Minchas Osher. He grew up in a Klausenberger family in Borough Park, Brooklyn. Biography Rav Asher was born in the United States to Moshe Weiss, a Holocaust survivor and real estate agent. He studied at Sanz institutions in the United States. In 1956 the family immigrated to Israel on Aliyah and lived in Kiryat Sanz in Netanya. He studied at institutions there and was close to the Admor Rav Yekusiel Yehudah Halberstam. In 2005, he founded Yeshivat Darchei Torah and has headed it ever since. In its early years, Rabbi Baruch Dov Povarsky, head of the Ponevezh Yeshiva, also served alongside him. Rav Asher is known as one of the leading Torah personalities of the generation, impacting thousands around the world through his shiurim, halachic responsa and leadership. His teshuvos and insight are a guiding ...
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Jewish Law Principles
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The people of the Kingdom of Israel and the ethnic and religious group known as the Jewish people that descended from them have been subjected to a number of forced migrations in their history" and Hebrews of historical Israel and Judah. Jewish ethnicity, nationhood, and religion are strongly interrelated, "Historically, the religious and ethnic dimensions of Jewish identity have been closely interwoven. In fact, so closely bound are they, that the traditional Jewish lexicon hardly distinguishes between the two concepts. Jewish religious practice, by definition, was observed exclusively by the Jewish people, and notions of Jewish peoplehood, nation, and community were suffused with faith in the Jewish God, the practice of Jewish (religious) la ...
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Aramaic Words And Phrases
The Aramaic languages, short Aramaic ( syc, ܐܪܡܝܐ, Arāmāyā; oar, 𐤀𐤓𐤌𐤉𐤀; arc, 𐡀𐡓𐡌𐡉𐡀; tmr, אֲרָמִית), are a language family containing many varieties (languages and dialects) that originated in the ancient region of Syria. For over three thousand years, It is a sub-group of the Semitic languages. Aramaic varieties served as a language of public life and administration of ancient kingdoms and empires and also as a language of divine worship and religious study. Several modern varieties, namely the Neo-Aramaic languages, are still spoken in the present-day. The Aramaic languages belong to the Northwest group of the Semitic language family, which also includes the Canaanite languages such as Hebrew, Edomite, Moabite, and Phoenician, as well as Amorite and Ugaritic. Aramaic languages are written in the Aramaic alphabet, a descendant of the Phoenician alphabet, and the most prominent alphabet variant is the Syriac alphabet. The ...
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Talmudical Hermeneutics
Talmudical hermeneutics (Hebrew: מידות שהתורה נדרשת בהן) defines the rules and methods for investigation and exact determination of meaning of the scriptures in the Hebrew Bible, within the framework of Rabbinic Judaism. This includes, among others, the rules by which the requirements of the Oral Law and the Halakha are derived from and established by the written law. These rules relate to: * grammar and exegesis * the interpretation of certain words and letters and apparently superfluous and/or missing words or letters, and prefixes and suffixes * the interpretation of those letters which, in certain words, are provided with points * the interpretation of the letters in a word according to their numerical value (see Gematria) * the interpretation of a word by dividing it into two or more words (see Notarikon) * the interpretation of a word according to its consonantal form or according to its vocalization * the interpretation of a word by transposing its letter ...
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Takkanah
A ''takkanah'' (plural ''takkanot'') is a major legislative enactment within ''halakha'' (Jewish law), the normative system of Judaism's laws. A ''takkanah'' is an enactment which revises an ordinance that no longer satisfies the requirements of the times or circumstances, or which, being deduced from a biblical passage, may be regarded as new. It is, therefore, the antithesis of the ''gezerah''. The term is applied also to the institution provided for in the enactment. ''Takkanot'' were enacted even in the time of the Second Temple, those of unknown origin being ascribed to earlier leaders, and they have been promulgated at all subsequent periods of Jewish history. Introduction Classical Jewish law granted rabbinic sages wide legislative powers. There are two powerful legal tools within the halakhic system: * ''Gezeirah'': "preventive legislation" of the classical rabbis, intended to prevent violations of the commandments * ''Takkanah'': "positive legislation", practices institu ...
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Mitzvah
In its primary meaning, the Hebrew word (; he, מִצְוָה, ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment commanded by God to be performed as a religious duty. Jewish law () in large part consists of discussion of these commandments. According to religious tradition, there are 613 such commandments. In its secondary meaning, the word ''mitzvah'' refers to a deed performed in order to fulfill such a commandment. As such, the term ''mitzvah'' has also come to express an individual act of human kindness in keeping with the law. The expression includes a sense of heartfelt sentiment beyond mere legal duty, as "you shall love your neighbor as yourself" (Leviticus 19:18). The opinions of the Talmudic rabbis are divided between those who seek the purpose of the ''mitzvot'' and those who do not question them. The latter argue that if the reason for each ''mitzvah'' could be determined, people might try to achieve what they see as the purpose of th ...
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Poskim
In Jewish law, a ''Posek'' ( he, פוסק , pl. ''poskim'', ) is a legal scholar who determines the position of ''halakha'', the Jewish religious laws derived from the written and Oral Torah in cases of Jewish law where previous authorities are inconclusive, or in those situations where no clear ''halakhic'' precedent exists. The decision of a posek is known as a ''psak halakha'' ("ruling of law"; pl. ''piskei halakha'') or simply a "psak". ''Piskei halakha'' are generally recorded in the responsa literature. Orthodox Judaism Poskim play an integral role in Orthodox Judaism. * Generally, each community will regard one of its ''poskim'' as its ''Posek HaDor'' ("Posek of the present Generation"). * Most rely on the rav in their community (in Hasidic communities, sometimes the rebbe) or the leading posek. Poskim will generally not overrule a specific law unless based on an earlier authority: a posek will generally extend a law to new situations but will not ''change'' the H ...
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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 Kar ...
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Chullin
Hullin or Chullin (lit. "Ordinary" or "Mundane") is the third tractate of the Mishnah in the Order of Kodashim and deals with the laws of ritual slaughter of animals and birds for meat in ordinary or non-consecrated use (as opposed to sacred use), and with the Jewish dietary laws in general, such as the laws governing the prohibition of mixing of meat (''fleishig'') and dairy (''milchig'') products. While it is included in the Seder Kodashim, it mainly discusses non-consecrated things and things used as the ordinary human food, particularly meats; it is therefore sometimes called "Shehitat Hullin" ("Slaughtering of Non-Consecrated Animals"). It comprises twelve chapters, dealing with the laws for the slaughtering of animals and birds for meat for ordinary as opposed to sacred use, with other rules relating to the eating of meat, and with the dietary laws in general. The rules prescribed for kosher slaughtering, known as Shechita, include five things which must be avoided: there ...
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Berakhot (Talmud)
Berakhot ( he, בְּרָכוֹת, Brakhot, lit. "Blessings") is the first tractate of ''Seder Zeraim'' ("Order of Seeds") of the Mishnah and of the Talmud. The tractate discusses the rules of prayers, particularly the Shema and the Amidah, and blessings for various circumstances. Since a large part of the tractate is concerned with the many ''berakhot'' ( en, blessings), all comprising the formal liturgical element beginning with words "Blessed are you, Lord our God….", it is named for the initial word of these special form of prayer. ''Berakhot'' is the only tractate in ''Seder Zeraim'' to have Gemara – rabbinical analysis of and commentary on the Mishnah – in the Babylonian Talmud. There is however Jerusalem Talmud on all the tractates in ''Seder Zeraim''. There is also a Tosefta for this tractate. The Jewish religious laws detailed in this tractate have shaped the liturgies of all the Jewish communities since the later Talmudic period and continue to be observ ...
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Babylonian 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 ei ...
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