Invalidity Of Gentile Courts
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Invalidity Of Gentile Courts
Invalidity of gentile courts (he:ערכאות של גויים) is a Talmudic rule regarding gentile courts in Judaism. The rule states that gentile courts are invalid for ruling over Jews. Jewish law requires disputes to be settled by a Jewish court (''beth din'') under the laws of the Torah. It is forbidden to settle disputes in a court ruled by gentile laws. Jewish law permits settling disputes in gentile courts in exceptional cases and these cases usually require approval from Jewish religious authority. There is ongoing ''halachic'' dispute regarding the status of the courts in modern state of Israel and whether the courts are religiously binding. Source of the ban The prohibition comes from the tractate ''Gittin'' of the Babylonian Talmud which states: The punishment for breaking this rule is '' herem'' or excommunication. This rule was instated so that Jews would not be subjected to the courts of the gentile nations which were idolatrous. Exceptions If a Jew is robbe ...
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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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Gentile
Gentile () is a word that usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ''heathen'' or '' pagan''. In some translations of the Quran, ''gentile'' is used to translate an Arabic word that refers to non-Jews and/or people not versed in or not able to read scripture. The English word ''gentile'' derives from the Latin word , meaning "of or belonging to the same people or nation" (). Archaic and specialist uses of the word ''gentile'' in English (particularly in linguistics) still carry this meaning of "relating to a people or nation." The development of the word to principally mean "non-Jew" in English is entwined with the history of Bible translations from Hebrew and Greek into Latin and English. Its meaning has also been shaped by Rabbinical Jewish thought and Christian theology which, from the 1st centu ...
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Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the Middle East during the Bronze Age. Modern Judaism evolved from Yahwism, the religion of ancient Israel and Judah, by the late 6th century BCE, and is thus considered to be one of the oldest monotheistic religions. Judaism is considered by religious Jews to be the expression of the covenant that God established with the Israelites, their ancestors. It encompasses a wide body of texts, practices, theological positions, and forms of organization. The Torah, as it is commonly understood by Jews, is part of the larger text known as the ''Tanakh''. The ''Tanakh'' is also known to secular scholars of religion as the Hebrew Bible, and to Christians as the " Old Testament". The Torah's supplemental oral tradition is represented by later te ...
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Jews
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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Beth Din
A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a Rabbinic Judaism, rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it is invested with legal powers in a number of religious matters (''din Torah'', "matter of litigation", plural ''dinei Torah'') both in Israel and in Jewish communities in the Jewish diaspora, Diaspora, where its judgments hold varying degrees of authority (depending upon the jurisdiction and subject matter) in matters specifically related to Jewish religious life. History Rabbinic literature, Rabbinical commentators point out that the first suggestion in the Torah that the ruler divest his legal powers and delegate his power of judgment to lower courts was made by Jethro (Bible), Jethro to Moses (Book of Exodus, Exodus ). This situation was formalised later when God gave the explicit command to "establish judges and off ...
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Torah
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the same as Pentateuch or the Five Books of Moses. It is also known in the Jewish tradition as the Written Torah (, ). If meant for liturgic purposes, it takes the form of a Torah scroll ('' Sefer Torah''). If in bound book form, it is called ''Chumash'', and is usually printed with the rabbinic commentaries (). At times, however, the word ''Torah'' can also be used as a synonym for the whole of the Hebrew Bible or Tanakh, in which sense it includes not only the first five, but all 24 books of the Hebrew Bible. Finally, Torah can even mean the totality of Jewish teaching, culture, and practice, whether derived from biblical texts or later rabbinic writings. The latter is often known as the Oral Torah. Representing the core of the Jewish spi ...
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Halachic
''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 (''Ha ...
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Gittin
Gittin (Hebrew: ) is a tractate of the Mishnah and the Talmud, and is part of the order of Nashim. The content of the tractate primarily deals with the legal provisions related to halakhic divorce, in particular, the laws relating to the ''Get'' (divorce document), although the tractate contains a number of other social provisions which are only vaguely related to that subject, but which offer numerous historical references related to the time of the Jewish uprising. The laws of the divorce itself, including when a divorce is permitted or even required, are discussed in other tractates, namely Ketubot. The word ''get'' (Hebrew: ) is thought to be an Akkadian word and generally refers to a written document.The Recent Study of Hebrew: A Survey of the Literature with Selected Bibliography, Nahum M. Waldman, Eisenbrauns, 1989 See also * Get (divorce document) References External links Mishnah Gittin text in Hebrew
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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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Herem (censure)
''Herem'' (, also Romanized ''chērem, ḥērem'') is the highest ecclesiastical censure in the Jewish community. It is the total exclusion of a person from the Jewish community. It is a form of shunning and is similar to ''vitandus'' "excommunication" in the Catholic Church. Cognate terms in other Semitic languages include the Arabic terms ''ḥarām'' "forbidden, taboo, off-limits, or immoral" and haram "set apart, sanctuary", and the Ge'ez word ''ʿirm'' "accursed". Arguably the most famous case of a herem is that of Baruch Spinoza, the seventeenth-century philosopher. Another renowned case is the herem the Vilna Gaon ruled against the early Hassidic groups in 1777 and then again in 1781, under the charge of believing in panentheism. Other famous subjects of a herem were early Russian communists Leon Trotsky and Grigory Zinoviev. Sometime in 1918, while Ukraine was under German occupation, the rabbis of Odessa pronounced herem against Trotsky, Zinoviev, and other Jewish Bols ...
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Sefaria
Sefaria is an online open source, free content, digital library of Jewish texts. It was founded in 2011 by former Google project manager Brett Lockspeiser and journalist-author Joshua Foer. Calling itself "a living library of Jewish texts", Sefaria relies on volunteers to add texts and translations. The site provides cross-references and interconnections between different texts. Hebrew, Aramaic, and Judeo-Arabic texts are provided under a free license in the original and in translation. The website also provides a tool for creating source sheets. Sefaria is a non-profit organization. The technology is maintained by a team of 18 engineers. According to its chief data officer Lev Israel in 2019, the service received 250,000 unique visitors monthly. Etymology The name ''Sefaria'' derives from the words ''sefer'', or "book", and ''sifria'' ("library") in Hebrew. History Sefaria was originally founded in 2011 by journalist Joshua Foer and Brett Lockspeiser, a former product ma ...
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Lex Loci
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the '' lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the '' lex causae'', the law to be applied to each cause of action. Relevant rules include the following. '' ...
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