Law Of The Land (Jewish)
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Law Of The Land (Jewish)
Dina d'malkhuta dina (alternative spelling: dina de-malkhuta dina) ( arc, דִּינָא דְּמַלְכוּתָא דִּינָא, translation=the law of the Government n civil casesis law, or "the law of the land is the law") is a principle in Jewish religious law that the civil law of the country is binding upon the Jewish inhabitants of that country, and, in certain cases, is to be preferred to Jewish law. The concept of ''dina de-malkhuta dina'' is similar to the concept of conflict of laws in other legal systems. It appears in at least twenty-five places in the ''Shulchan Arukh''. The principle of ''dina d'malkhuta dina'' means that for Jews, obedience to the civil law of the country in which they live is viewed as a religiously mandated obligation and disobedience is a transgression, according to Jewish law. This general principle is subject, however, to the qualifications that the government enacting the law must be one which is recognized by Jewish law as having legit ...
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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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Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah scholars of the Middle Ages. In his time, he was also a preeminent astronomer and physician, serving as the personal physician of Saladin. Born in Córdoba, Almoravid Empire (present-day Spain), on Passover eve, 1138 (or 1135), he worked as a rabbi, physician and philosopher in Morocco and Egypt. He died in Egypt on 12 December 1204, when his body was taken to the lower Galilee and buried in Tiberias. During his lifetime, most Jews greeted Maimonides' writings on Jewish law and ethics with acclaim and gratitude, even as far away as Iraq and Yemen. Yet, while Maimonides rose to become the revered head of the Jewish community in Egypt, his writings also had vociferous critics, particularly in Spain. Nonetheless, he was posthumously ackno ...
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Rabbi Yannai
Rabbi Yannai (or Rabbi Jannai; he, רבי ינאי) was an '' amora'' who lived in the 3rd century, and of the first generation of the ''Amoraim'' of the Land of Israel. Biography A genealogical chart found at Jerusalem traced his descent from Eli the priest. He was very wealthy; he is said to have planted four hundred vineyards (though they may have been small vineyards) and to have given an orchard to the public. His first residence was at Sepphoris, where he seems to have held a public office, since at the death of R. Judah ha-Nasi he gave an order that even priests might attend Judah's funeral. Halevy, however, has concluded that Yannai always lived at 'Akbara, or 'Akbari, where he established a school (see below). He was a student of R. Judah haNasi, in whose name he transmitted several halakhic sayings. The best known of his senior fellow students was Hiyya the Great, who, as an assistant teacher in Rabbi's school, sometimes acted as Yannai's tutor. But several discussio ...
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Terumah
A ''terumah'' ( he, תְּרוּמָה) or heave offering is a type of sacrifice in Judaism. The word is generally used for an offering to God, although it is also sometimes used as in ''ish teramot'', a "judge who loves gifts". The word ''terumah'' refers to various types of offerings, but most commonly to ''terumah gedolah'' (תרומה גדולה, "great offering"), which must be separated from agricultural produce and given to kohen (priests), who must eat it in a state of ritual purity. Etymology The word ''terumah'' ("lifting up") comes from the verb stem, ''rum'' (רוּם, "high" or "to lift up"). The formation of ''terumah'' is parallel to the formation of ''tenufah'' ('תְּנוּפָה, wave offering) from the verb stem ''nuf'', "to wave," and both are found in the Hebrew Bible. English Bible versions such as the King James Version have in a few verses translated "heave offering," by analogy with "wave offering": Hebrew Bible The term occurs seventy-six times in ...
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Rashi
Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a comprehensive commentary on the Talmud and commentary on the Hebrew Bible (the ''Tanakh''). Acclaimed for his ability to present the basic meaning of the text in a concise and lucid fashion, Rashi appeals to learned scholars and beginning students, and his works remain a centerpiece of contemporary Jewish studies. His commentary on the Talmud, which covers nearly all of the Babylonian Talmud (a total of 30 out of 39 tractates, due to his death), has been included in every edition of the Talmud since its first printing by Daniel Bomberg in the 1520s. His commentaries on the Tanakh—especially his commentary on the Chumash (the "Five Books of Moses")—serves as the basis of more than 300 "supercommentaries" which analyze Rashi's choice of langu ...
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Baba Bathra
Bava Batra (also Baba Batra; Talmudic Aramaic: בָּבָא בַּתְרָא "The Last Gate") is the third of the three Talmudic tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law. Originally it, together with Bava Kamma and Bava Metzia, formed a single tractate called ''Nezikin'' (torts or damages). Unlike Bava Kamma and Bava Metzia, this tractate is not the exposition of a certain passage in the Torah. Mishnah The Mishnah is divided into ten chapters, as follows: * Regulations relating to jointly owned property (chapter 1) * Responsibilities of a property owner towards his neighbor (chapter 2) * Established rights of ownership and rights connected with property (chapter 3) * Laws referring to the acquisition of property by purchase, as also what constitutes an unclean vessel when purchased from a Gentile (chapters 4-7) * Laws of inheritance (chapters 8-9) * Laws concerni ...
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Tosafists
Tosafists were rabbis of France and Germany, who lived from the 12th to the mid-15th centuries, in the period of Rishonim. The Tosafists composed critical and explanatory glosses (questions, notes, interpretations, rulings and sources) on the Talmud, which are collectively called Tosafot ("additions"). The Tosafot are important to the practical application of Jewish law, because the law depends on how the Talmud is understood and interpreted. Alphabetical list of Tosafists Of the great number of tosafists not all are known by name. The following is an alphabetical list of them; many, however, are known only through citations. A (HaRA) Quoted in the edited Tosafot to Moed Katan 14b, 19a, 20b, 21a etc. Avigdor Cohen of Vienna Also known as Avigdor ben Elijah ha-Kohen. Flourished in the middle of the thirteenth century; his tosafot are mentioned in the edited tosafot to Ketuvot 63b. Abraham ben Joseph of Orleans French Talmudist; lived at Orleans, and perhaps at London, in ...
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Nissim Of Gerona
Nissim ben Reuven (1320 – 9th of Shevat, 1376, he, נִסִּים בֶּן רְאוּבֵן) of Girona, Catalonia was an influential talmudist and authority on Jewish law. He was one of the last of the great Spanish medieval Talmudic scholars. He is also known by his Hebrew acronym, the RaN (), or else with the definite article HaRaN (), as well as by the name RaNbaR (), the Hebrew acronym of his full name, including his father's name, Reuven (), and also by Nissim Gerondi. Biography Nissim was born in Barcelona, Catalonia. He was a physician and had knowledge of astronomy. His teacher is not known; his works refer to a R. Perez as ''morenu'' ("our teacher"), but as he refers to his father (Reuben ben Nissim) as "my father and teacher" perhaps his father was his primary teacher. He served as a judge and teacher for the Jewish community in Barcelona, and founded a yeshiva there. He criticized the wealthy members of the community for their behavior, but this provoked a hostile b ...
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Yosef Qafih
Yosef Qafiḥ ( he, יוסף קאפח , ), widely known as Rabbi Yosef Kapach (27 November 1917 – 21 July 2000), was a Yemenite-Israeli authority on Jewish religious law (''halakha''), a dayan of the Supreme Rabbinical Court in Israel, and one of the foremost leaders of the Yemenite Jewish community in Israel, where he was sought after by non-Yemenites as well. He is widely known for his editions and translations of the works of Maimonides, Saadia Gaon, and other early rabbinic authorities (''Rishonim''), particularly his restoration of the Mishneh Torah from old Yemenite manuscripts and his accompanying commentary culled from close to 300 additional commentators and with original insights. He was the grandson of Rabbi Yiḥyah Qafiḥ, a prominent Yemenite leader and founder of the Dor Deah movement in Yemen. Qafih was the recipient of many awards, as well as an Honorary Doctorate from Bar-Ilan University. Biography Yosef Qafiḥ was born 27 November 1917 in Sana’a in Y ...
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Mossad Harav Kook
Mossad HaRav Kook ( he, מוסד הרב קוק, "Rabbi Kook Institute") is a religious research foundation and publishing house based in Jerusalem. Mossad Harav Kook is named after Abraham Isaac Kook, the first Ashkenazi chief rabbi of the British Mandatory Palestine, and was founded by Yehuda Leib Maimon in 1937. More than 2000 books have been published by Mossad Harav Kook. Among their significant publications are the Daat Mikra TaNaKh series, authoritative editions of Hidushei Ritva and Rashba, Rambam LeAm (Mishna Torah and other works of Maimonides with nikud and a simple commentary), and the complete writings of Rabbi Abraham Isaac Kook. See also *Israeli literature *Jewish literature Jewish literature includes works written by Jews on Jewish themes, literary works written in Jewish languages on various themes, and literary works in any language written by Jewish writers. Ancient Jewish literature includes Biblical literature a ... References External links * {{au ...
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Usucaption
Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession (that is, squatting), the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between '' res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was a ...
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Mishnah
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Torah. It is also the first major work of rabbinic literature. The Mishnah was redacted by Judah ha-Nasi probably in Beit Shearim or Sepphoris at the beginning of the 3rd century CE in a time when, according to the Talmud, the persecution of the Jews and the passage of time raised the possibility that the details of the oral traditions of the Pharisees from the Second Temple period (516 BCE – 70 CE) would be forgotten. Most of the Mishnah is written in Mishnaic Hebrew, but some parts are in Aramaic. The Mishnah consists of six orders (', singular ' ), each containing 7–12 tractates (', singular ' ; lit. "web"), 63 in total, and further subdivided into chapters and paragraphs. The word ''Mishnah'' can also indicate a single paragraph of ...
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