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Shomer
In Jewish religious law (''halacha''), a shomer ( he, שומר, pl. , shomrim) is a Jewish legal guardian entrusted with the custody and care of another's object. The laws of ''shomrim'' (pl. "keepers"; "watchmen") are derived from the Torah in the Book of Exodus ( ''Shemot'' 22:6-14). It is also discussed in the Talmud in the Bava Kamma and Bava Metzia tractates, which deal with torts, usury, and property law. There are four types of ''shomrim'': Mishnah, Bava Metzia 93a an unpaid custodian, a paid custodian, a borrower, and a renter (', ', ', and ', respectively). Each ''shomer'' has distinct laws in ''halacha'' that apply to it. The two major factors that determine a guardian's liability are whether the guardian has the ability to use the item (i.e., a renter or borrower) and whether money is exchanged. In general, having the ability to use the item and being a paid custodian increase the guardian's liability, while paying for the use of something (i.e., being a renter) dec ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 spiri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Book Of Exodus
The Book of Exodus (from grc, Ἔξοδος, translit=Éxodos; he, שְׁמוֹת ''Šəmōṯ'', "Names") is the second book of the Bible. It narrates the story of the Exodus, in which the Israelites leave slavery in Biblical Egypt through the strength of Yahweh, who has chosen them as his people. The Israelites then journey with the prophet Moses to Mount Sinai, where Yahweh gives the 10 commandments and they enter into a covenant with Yahweh, who promises to make them a "holy nation, and a kingdom of priests" on condition of their faithfulness. He gives them their laws and instructions to build the Tabernacle, the means by which he will come from heaven and dwell with them and lead them in a holy war to possess the land of Canaan (the "Promised Land"), which had earlier, according to the story of Genesis, been promised to the seed of Abraham. Traditionally ascribed to Moses himself, modern scholars see its initial composition as a product of the Babylonian exile (6th ce ... [...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] |
Torts
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usury
Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is charged in excess of the maximum rate that is allowed by law. A loan may be considered usurious because of excessive or abusive interest rates or other factors defined by the laws of a state. Someone who practices usury can be called a ''usurer'', but in modern colloquial English may be called a ''loan shark''. In many historical societies including ancient Christian, Jewish, and Islamic societies, usury meant the charging of interest of any kind, and was considered wrong, or was made illegal. During the Sutra period in India (7th to 2nd centuries BC) there were laws prohibiting the highest castes from practicing usury. Similar condemnations are found in religious texts from Buddhism, Judaism (''Loans and interest in Judaism, ribbit'' in He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beit Din
A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a 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 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 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 to Moses (Exodus ). This situation was formalised later when God gave the explicit command to "establish judges and officers in your gates" ( Deuteronomy ). There were three types of courts (Mishnah, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
