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Chazakah
In Jewish law, a chazakah (Hebrew חזקה, "presumption") is a legal presumption; it establishes burden of proof. There exist many such presumptions, for example regarding the ownership of property, a person's personal status (e.g. whether they are a kohen or Levite), and presumptions about human behavior. Etymology The Hebrew word is a noun form of the verb , meaning (in this context) "take possession". Overview The conceptional terminology is "default status", "agreed properties" or status quo of an object, land or person − usually when sufficient proof is missing or unavailable. The concept is relevant to many aspects of Talmudic law and Halakha. There are various ways how something can get the certain state of chazakah: # The previous known state, which may include but is not restricted to: ## In a disputed ownership of articles, they would be left in the hands which holds them. ## By disputed ownership of land, it would be left in the hands of the last certain owne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Talmudic Principles
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 is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mishneh Torah
The ''Mishneh Torah'' ( he, מִשְׁנֵה תּוֹרָה, , repetition of the Torah), also known as ''Sefer Yad ha-Hazaka'' ( he, ספר יד החזקה, , book of the strong hand, label=none), is a code of Rabbinic Jewish religious law (''halakha'') authored by Maimonides (Rabbi Moshe ben Maimon/Rambam). The ''Mishneh Torah'' was compiled between 1170 and 1180 CE (4930 and 4940 AM), while Maimonides was living in Egypt, and is regarded as Maimonides' ''magnum opus''. Accordingly, later sources simply refer to the work as "''Maimon''", "''Maimonides''", or "''RaMBaM''", although Maimonides composed other works. ''Mishneh Torah'' consists of fourteen books, subdivided into sections, chapters, and paragraphs. It is the only Medieval-era work that details all of Jewish observance, including those laws that are only applicable when the Temple in Jerusalem is in existence, and remains an important work in Judaism. Its title is an appellation originally used for the Biblical boo ... [...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] |
Yonah Gerondi
Rabbi Jonah ben Abraham Gerondi ( he, יוֹנָה בֶּן־אַבְרָהָם גִירוֹנְדִי ''Yōnāh bēn-ʾAvrāhām Gīrōndī'', "Jonah son of Abraham the Gironan"; died 1264), also known as Jonah of Girona and Rabbeinu Yonah (), was a Catalan rabbi and moralist, cousin of Nahmanides. He is most famous for his ethical work ''The Gates of Repentance'' ( he, שערי תשובה). Biography Much of what is known about his life comes from a responsum by Solomon ben Simon Duran, one of his descendants. Jonah Gerondi came from Girona, in Catalonia (present-day Spain). He was the most prominent pupil of Solomon ben Abraham of Montpellier, the leader of the opponents of Maimonides' philosophical works, and was one of the signers of the ban proclaimed in 1233 against ''The Guide for the Perplexed'' and the ''Sefer ha-Madda''. According to his pupil, Hillel ben Samuel, Gerondi was the instigator of the public burning of Maimonides' writings by order of the autho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rabbeinu Tam
Jacob ben Meir (1100 – 9 June 1171 (4 Tammuz)), best known as Rabbeinu Tam ( he, רבינו תם), was one of the most renowned Ashkenazi Jewish rabbis and leading French Tosafists, a leading ''halakhic'' authority in his generation, and a grandson of Rashi. Known as "Rabbeinu" (our teacher), he acquired the Hebrew suffix "Tam" meaning straightforward; it was originally used in the Book of Genesis to describe his biblical namesake, Jacob. Biography Jacob ben Meir was born in the French country village of Ramerupt, today in the Aube département of northern-central France, to Meir ben Shmuel and Yocheved, daughter of Rashi. His primary teachers were his father and his brother, Shmuel ben Meir, known as Rashbam. His other brothers were Isaac, known as the Rivam, and Solomon the Grammarian. He married Miriam, the sister of Rabbi Shimshon ben Yosef of Falaise, Calvados, who may have been his second wife. His reputation as a legal scholar spread far beyond France. Avraham ibn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geonim
''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and 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. 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 Jewish law. They taught Talmud and decided on issues on which no ruling had been rendered during the period of the Talmud. The Geonim were also spiritual leaders of the Jewish community of their time. Era The period of the Geonim began in 58 ... [...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] |
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] |
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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bava Batra
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maharsha
Shmuel Eidels (1555 – 1631) ( he, שמואל אליעזר הלוי איידלס Shmuel Eliezer HaLevi Eidels) was a renowned rabbi and Talmudist famous for his commentary on the Talmud, ''Chiddushei Halachot''. Eidels is also known as Maharsha (, a Hebrew acronym for "Our Teacher, the Rabbi Shmuel Eidels"). Biography The Maharsha was born in Kraków in Poland. His father, Yehuda, was a Talmudist and both parents were descendants of rabbinic families—his mother Gitel was a cousin of Rabbi Yehuda Loew, the Maharal of Prague, and his father "was a direct descendant of Rabbi Yehuda HaChasid." From early childhood, the Maharsha's remarkable talents were evident. When he came of marriageable age, the Maharsha was offered many prestigious shidduchim (marriage partners), but he rejected them, asserting that he wanted to devote himself solely to Torah study. He married the daughter of Edel Lifschitz of Posen and the late Moshe Lifschitz, rabbi of Brisk. He then moved to Posen and, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
