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Lieberman Clause
The Lieberman clause is a clause included in a ''ketubah'' (Jewish wedding document), created by and named after Talmudic scholar and Jewish Theological Seminary of America professor Saul Lieberman, that stipulates that divorce will be adjudicated by a modern ''bet din'' (rabbinic court) in order to prevent the problem of the agunah, a woman not allowed to remarry religiously because she had never been granted a religious divorce. It was first introduced in the 1950s by rabbis in Judaism's Conservative movement. Background According to ''halakha'' (Jewish law) when a couple gets divorced it is the man who has to present the woman with a bill of divorce, called a ''get''. Without one, the couple is still viewed as married, whether a civil divorce is obtained or not. In the past, if a woman was refused a divorce because a man would not give his wife a ''get'', the rabbis of the local Jewish community were authorized, under certain circumstances, to force the husband to do so ...
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Kesubah
A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, the ''ketubah'' has no agreed monetary value, and is seldom enforced by civil courts, except in Israel. History According to the Babylonian Talmud, the ''ketubah'' was enacted by Simeon ben Shetach so that it might not be a light thing for a man to divorce his wife. The enactment provides for a man's wife to receive a fixed sum of money, usually accruing from his property, in the event of his divorcing her or of his predeceasing her. Thirteenth-century rabbi, Aharon HaLevi, adds a different reason, writing: "Of the logic behind this one commandment, e findthat the Torah has commanded us to perform an act before taking a wife, a matter that is intended to show that they are a couple united in wedlock before he lies down with her carnally, ...
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Orthodox Judaism
Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses on Mount Sinai and faithfully transmitted ever since. Orthodox Judaism, therefore, advocates a strict observance of Jewish law, or '' halakha'', which is to be interpreted and determined exclusively according to traditional methods and in adherence to the continuum of received precedent through the ages. It regards the entire ''halakhic'' system as ultimately grounded in immutable revelation, and beyond external influence. Key practices are observing the Sabbath, eating kosher, and Torah study. Key doctrines include a future Messiah who will restore Jewish practice by building the temple in Jerusalem and gathering all the Jews to Israel, belief in a future bodily resurrection of the dead, divine reward and punishment for the righteo ...
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Jewish Views On Marriage
Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman in which God is involved. In Judaism, a marriage can end either because of a divorce document given by the man to his wife, or by the death of either party. Certain details, primarily as protections for the wife, were added in Talmudic times. Non-Orthodox developments have brought changes in who may marry whom. Intermarriage is often discouraged, though opinions vary. Overview Historic view In traditional Judaism, marriage is viewed as a contractual bond commanded by God in which a man and a woman come together to create a relationship in which God is directly involved. Though procreation is not the sole purpose, a Jewish marriage is traditionally expected to fulfil the commandment to have children. In this view, marriage is understood to mean that the husband and wife are merging into a single soul, which is why a man is considered "incomplete" if he is not married, as his soul ...
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Agunah
An ''agunah'' ( he, עגונה, plural: agunot (); literally "anchored" or "chained") is a Jewish woman who is stuck in her religious marriage as determined by ''halakha'' (Jewish law). The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is missing in action. It is used as a borrowed term to refer to a woman whose husband refuses, or is unable, to grant her a divorce (which requires a document known as a ''get''). For a divorce to be effective, ''halakha'' requires that a man grant his wife a ''get'' of his own free will. Without a ''get'', no new marriage will be recognized, and any child she might have with another man would be considered a ''mamzer'' (illegitimate). It is sometimes possible for a woman to receive special dispensation from a ''posek'' (''halakhic'' authority), called a ''heter agunah'', based on a complex decision supported by substantial evidence that her husband is presumed dead, but this cannot be app ...
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Separation Of Church And State
The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson. The concept was promoted by Enlightenment philosophers such as John Locke. In a society, the degree of political separation between the church and the civil state is determined by the legal structures and prevalent legal views that define the proper relationship between organized religion and the state. The arm's length principle proposes a relationship wherein the two political entities inter ...
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Denominations Of Judaism
Jewish religious movements, sometimes called " denominations", include different groups within Judaism which have developed among Jews from ancient times. Today, the most prominent divisions are between traditionalist Orthodox movements (including Haredi and Religious Zionist () sects); modernist movements such as Conservative, Masorti and Reform Judaism; and secular or Jews. The movements differ in their views on various issues. These issues include the level of observance, the methodology for interpreting and understanding Jewish law, biblical authorship, textual criticism, and the nature or role of the messiah (or messianic age). Across these movements, there are marked differences in liturgy, especially in the language in which services are conducted, with the more traditional movements emphasizing Hebrew. The sharpest theological division occurs between Orthodox and non-Orthodox Jews who adhere to other denominations, such that the non-Orthodox movements are sometimes re ...
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Posek
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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Joseph B
Joseph Ber Soloveitchik ( he, יוסף דב הלוי סולובייצ׳יק ''Yosef Dov ha-Levi Soloveychik''; February 27, 1903 – April 9, 1993) was a major American Orthodox rabbi, Talmudist, and modern Jewish philosopher. He was a scion of the Lithuanian Jewish Soloveitchik rabbinic dynasty. As a ''rosh yeshiva'' of Rabbi Isaac Elchanan Theological Seminary at Yeshiva University in New York City, The Rav, as he came to be known, ordained close to 2,000 rabbis over the course of almost half a century. Rabbinic literature sometimes refers to him as הגרי"ד, short for "The great Rabbi Yosef Dov". He served as an advisor, guide, mentor, and role-model for tens of thousands of Jews, both as a Talmudic scholar and as a religious leader. He is regarded as a seminal figure by Modern Orthodox Judaism. Heritage Joseph Ber Soloveitchik was born on February 27, 1903, in Pruzhany, Imperial Russia (later Poland, now Belarus). He came from a rabbinical dynasty dating back some ...
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Halakha
''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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Chief Rabbinate Of Israel
The Chief Rabbinate of Israel ( he, הָרַבָּנוּת הָרָאשִׁית לְיִשְׂרָאֵל, ''Ha-Rabbanut Ha-Rashit Li-Yisra'el'') is recognized by law as the supreme rabbinic authority for Judaism in Israel. The Chief Rabbinate Council assists the two Chief Rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious arrangements for Israel's Jews. It also responds to halakhic questions submitted by Jewish public bodies in the Diaspora. The Council sets, guides, and supervises agencies within its authority. The Chief Rabbinate of Israel consists of two Chief Rabbis: an Ashkenazi rabbi, and a Sephardi rabbi; the latter also is known as the Rishon leZion. The Chief Rabbis are elected for 10-year terms. The present Sephardi Chief Rabbi is Yitzhak Yosef, and the Ashkenazi Chief Rabbi is David Lau, both of whom began their terms in 2013. The Rabbinate has jurisdiction over many aspects of Jewish life in Israel. Its jurisdict ...
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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 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, ...
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Rabbinical Council Of America
The Rabbinical Council of America (RCA) is one of the world's largest organizations of Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union (OU). It is the main professional rabbinical association within Modern Orthodox in the United States. Most rabbis of the RCA belong to Modern Orthodox Judaism. History The roots of the organization go back to 1923 when it was founded as the Rabbinical Council of the Union of Orthodox Jewish Congregations of America. Its purpose was to perpetuate and promote Orthodox Judaism in the United States of America. Its members attempted on a number of occasions to merge with other Jewish groups, for the purpose of developing a unified traditional rabbinate for the American Jewish community. A number of attempts were made to join with groups such as Agudat Israel, but all such attempts were rebuffed. A merger took place in 1935 between the Rabbinical Council of th ...
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