Jewish Law: History, Sources, Principles (4 vols)

DMB

Somehow I ran into 'Jewish Law': http://www.logos.com/product/3049/jewish-law

It's in the Portfolio level and I wondered what was in it and if useful. I'm writing this mainly for anyone later that has the same question! (There's no preview, contents or breakout by volume and nothing I could find on google)

In a nutshell, volume 3 (which you can purchase separately and cheaper) has what I was looking for ... a solid discussion of all the jewish sources and how they inter-connect. I bought the 4 volumes; now I'll get a refund and get the 3rd one.  By the way, if you use Libronix, the order script only downloads 3 volumes; the 4th can be ftp'd.

Below is the TOC for all 4 volumes. Below that, I included an example page, so you can see how it's useful.

CONTENTS
INTRODUCTION
ABOUT THE TRANSLATION
BIBLIOGRAPHICAL ABBREVIATIONS OF BOOKS AND ARTICLES FREQUENTLY CITED
ABBREVIATIONS USED IN CITING RABBINIC WORKS AND SCHOLARLY LITERATURE
ABBREVIATIONS USED IN CITING MODERN LEGAL MATERIALS
ACRONYMS AND APPELLATIONS OF HALAKHIC AUTHORITIES
TRANSLITERATION GUIDE

VOLUME I PART ONE
The History and Elements of Jewish Law
Chapter 1 the history of jewish law
I. Introduction
II. Jewish Law—A Living and Functioning System
A. The Religious and National Character of Jewish Law
B. The Jewish Legal Order and the Extent of Its Authority
C. Methods of Enforcement of Judicial Decisions
D. The Prohibition Against Litigating in Non-Jewish Tribunals (Arkaʾot Shel Goyim)
E. Arbitration
F. Lay Tribunals (Battei Din Shel Hedyotot)
G. Criticism of Lay Tribunals by the Halakhic Authorities
H. The Basic Distinction between the Various Forms of Jewish Adjudication on the One Hand and Adjudication by Non-Jewish Tribunals on the Other
I. The Legal-Political Viewpoint of the General Government, and the Economic-Social Relationship between the Jewish Community and the Government
J. Summary
III. The Different Periods of Jewish Law
A. The Two Broad Periods
B. The Division of the Two Periods into Subperiods
Chapter 2 the development of jewish law: some important factors
I. Development in the Various Areas of the Law
II. Creativity in Halakhic Literature as a Reflection of Practical Application
III. Public Leadership as a Creative Factor in the Jewish Legal System
A. The King’s Law
B. Jewish Government in the Land of Israel and the Diaspora
C. Local Jewish Self-Government
D. Lay Adjudication
IV. The Relationship Between Jewish Law and Non-Jewish Law
A. Reciprocal Influences Between Jewish Law and Non-Jewish Law
B. Dina de-Malkhuta Dina (“The Law of the Land Is Law”)
Chapter 3 the scientific study of jewish law
I. Classification in Jewish Law
A. Classification and Definition of the Fields of Law
B. Substantive Changes in Various Subject Areas
1. Law of Obligations
2. Public and Administrative Law
3. Conflict of Laws
II. The Concreteness of Jewish Legal Terminology
III. The Need for Research into All Periods of Jewish Law; The Historical-Dogmatic (also called Historical-Analytical) Method
Chapter 4 mishpat ivri: definition and nature
I. The Concept of Halakhah
II. The Reciprocal Relationship between Halakhah and Aggadah
III. The Term Mishpat Ivri
A. The Terms Mishpat and Din
B. The Term Ivri
IV. Common Features of “Religious” Halakhah and “Legal” Halakhah
A. Common Thought Patterns and Terminology
B. Common Legal Principles
C. Dependence of “Religious” Precepts on “Legal” Precepts
D. Common Fictions
E. Interaction between Different Parts of the Halakhah
1. The Obligation of Child Support
2. “The Payment of a Debt is a Religious Obligation”
3. The Creation of an Obligation by Vow, Ban, or Oath
4. The Nature of a Divorce Judgment
V. Distinction between “Religious” and “Legal” Halakhah—“Issur” and “Mamon”
A. Freedom of Contract—“Contracting Out of a Law Contained in the Torah”
B. Illegal Contracts
C. Legislation (Takkanot)
D. Custom (Minhag)
E. Different Rules for Decision Making, and Other Distinctions
F. Distinction between Matters of Issur and Matters of Mamon with Regard to Dina de-Malkhuta Dina (“The Law of the Land Is Law”)
G. Logic and Legal Reasoning as the Major Creative Source of Law in the Area of Mamon
VI. Law and Morals in the Jewish Legal System
A. Reciprocal Relationship between Law and Morals—Recourse by the Legal System to the Moral Imperative
B. “Exempt by Human Law but Liable by Divine Law”
C. The Imprecation “He Who Punished” (Mi she-Para)
D. “Fulfillment of Duty in the Sight of Heaven” (Laẓeit Yedei Shamayim)
E. “The Sages are Displeased with Him,” and Other Forms of Moral-Religious Sanctions
F. Lifnim Mi-Shurat Ha-Din—Acting More Generously than the Law Requires
G. Law, Justice, and Equity
1. “Judge Your Neighbor Fairly”
2. Justice as a Supplement to Law
3. Justice as a Primary Norm
4. Law and Equity—Rule and Discretion
H. Good Faith (Tom Lev)
Chapter 5 the oral law: definition and general principles
I. The Concept of the Oral Law
II. The Antiquity of the Oral Law
A. Noahide Laws
B. Legal Practices Antedating the Sinaitic Revelation
1. The Purchase of the Cave of Machpelah
2. The Liability of a Paid Bailee
C. Biblical Law Modifies Earlier Legal Practices
1. Levitate Marriage—The Account of Judah and Tamar
2. The Murderer Who Takes Hold of the Corners of the Altar
D. The Oral Law Elucidates and Supplements the Written Law
III. Divrei Kabbalah (“Matters of Tradition”)
IV. Halakhah Le-Moshe Mi-Sinai (“Law Given to Moses at Sinai”)
V. Biblical Law (De-Oraita) and Rabbinic Law (De-Rabbanan)
A. Classification into Biblical Law and Rabbinic Law
B. Differences in Legal Consequences of Classification as Biblical or Rabbinic
1. Leniency in Regard to Rabbinic Law
2. “The Sages Gave Their Laws the Same Force as Biblical Law”
3. “The Sages Gave Their Laws Greater Force than Biblical Law”
4. Legal Enforcement of Rabbinic Laws
VI. Reduction of the Oral Law to Writing
A. The Nature of the Prohibition Against Reduction to Writing and the Reasons Therefor
B. Dating the Reduction of Talmudic Literature to Writing
Chapter 6 the basic norm and the sources of jewish law
I. The Three Meanings of the Term “Sources of Law”
II. The Basic Norm of a Legal System
III. The Basic Norm of Jewish Law
IV. The Sources of Jewish Law
A. The Literary Sources
B. The Historical Sources
C. The Legal Sources
Chapter 7 the prerogatives of the halakhic authorities
I. “The Torah Is from Heaven” and “The Torah Is Not in Heaven”
II. No Suprahuman Authority in Halakhic Determinations
A. “A Prophet Is No Longer Authorized to Innovate”
B. The Torah Was Entrusted to the Halakhic Authorities
C. Law and Equity—“Right” That Is “Left” and “Left” That Is “Right”
D. The Oven of Akhnai
E. Differences of Opinion with Regard to Suprahuman Influences in the Determination of the Halakhah: The Accepted View
III. The Prerogatives of the Halakhic Authorities as Existing in Every Generation
 IV. The Principle that “The Law Is in Accordance with the Views of the Later Authorities” (Hilkheta ke-Vatraʾei)

PART TWO
The Legal Sources of Jewish Law
section 1 Exegesis and Interpretation
Chapter 8 exegesis and interpretation (midrash and parshanut): introduction
I. Explanation of the Terms Midrash and Parshanut
II. Interpretation of the Halakhah, of Documents, and of Communal Enactments
III. Scriptural Authority for Biblical Exegesis
Chapter 9 exegetical interpretation of the torah
I. Nature and Function of Exegesis of the Torah
A. Creative Interpretation (Midrash Yoẓer) and Integrative Interpretation (Midrash Mekayyem)
B. Midrash as a Creative Source in Jewish Law
C. Comparison with Other Legal Systems
D. Differences in Legal Rules Resulting from Differences in Methods of Interpretation
E. Integrative Interpretation
II. Asmakhta (Supportive Interpretation) in Midrash
III. Different Literary Forms for Creative and Integrative Interpretation
IV. Development of the Use of Midrash
A. Antiquity of Exegetical Activity
B. Exegetical Interpretation from Ezra the Scribe until the Zugot (“Pairs”)
C. Exegetical Interpretation in the Period of the Zugot
D. Exegetical Interpretation in the Academies of R. Akiva and R. Ishmael
V. The Thirteen Canons (Middot) of Interpretation
VI. Explicative Exegesis
A. Terms and Expressions—Generally
B. Terms and Expressions—Conjunctive and Disjunctive, Masculine and Feminine
1. The Letter Vav—Conjunctive or Also Disjunctive?
2. Masculine and Feminine
C. Generalization and Specification
1. Inference from a Generalization Followed by a Specification (Kelal u-Ferat)
2. Inference from a Specification Followed by a Generalization (Perat u-Khelal)
3. Inference from a Generalization Followed by a Specification Followed in Turn by a Generalization (Kelal u-Ferat u-Khelal)
4. The Relation between the Canons on Generalization and Specification and the Other Canons
5. A Generalization that Requires a Specification or a Specification that Requires a Generalization
a. A Generalization that Requires a Specification
b. A Specification that Requires a Generalization
D. A Matter Included in a Generalization and Also Specifically Mentioned (Davar she-Hayah bi-Khelal ve-Yaẓa Min ha-Kelal)
E. An Ambiguous Word or Passage Is Explained from Its Context or from a Subsequent Expression (Davar ha-Lamed me-Inyano, ve-Davar ha-Lamed mi-Sofo)
1. Explanation on the Basis of a Subsequent Expression
2. Explanation on the Basis of Context
F. Two Contradictory Passages
1. Contradiction between Two Passages in Two Sections
2. Contradiction between Two Passages in the Same Section
3. Contradiction between Two Parts of the Same Verse
VII. Logical Interpretation
A. Violation of a Betrothed Girl
B. The Law of Pledges
C. Damage Due to a Pit
D. The Law of Agency
VIII. Analogical Exegesis
A. Scriptural Analogy (Hekkesh ha-Katuv)
1. Explicit Analogy
2. Analogy by Implication
B. Inference A Fortiori (Kal va-Ḥomer)
1. Inference from the More Lenient to the More Stringent
2. Inference from the More Stringent to the More Lenient
3. “It Is Enough for the Conclusion That It Be like the Premise”
C. Inference from the Similarity of Words or Phrases (Gezerah Shavah)
D. Application of a General Principle (Binyan Av)
1. Application of a General Principle Derived from a Single Verse
2. Application of a General Principle Derived from Two Verses
3. Application of a General Principle Derived from Three Verses
4. Application of a General Principle Derived from Four Verses
E. Order of Priority in the Use of the Analogical Canons
IX. Restrictive Interpretation
A. Acceptance of Proselytes from National Groups with Whom Marriage Was Forbidden
B. The Rebellious Son
1. Halakhic Interpretation with Regard to the Son
2. Halakhic Interpretation with Regard to the Parents
C. The Idolatrous Town
1. How an Idolatrous Town Comes into Being
2. Towns That Cannot Become Idolatrous Towns
D. Opposition to Drastically Restrictive Interpretation
X. The Methods of Interpretation of R. Ishmael and R. Akiva
A. The Principal Differences in the Methods of Interpretation by the Academies of R. Ishmael and R. Akiva
B. The Dispute Related Mainly to the Methods of Integrating the Law with Scripture, Not to the Substance of the Law
C. Criticism by the Sages of Symbolic Methods of Interpretation
XI. Exegetical Interpretation of the Torah in the Amoraic Period
A. Decline in the Use of Exegetical Interpretation of the Torah
B. Dispensing with the Need for Integrative Interpretation
C. General Guidelines for Use of Interpretive Methods
XII. Biblical Exegesis in the Post-Talmudic Period
A. Consecration of Something Not Yet in Existence
B. “Moving a Landmark” (Hassagat Gevul)
C. “Scheming Witnesses” (Edim Zomemim)
Chapter 10 interpretation of the halakhah
I. The Nature of Halakhic Interpretation
II. Halakhic Interpretation in Ancient and Tannaitic Times
A. Legislation Concerning Agunot—The Enactment Speaks of the Usual Situation
B. Maintenance and Support of Daughters—Analogy from a Parallel Rule
C. Indirect Evidence of Halakhic Interpretation
1. Agency for the Purpose of Divorce
2. Bailments
III. Halakhic Interpretation in the Amoraic Period
A. Legal Capacity of Minors in the Law of Finders—Plain Meaning versus Nonliteral Interpretation
B. Liability in Tort—Restricting the Rule to Limited Facts
IV. Halakhic Interpretation in the Post-Talmudic Period
A. Guidelines for Judicial Decision Making—How Far Do Authoritative Materials Bind the Judge?
B. Fraudulent Conveyances—Resourcefulness of the Halakhic Authorities in Combating Fraud
C. Use of Traditional Canons in Interpreting Post-Talmudic Responsa
Chapter 11 interpretation of documents
I. Doreshin Leshon Hedyot
A. Doreshin Leshon Hedyot as Meaning “Interpreting Ordinary Language”
1. Interpretation of a Ketubbah by Hillel the Elder
2. The Right to Collect the Amount of the Ketubbah on the Strength of the Testimony of the Wife Alone
3. A Daughter’s Legal Right to Support
4. Interpretation of a Sharecropping Lease
B. Doreshin Leshon Hedyot as Meaning “Ascertaining Lay Usage”
II. Principles of Documentary Interpretation
A. Two Principles: (1) The Later Part of the Document Controls; and (2) Ambiguities Are Resolved Against the Holder of the Document (lit. “The Holder of the Document Has the Lower Hand”)
B. Interpretation According to the “Colloquial Usage of the People” (Leshon Benei Adam)
Chapter 12 interpretation of communal enactments
I. Authority to Interpret Communal Enactments
II. Interpretation in Accordance with the Language of the Enactment, Not the Subjective Intent of Those Who Enacted It
A. Tax Law
B. Family Law
C. The Law of Landlord and Tenant
D. Scope of Authority to Interpret as Limited by the Text of the Enactment
E. “Scribal Errors” in the Text of the Enactment
III. Circumstances that Permit the Background and Objectives of the Enactment to Be Taken into Account
A. Universally Agreed Intent
B. Condemnation of Overnice Technicality in Interpreting Enactments
C. Giving Weight to the Preamble and to the Promotion of Good Public Order
D. Explanatory Remarks of the Enactors—Use and Limitations
IV. Inconsistency or Ambiguity in the Text
V. Methods of Interpreting Enactments
GLOSSARY

VOLUME II PART TWO
The Legal Sources of Jewish Law
section 2 Legislation, Custom, Precedent, and Legal Reasoning
Chapter 13 legislation: introduction
I. The Relationship Between Midrash and Legislation
II. Legislation in Jewish Law and in Other Legal Systems
III. The Source in the Written Law for the Legislative Power of the Halakhic Authorities
IV. Legislative Authority of Other Competent Bodies and the Source of That Authority
V. Explanation of Terms
A. Takkanah and Gezerah
B. Tenai Bet Din, Minhag
Chapter 14 legislation: nature, objectives, and principles of legislation by the halakhic authorities
I. The Scope of Legislative Activity by the Halakhic Authorities
II. The Nature of Legislative Activity by the Halakhic Authorities; the Meaning of the Prohibitions “You Shall Not Add” and “You Shall Not Take Away”
III. The Fundamental Objective of Legislative Activity by the Halakhic Authorities
IV. Principles and Guidelines for Legislative Activity by the Halakhic Authorities
A. “The Court May Direct that an Affirmative Precept of the Torah Not Be Carried Out” (Shev ve-Al Taʾaseh)
B. “The Court Has the Power to Expropriate Property” (Hefker Bet Din Hefker)
1. The Initial Stages of the Principle
2. Hefker Bet Din Hefker as a Legislative Principle
3. Scope of the Principle’s Application
4. Application of the Principle to a Religious Question Turning on the Ownership of Property; Enactment of the Prosbul
5. Hefker Bet Din Hefker and Communal Enactments
C. “The Court May Impose Punishment Not Prescribed in the Torah”
D. Temporary Measures to Restore the People to the Faith
E. The Court in Special Circumstances and “Where There Is Good Cause” May Direct Performance of an Act the Torah Prohibits (Kum va-Aseh) Even in Matters of Religious Law
1. Annulment of Marriages “Improperly Effected”
2. Legislation Concerning Agunot
3. Extension of This Principle to Legislation in Criminal Law
V. The Terms Le-Migdar Milta (To Safeguard the Matter), Lefi Shaʾah (Temporarily), Horaʾat Shaʾah (A Temporary Measure), etc.
VI. Legislation in Jewish Law and the Problem of Ultra Vires
VII. The Role of the Public in the Legislative Activities of the Halakhic Authorities
VIII. “One Court May Not Overturn the Legislation of Another Unless Greater than the Other in Wisdom and Number”
Chapter 15 legislation: enactments through the end of the tannaitic period
I. Introduction
II. Earliest Legislation
A. The Enactments of Joshua Concerning the Relationship between the Individual and the Public in Property Matters
B. Military Legislation by King David
III. Legislation at the Time of Ezra and the Great Assembly
A. The Men of the Great Assembly
B. Sessions of Court
C. Extension of the Proscription of Incestuous Relationships from the First to the Second Degree of Consanguinity
IV. The Sanhedrin
A. The Sanhedrin as a Legislative Body
B. The Enactment of Simeon b. Shataḥ Concerning the Ketubbah
C. The Enactments of Hillel
D. The Enactments of Rabban Gamaliel the Elder
1. Writing of Names in a Get (Bill of Divorcement)
2. Nullification of a Get Sent to a Wife Through an Agent
3. Enactment Concerning Agunot
E. The Enactments of Usha
1. Obligation of Child Support
2. Sale by a Wife of Her Usufruct (Melog) Property
V. Anonymous Enactments in Various Fields of Law
A. Legislation Concerning Family Law and the Law of Succession
1. Spousal Support
2. The Wife’s Handiwork; Waiver of Rights Conferred by Legislation
3. Ransom of the Wife; Usufruct of Melog Property
4. The Husband’s Right of Inheritance and the Widow’s Right to Maintenance
5. Support of Daughters out of Their Father’s Estate
6. Enactment Concerning Inheritance Rights of the Wife’s Sons; Ensuring Daughters a Share in Their Father’s Property
7. Enactment of “One-Tenth of the Estate”; the Daughter’s Status as an Heir
B. Legislation Concerning Modes of Acquisition (Kinyan)
1. Acquisition by “Pulling” (Kinyan Meshikhah)
2. Acquisition by Barter (Kinyan Ḥalifin) and Acquisition by Symbolic Barter (Kinyan Sudar)
3. Acquisition of Personalty Incidental to Acquisition of Land (Kinyan Agav Karka)
4. “A Meeting of the Three”
5. Legal Capacity
C. Legislation Concerning the Law of Obligations
1. Nature of the Law of Obligations; Personal and Real Character of Obligations in Jewish Law
2. Legislation Concerning Liens on Property
a. Encumbered Property Sold by the Debtor Can Be Seized Only If the Debtor Has No Other Assets
b. Encumbered Property Cannot Be Seized If the Debt Is Unliquidated
c. Encumbered Property Can Be Seized for a Debt Evidenced by a Document but Not for a Debt Created Orally
3. Market Overt
D. Legislation Concerning the Law of Torts
1. Enactment for the Encouragement of Penitents
2. Latent Damage
3. Exemption from Liability for Damage Inadvertently Caused by a Person Acting Pursuant to Public Authority
E. Legislation Concerning Criminal Law
F. Legislation Concerning the Law of Procedure and Evidence
1. Inquiry and Examination of Witnesses
a. The Solution of R. Ḥanina
b. The Solution of Rava
c. The Solution of R. Papa
2. Authentication and Certification of Legal Instruments
G. Legislation Concerning Labor Law; Enactment That the Laborer May Take an Oath and Receive His Wages
Chapter 16 legislation in the amoraic period
I. Introduction
II. Principles of Legislation
A. “Do What Is Right and Good”
1. The Adjoining Landowner’s Preemptive Right
2. The Debtor’s Right to Redeem Land Seized to Satisfy a Debt
B. Prevention of Strife and Enmity
III. “All Who Marry Do So Subject to the Conditions Laid Down by the Rabbis, and the Rabbis Annul This Marriage”
Chapter 17 legislation in the geonic period
I. Introduction
II. Enactments of the Geonim
A. Equalizing Real and Personal Property for the Satisfaction of Debts
B. Power of Attorney from the Plaintiff to Litigate against the Defendant; “Four Cubits in the Land of Israel”
C. The Oath “I Have Nothing” in Proceedings to Enforce Civil Judgments
D. Abrogation of the Ketubbah Clause Concerning Inheritance Rights of a Wife’s Sons
E. Legislation on Marriage and Divorce
1. Enactment Concerning the Manner of Effecting Betrothal
2. Enactment Concerning the Grant of a Divorce to a Moredet (Wife Who Refuses to Cohabit with Her Husband)
Chapter 18 post-geonic legislation: introduction
I. The Diffusion of Spiritual Hegemony and the Rise of the Kehillah (Local Jewish Community)
II. Contraction of the Territorial Scope of Legislative Jurisdiction
III. Contraction of the Substantive Scope of Legislative Authority
IV. Local Legislation and Conflict of Laws
Chapter 19 communal enactments
I. Legislation by the Townspeople and the Community
II. The Source of the Authority and Legal Effectiveness of Communal Enactments
A. Civil Law
B. Criminal Law
C. Equating the Standing of the Community with That of the Court
D. Communal Legislation and Matters of Issur (“Religious” Law)
E. Binding Force of Communal Enactments
III. Majority and Minority in Communal Enactments
A. The Principle of Majority Rule
B. What Constitutes a Majority
IV. Communal Enactments by Communal Representatives
V. The Applicability of Communal Enactments to Minors, Persons Yet Unborn, and Persons Joining the Community subsequent to the Adoption of the Enactment
VI. The Relation between the Substantive Content of Communal Enactments and the Provisions of the Halakhah
A. Competence of Testimony in Communal Matters by Witnesses Halakhically Incompetent to Testify
B. Competence of Judges Related to the Litigants or Having a Personal Interest in the Case to Sit in Communal Matters
C. Signature of the Town Scribe Instead of Signatures of Witnesses
D. Enactment of a Limitation Period for Asserting Claims of Ownership
E. Enactments in Tax Law
VII. The Integration of Communal Enactments into the Halakhic System
A. Approval of Communal Enactments by a “Distinguished Person”
B. Consonance of Communal Enactments with the Principles of Justice and Equity Embodied in Jewish Law
1. An Enactment Must “Build Fences and Tend to Improve” and Not “Breach Fences and Spoil What Is Good”
2. A Majority of the Public Must Be Able to Conform to the Enactment
3. An Enactment Must Not Arbitrarily Prejudice Minority Rights
4. An Enactment Must Apply Equally to All Members of the Community
5. An Enactment Must Apply Prospectively and Not Retroactively
C. Interpretation of Communal Enactments by the Halakhic Authorities
VIII. Summary
Chapter 20 survey of legislation from the tenth century c.e. to the present
I. Introduction
II. Legislation in the Various Centers: Personages and Legislative Bodies and the Scope of Their Legislative Activity
A. Germany and France
1. Enactments of Rabbenu Gershom Meʾor Ha-Golah (“Light of the Exile”): Prohibitions against Polygamy, and against Divorce without the Wife’s Consent
2. Enactments of Rashi
3. Enactments of Rabbenu Tam and of the Community of Troyes
a. Enactments Concerning the Relation Between Jews and Non-Jews
b. Enactment Limiting a Husband’s Right to Inherit
c. Enactment Prohibiting Challenge to the Validity of a Divorce after Its Delivery
d. Enactment Prohibiting Prolonged Separation by a Husband from His Wife
4. Enactments of David b. Kalonymus
5. Enactments of “Shum” (Speyer, Worms, and Mainz)
6. Enactments of Maharam of Rothenburg and Rabbenu Pereẓ of Corbeil
7. Enactment of Ḥayyim Or Zaruʾa Against Ex Parte Decisions
8. Enactments of Mainz at the End of the Fourteenth Century
9. Enactments in the Fifteenth and Sixteenth Centuries
a. Enactment of the Synod of Nuremberg on the Language to Be Used in Court Proceedings
b. Enactments of Bingen
c. Enactments of Frankfurt
B. Spain and North Africa
1. Legislation by Local Communities: Toledo and Molina
2. Countrywide Legislation
3. Enactments of the Aragonian Communities
4. Enactments of the Castilian Communities at Valladolid
a. The Educational System: Organization and Financing
b. Appointment of Judges and Other Public Officials; Judicial Authority; Civil and Criminal Procedure
c. Enactments Concerning Informers and the Relation between the Government and the Jews
d. Enactments Concerning Tax Law
e. Enactments Outlawing Extravagance in Dress and Festive Banquets
5. Enactments of the North African Center
a. Algerian Enactments
b. Enactments of Fez
C. The Mediterranean Countries and Italy
1. Enactments of Maimonides in Egypt
2. Enactments of Candia (Crete); Enactment for the Protection of Tenants
3. Italy
a. Enactments of Forli
(1) Enactments Concerning Taxes
(2) Prohibition of Games of Chance
(3) Limits on Luxuries and Extravagant Festive Banquets
(4) Sumptuary Legislation
b. Enactments of Florence
c. Enactments of Ferrara
4. Enactments of Corfu
D. Enactments of the National and Regional Councils of Poland, Lithuania, and Moravia in the Seventeenth and Eighteenth Centuries
1. Enactments of the Council of the Four Lands (Vaʾad Arba Araẓot)
2. Enactments of the Council of the Principal Communities of Lithuania
3. Enactments of Moravia
E. Enactments of Individual Communities in the Seventeenth and Eighteenth Centuries
1. The Book of Enactments; of the Community of Cracow
a. Jails and Imprisonment
b. Imprisonment for Gambling
2. Other Compilations
F. Legislation after the Onset of Emancipation
G. Enactments of the Chief Rabbinate of the Land of Israel
1. Establishment of a Rabbinical Court of Appeals
2. Procedural Enactments for the Rabbinical Courts of the Land of Israel
a. Procedure for Litigation and the Payment of Court Costs
b. Adoption
c. Equalization of Daughters with Sons, and Wives with Husbands, in Regard to Inheritance
3. Enactments of 1944
a. The Minimum Amount of the Ketubbah
b. Support by a Levir of His Brother’s Widow
c. Support of Children up to the Age of Fifteen
4. Enactments of 1950
5. Termination of Legislative Activity
III. The Special Legislative Trend in Regard to Some Aspects of Family Law and the Law of Succession
A. Exercise of Full Legislative Authority over Financial Aspects of Family Law and the Law of Succession
1. Restriction on the Husband’s Right, of Inheritance
a. Enactment of Rabbenu Tam; Enactments of “Shum”
b. Enactments in Spain; Enactments of Toledo, Molina, Algeria, and Fez
2. Right of a Mother to Inherit
3. Restriction on a Widow’s Right to Recover the Amount of Her Ketubbah
4. Equal Rights of Inheritance for Sons and Daughters in Certain Circumstances
B. Decline in Legislation Directly Affecting the Validity of Marriage and Divorce
1. Controversy Between the Authorities of Mainz and the Authorities of Worms and Speyer in the Twelfth Century
2. Annulment of Marriage on the Strength of an Explicit Enactment; the Views of Asheri, Rashba, and Rabbenu Jeroham
3. The Demand for “The Approval of All the Halakhic Authorities of the Region”; the View of Ribash,
4. Basic Distinction Between Theory and Practice in Regard to Legislative Authority; the Views of Rashbeẓ (Rashbaẓ) (Simeon b. Ẓemaḥ Duran) and Rashbash (Simeon b. Solomon Duran)
5. Explanation for Abstention from Exercising Legislative Power to Annul Marriages; the View of Maharam Alashkar
6. The Difference between the Enactment of Fez, 1494, and the Enactment of Fez, 1592
7. The Rulings of Joseph Caro and Rema (Moses Isserles) Concerning Abstention from the Exercise of Legislative Power to Annul Marriages
8. The Sixteenth and Seventeenth Centuries in Italy and the Mediterranean Countries
9. Enactments In the Eastern Countries in the Eighteenth and Nineteenth Centuries Providing for Annulment of Marriages
10. Contemporary Legislative Authority Concerning the Law of Marriage
Chapter 21 custom (minhag): its nature and the source of its binding force
I. Introduction
II. Custom as a Historical Source of Law
III. Custom as a Legal Source of Law
IV. Extent and Rationale of the Efficacy of Custom as a Legal Source of Law
V. Explanation of Terms; Meanings of Minhag; Other Hebrew Terms for “Custom”
VI. Distinctions between Laws Derived from Custom and Laws Derived from Other Legal Sources
VII. Scriptural Support for the Binding Force of Custom
Chapter 22 custom: operation and categories
I. Introduction
A. Functions of Custom
B. Categories of Custom
1. Custom and Usage
2. General and Local Custom
II. Custom as Determining the Law
III. Custom as Supplementing the Law
IV. Custom as Changing Existing Law
A. Distinction between Matters of Mamon (Civil Law) and Matters of Issur (“Religious” Law) in Regard to the Creative Power of Custom
B. The Maxim “Custom Overrides the Law”
C. Custom in Matters of Issur and in Other Areas of Jewish Law
V. Custom as a Creative Force in Various Areas of the Law
A. Preparation and Certification of Documents; Recovery of Debts; Financial Relations Between Husband and Wife
B. Custom in the Development of the Modes of Acquisition and the Creation of Obligations
C. Custom in Tax Law
D. Custom in Jewish Law in the State of Israel; Severance Pay
E. Local Custom as Overriding the Law
VI. Proof of Custom
VII. Custom and Usage
VIII. General and Local Custom
IX. Custom and the Conflict of Laws
X. Control by the Halakhic Authorities over Custom
A. Custom Based on Error
B. Unreasonable or Illogical Custom
C. “Bad Custom”
D. Integration of Custom into Existing Law: Fundamental Principles of Equity and Justice in Jewish Law
Chapter 23 maʾaseh and precedent
I. Maʾaseh as a Legal Source
II. The Caution Shown by the Halakhic Authorities in Their Actions
III. Maʾaseh in Judicial Decision Making
A. The Tannaitic Period
1. Preparation and Signing of Legal Instruments
2. Grounds for Release from a Vow
3. Suretyship Undertaken after Creation of the Principal Debt
B. The Amoraic Period
1. Laws Concerning Conversion to Judaism
2. Laws Concerning Return of Lost Property
IV. Maʾaseh in the Conduct of Halakhic Authorities
A. The Tannaitic Period
1. Laws Concerning the Sabbath
2. Laws Concerning the Sukkah
B. The Amoraic Period: Assets of a Deceased Proselyte
V. Distinguishing a Maʾaseh
A. The Process of Distinguishing in Jewish Law
B. Distinguishing as a Technique in Drawing Conclusions from a Judicial Decision; An Example from the Law of Bailments
C. Distinguishing as a Technique in Drawing Conclusions from Incidents Involving Conduct of a Halakhic Authority; An Example from the Law of Interest
VI. Maʾaseh in the Post-Talmudic Period
A. Deducing Legal Conclusions from an Incident Recorded in Talmudic Literature
1. Law Concerning the Reciting of the Shema
2. One Life May Not Be Sacrificed to Save Another
B. Maʾaseh Occurring in the Post-Talmudic Period
C. Maʾaseh and the Responsa Literature
VII. Precedent in Jewish Law
A. “Case” and Precedent in Other Legal Systems
B. Similarities and Differences between Maʾaseh in Jewish Law and Precedent in the Common Law
C. The Nature of a Judgment in Jewish Law and the Problem of Precedent
D. The Approach to Decision Making in Jewish Law and the Problem of Precedent
Chapter 24 legal reasoning (sevarah)
I. Definition of Legal Reasoning as a Legal Source
II. Legal Reasoning as the Creative Source of Various Legal Rules; The Rule “Be Killed Rather than Transgress” in the Law of Murder
III. Legal Reasoning as the Creative Source of General Legal Principles
A. “The Burden of Proof Is on the Claimant”
B. “The Mouth That Has Prohibited Is the Mouth That Has Permitted”
C. Legal Presumptions; Reliance on a Majority
IV. Legal Reasoning in the Amoraic Period
A. “A Half-Measure Is Biblically Prohibited”
B. Parallel Rationales: Biblical Verse and Legal Reasoning
1. The Law Pertaining to Witnesses
2. The Law of Ḥaliẓah
V. Legal Reasoning in the Post-Talmudic Era
VI. Search by the Halakhic Authorities for the Legal Source of Particular Rules
GLOSSARY

VOLUME III PART THREE
The Literary Sources of Jewish Law
Chapter 25 the literary sources of jewish law: nature and definition
I. The Literary Sources of Law
A. In General
B. Official Publications
C. Legal literature and General Literature
II. The Literary Sources of Jewish Law
Chapter 26 the literary sources from the sinaitic revelation until the tannaim
I. The Written Law
II. The Prophets and the Hagiographa
A. The Laws of the Sabbath
B. Modes of Acquisition
C. The King’s Law
D. “A Person Shall Be Put to Death Only for His Own Crime”
E. The Law of Suretyship
III. Legal and General Literature
A. Introduction
B. The Papyri
C. The Septuagint
D. Philo of Alexandria
E. Flavius Josephus
F. The Apocrypha
IV. Summary
Chapter 27 the literary sources from the tannaitic period to the redaction of the talmud: introduction
I. Form and Substance of Talmudic Halakhic Literature
II. The Types of Literary Sources
Chapter 28 the literary sources in the tannaitic period
I. The Term Tanna
II. The Generations of the Zugot and the Major tannaim
III. Aramaic Translations of Scripture
IV. Compilations of Halakhic Midrashim
A. From the School of R. Ishmael
B. From the School of R. Akiva
V. The Mishnah—in General
A. The Literary Form of the Halakhah in the Mishnah as Compared with That in the Halakhic Midrashim
B. The Development and Redaction of the Mishnah
VI. The Literary Structure of the Mishnah
A. Etymology of the Term Mishnah
B. The Divisions of the Mishnah and Their Contents
C. The Arrangement of the Laws in the Mishnah
VII. The Codificatory Nature of the Mishnah
A. The Content of the Mishnah
1. Comparison Between the Law as Set Forth in the Mishnah and the Law in Cognate Sources
2. Statement of the Law without Attribution to a Source, or by Attribution to “the Sages”
3. The Amoraic View of the Authoritative Character of the Mishnah
4. Diversity and Uniformity in Jewish Law
5. Multiplicity of Opinions in the Mishnah
B. The Legal Style of the Mishnah
1. The Casuistic Style
2. The Hybrid Casuistic-Normative Style
a. Possession of Real Property for Three Years as Proof of Ownership
b. Division of Property Owned in Common
3. The Normative Style
C. The Literary Style of the Mishnah
VIII. The Tosefta
IX. Summary
Chapter 29 the literary sources in the amoraic period
I. Introduction
A. The Two Talmuds
B. Some Preliminary Definitions
1. Amora
2. Talmud
3. Gemara
II. The Leading Amoraim Listed by Generations
III. The Babylonian Talmud
A. The Babylonian Diaspora
B. The Teachings of the Babylonian Amoraim and the Contents of the Babylonian Talmud
C. The Redaction and Completion of the Babylonian Talmud
D. The Savoraim
E. Compilation of the Talmud on Only Part of the Mishnah
IV. The Jerusalem Talmud
A. Contents of the Jerusalem Talmud; Differences from the Babylonian Talmud
B. The Redaction of the Jerusalem Talmud
V. The Literary-Legal Nature of the Talmud and the Place of the Talmud, in the Jewish Legal System
Chapter 30 the literary sources and other halakhic literature in the post-talmudic period: introduction
I. Geonim, Rishonim, and Aḥaronim
II. The Three Major Types of Literary Sources of the Halakhah; the Various Kinds of Other Halakhic Legal Literature
Chapter 31 commentaries and novellae
I. The Nature of Commentaries and Novellae
II. Commentaries and Novellae on the Mishnah
A. The Geonic Period
B. Maimonides’ Commentary
C. Obadiah of Bertinoro’s Commentary
D. Tosafot Yom Tov by Yom Tov Lipmann Heller
E. Melekhet Shelomo by Solomon Adeni
F. Tiferet Yisraʾel by Israel Lipschutz
G. Ḥanokh Albeckʾs Commentary
III. Commentaries and Novellae on Halakhic Midrashim and the Tosefta
A. Halakhic Midrashim
1. Rabad’s Commentary on the Sifra
2. Rabbenu Hillel’s Commentary on the Sifra and the Sifrei
B. The Tosefta
1. Ḥasdei David by David Pardo
2. Tosefta ki-Feshutah by Saul Lieberman
IV. Commentaries on the Babylonian Talmud
A. The Geonic Period
B. Rabbenu Hananel’s Commentary
C. Rabbenu Gershom Me’or Ha-Golah and His Students
D. Rashi’s Commentary on the Talmud
V. Novellae on the Babylonian Talmud
A. The Ashkenazic Novellae; the Tosafists
1. In General
2. How the Novellae of the Tosafists Were Created
3. The Leading Tosafists
a. Samuel b. Meir (Rashbam)
b. Jacob b. Meir (Rabbenu Tam)
c. Isaac b. Samuel (Ri)
d. Samson b. Abraham (Rash) of Sens
e. Meir b. Baruch (Maharam) of Rothenburg
4. Decisions and Responsa in the Tosafot
B. The Sephardic Novellae/Commentaries
1. Joseph ibn Migash (Ri Migash)
2. Abraham b. David (Rabad) of Posquières
3. Meir Abulafia (Ramah)
4. Naḥmanides (Ramban)
5. Solomon b. Abraham Adret (Rashba)
6. Yom Tov Ishbili (Ritba)
7. Nissim Gerondi (Ran)
8. Menahem Meiri
9. Beẓalel Ashkenazi
C. Novellae in the Period of the Aḥaronim
1. Ḥiddushei Halakhot by Samuel Eliezer Edels (Maharsha)
2. Penei Yehoshuʾa by Jacob Joshua Falk
VI. Commentaries and Novellae on the Jerusalem Talmud
A. The Jerusalem Talmud—Its Study and Use as a Basis for Legal Decisions
B. Solomon Sirillo’s Commentary
C. Sedeh Yehoshuʾa by Joshua Benveniste
D. Elijah of Fulda’s Commentary and Novellae
E. David Fraenkel’s Commentary and Novellae
F. Moses Margoliot’s Commentary and Novellae
G. The Gaon of Vilna’s Commentary
Chapter 32 the codificatory literature: nature and structure; the problem of codification
I. The Relationship of Codificatory Literature to Commentaries, Novellae, and the Responsa Literature
II. The Two Basic Types of Codes
III. Codification in Other Legal Systems
A. The Term “Codification”
B. Codification in Continental Europe
C. Codification in Common-Law Countries
IV. The Nature and Problem of Codification in Jewish Law
Chapter 33 the codificatory literature from the geonic period until maimonides’ mishneh torah
I. Codificatory Works in the Geonic Period
A. Sefer ha-Sheʾiltot by Aḥa of Shabḥa
B. Halakhot Pesukot by Yehudai Gaon
C. Halakhot Gedolot
D. Motivating Factors for and against Codification in the Geonic Period
E. Halakhic Monographs
1. Saadiah Gaon
2. Samuel b. Ḥophni Gaon
3. Hai Gaon
4. The Objectives of Halakhic Monographs
II. Sefer ha-Halakhot by Isaac Alfasi (Rif)
A. The Nature and Content of Sefer ha-Halakhot
B. Commentaries on Sefer ha-Halakhot
1. Zeraḥiah ha-Levi Gerondi (Rezah)
2. Abraham b. David (Rabad) of Posquières
3. Naḥmanides (Ramban)
4. Jonathan of Lunel
5. Nissim Gerondi (Ran)
6. Joseph Ḥabiba
7. Joshua Boaz b. Simon Baruch
8. Other Commentators
III. Codificatory Works from Alfasi to Maimonides
A. Spain
1. Isaac ibn Ghayyat (Riẓag)
2. Judah al-Bargeloni
B. France and Germany
1. The School of Rashi
2. Eliezer b. Nathan (Raban)
Chapter 34 the codificatory literature: maimonides’ mishneh torah
I. Strengthening of the Tendency toward Codification at the Beginning of the Rabbinic Period
II. Maimonides and his Codificatory Work
A. Goals
B. Compiling and Reworking the Halakhic Material
C. Topical Arrangement and Classification
D. Categorical Statement of Legal Rules with No Reference to Sources or Contrary Opinions
E. Style and Draftsmanship of the Mishneh Torah
F. Factual-Casuistic Formulation
G. A Legal Code for the People
III. Critical Reaction to Maimonides’ Codificatory Methodology
A. Correspondence with Dayyan (Judge) Phinehas. Meshullam of Alexandria
B. Correspondence with Joseph ibn Aknin; Rendering Decisions on the Basis of the Mishneh Torah
C. Rabad’s Critical Glosses
D. Asheri’s Reaction
E. Interim Summary of the Stages of Codification of Jewish Law
IV. Commentaries on the Mishneh Torah
A. Migdal Oz by Shem Tov ibn Gaon
B. Maggid Mishneh by Vidal of Tolosa
C. Kesef Mishneh by Joseph Caro
D. Yekar Tiferet by David ibn Zimra (Radbaz)
E. Leḥem Mishneh by Abraham di Boton
F. Mishneh la-Melekh by Judah Rosanes
G. Haggahot Maimuniyyot by Meir ha-Kohen of Rothenburg
V. The Ultimate Achievement of the Mishneh Torah
Chapter 35 the codificatory literature: from maimonides until the shulḥan arukh; the sefer ha-Turim
I. Codificatory Literature Until the Sefer ha-Turim
A. Books Following the Order of the Talmud, and/or Organized in Whole or in Part According to Topic
1. Sefer Avi ha-Ezri and Sefer Aviʾasaf by Eliezer b. Joel ha-Levi (Raviah)
2. Sefer ha-Rokeʾaḥ by Eleazar b. Judah
3. Sefer ha-Terumah by Baruch b. Isaac
4. Sefer ha-Manhig by Abraham b. Nathan ha-Yarḥi
5. Or Zaruʾa by Isaac b. Moses (Riaz)
6. Codificatory Works by Naḥmanides (Ramban)
7. Sefer ha-Hashlamah by Meshullam b. Moses of Beziers
8. Sefer ha-Terumot by Samuel Sardi
9. Sefer Shibbolei ha-Leket by Zedekiah b. Abraham ha-Rofe
10. Sefer ha-Tanya
11. Sefer ha-Neyar
12. Shaʾarei Dura by Isaac b. Meir of Düren
13. Sefer ha-Mordekhai by Mordecai b. Hillel ha-Kohen
14. Piskei ha-Rosh by Asheri, and Its Commentaries
a. Piskei ha-Rosh
b. Commentaries on Piskei ha-Rosh
(1) Haggahot Asheri by Israel of Krems
(2) Peri Megadim et al. by Yom Tov Lipmann Heller
(3) Korban Netanel by Nethanel Weil
15. Sefer ha-Tashbeẓ by Samson b. Ẓadok and Sefer ha-Parnas by Moses Parnas of Rothenburg
16. Sefer Eẓ Hayyim by Jacob b. Judah Ḥazzan
17. Sefer Orḥot Ḥayyim by Aaron b. Jacob ha-Kohen
18. Safer Kol Bo
B. Books Organized on the Basis of an Enumeration of the Biblical Commandments
1. Sefer Yereʾim by Eliezer b. Samuel (Reʾem)
2. Sefer Miẓvot Gadol (Semag) by Moses of Coucy
3. Sefer Miẓvot Katan (Semak) by Isaac of Corbeil
4. Sefer ha-Ḥinnukh
C. Books Organized According to Idiosyncratic Criteria
1. Sefer ha-Ittur by Isaac of Marseilles
2. Sefer Meisharim and Toledot Adam ve-Ḥavvah by Rabbenu Jeroham b. Meshullam
D. The Codificatory Methodology of Solomon b. Abraham Adret (Rashba)
1. Torat ha-Bayit ha-Arokh, Torah ha-Bayit ha-Kaẓer and Other Codificatory Works by Rashba
2. Bedek ha-Bayit and Mishmeret ha-Bayit
II. Sefer ha-Turim by Jacob b. Asher
A. Jacob b. Asher’s Codificatory Methodology
B. The Structure and Organization of Sefer ha-Turim
III. Commentaries on Sefer ha-Turim
A. Bet Yosef by Joseph Caro and Darkhei Moshe by Moses Isserles (Rema)
B. Bet Yisraʾel by Joshua Falk
C. Bayit Ḥadash (Baḥ) by Joel Sirkes
D. Compilations of Responsa Arranged According to the Organization of Sefer ha-Turim
IV. Codificatory Literature from Sefer ha-Turim to the Shulḥan Arukh
Chapter 36 the codificatory literature: the works of joseph caro and moses isserles
I. Joseph Caro and His Codificatory Achievement
A. Historical and Halakhic Circumstances
B. A Two-Part Code: A Book of Halakhot and a Book of Pesakim,
C. Bet Yosef
1. Compendious Presentation of All the Halakhic Material
2. Methodology of Determining the Law
D. The Shulḥan Arukh
1. Codificatory Approach
2. Structure and Arrangement
3. Language and Style As Compared to the Turim and the Mishneh Torah,
E. The Crystallization of the Methodology for Codifying Jewish Law
II. Moses Isserles (Rema) and His Contribution to the Codificatory Literature
A. The Polish Jewish Community
B. Jacob Pollack and Shalom Shakhna, and Their Attitude toward Codification
C. Moses Isserles (Rema)
D. Darkhei Moshe: Its Purpose and Methodology
E. Torat Ḥalttat and Its Methodology
F. Glosses to the Shulḥan Arukh: The Mappah—Its Objectives and Methodology
G. The Shulḥan Arukh as the Authoritative Code of Jewish Law
Chapter 37 the codificatory literature: reactions to the shulḥan arukh, and its final acceptance
I. Introduction
II. The Eastern Countries
A. Joseph ibn Lev (Maharibal)
B. The Agreement of Two Hundred Rabbis to Caro’s Principle of Decision Making
C. Critiques of Specific Laws in the Shulḥan Arukh
1. Jacob Castro (Maharikash)
2. Samuel Aboab
3. Yom Tov Ẓahalon (Maharitaẓ)
D. The Acceptance of the Shulḥan Arukh
III. The Western Countries
A. Opposition to the Shulḥan Arukh without Proposing Any Alternative Type of Code
1. Ḥayyim b. Beẓalel
2. Judah Loew b. Beẓalel (Maharal of Prague)
3. Samuel Eliezer Edels (Maharsha) and Meir b. Gedaliah (Maharam of Lublin)
B. Opposition to the Shulḥan Arukh as Manifested by the Composition of Alternative Types of Codes
1. Solomon Luria (Maharshal)
2. Mordecai Jaffe
3. Yom Tov Lipmann Heller
C. Opposition to the Shulḥan Arukh as the Sole Basis for Legal Decisions; Commentaries on the Shulḥan Arukh
1. Joshua Falk
2. Joel Sirkes
IV. The Acceptance of the Shulḥan Arukh as the Definitive and Authoritative Code of Jewish Law
A. The Completion of the Codificatory Structure of the Shulḥan Arukh by Its Commentaries
B. Historical Circumstances as a Factor in the Acceptance of the Shulḥan Arukh
Chapter 38 the codificatory literature: commentaries on and codification after the shulḥan arukh
I. Introduction
II. Commentaries on Ḥoshen Mishpat
A. Sefer Meʾirat Einayim (Sema) by Joshua Falk
B. Turei Zahav (Taz) by David b. Samuel ha-Levi
C. Siftei Kohen (Shakh) by Shabbetai b. Meir ha-Kohen
D. Beʾer ha-Golah by Moses Rivkes
E. Urim ve-Thummim by Jonathan Eybeschütz
F. Beʾur ha-Gra by Elijah, Gaon of Vilna
G. Keẓot ha-Ḥoshen by Aryeh Leib Heller
H. Netivot ha-Mishpat by Jacob Lorbeerbaum
III. Commentaries on Even ha-Ezer
A. Turei Zahav (Taz) by David b. Samuel ha-Levi
B. Ḥelkat Meḥokek by Moses Lima
C. Bet Shemuʾel by Samuel Phoebus
D. Beʾer ha-Golah by Moses Rivkes
E. Beʾur ha-Gra by Elijah, Gaon of Vilna
F. Avnei Milluʾim by Aryeh Leib Heller
IV. Commentaries on Oraḥ Ḥayyim and Yoreh Deʾah
V. Responsa Compilations Arranged in the Topical Sequence of the Shulḥan Arukh
A. Panim Ḥadashot by Isaac Jesurun
B. Keneset ha-Gedolah by Ḥayyim Benveniste
C. Beʾer Heitev by Judah Ashkenazi and Zechariah Mendel b. Aryeh Leib
D. Leket ha-Kemaḥ by Moses Ḥagiz
E. Yad Aharon by Aaron Alfandari
F. Birkei Yosef by Ḥayyim Joseph David Azulai (Ḥida)
G. Matteh Shimʾon by Simon Mordecai Bekemoharar
H. Shaʾarei Teshuvah by Ḥayyim Mordecai Margolioth
I. Pitḥei Teshuvah by Abraham Eisenstadt
J. Oraḥ Mishpat by Raḥamim Elijah Ḥazzan
K. Darkhei Teshuvah by Ẓevi Hirsch Shapira and His Son Ḥayyim Eleazar Shapira
L. Qẓar ha-Posekim
M. Halakhah Pesukah
VI. Codificatory Literature after the Shulḥan Arukh
A. In General
B. Compilations of Tax Laws
1. Massa Melekh by Joseph ibn Ezra
2. Avodat Massa by Joshua Abraham Judah
3. Massa Ḥayyim by Ḥayyim Palache
C. Codificatory Literature Devoted Mainly to Religious Law
D. Arukh ha-Shulḥan by Jehiel Michal Epstein
E. Causes of the Decline of Codificatory Authority and Activity
F. The Problem of Codification at the Present Time
Chapter 39 the responsa literature
I. Introduction
II. Responsa in the Talmudic Literature
III. The Nature and Content of the Responsa Literature
A. The Distinctiveness of the Responsa Literature as Compared with the Other Types of Post-Talmudic Halakhic literature
B. The Special Significance and Weight of the Rulings in the Responsa
C. The Respondent as a Supreme Judicial Tribunal
D. Responsa and the Development of Jewish Law
E. Matters of Mishpat Ivri as the Major Subjects of the Responsa
F. The Magnitude of the Responsa Literature
G. Responsa as a Source for Knowledge of Enactments, Customs, Legal Documents, and Non-Jewish Law
H. Responsa on Questions of Textual Interpretation, Philosophy, and Religious Beliefs
I. Responsa as a Source for the History of Halakhic Literature
J. Responsa as a Historical Source
K. Responsa and Parallels in Other Legal Systems
IV. The Different Periods of the Responsa Literature
A. The Geonic Period
B. The Period of the Rishonim (Early Authorities)
1. The Nature and Content of the Responsa in the Period of the Rishonim
2. The Twelfth to Fourteenth Centuries
3. The Fifteenth Century
4. Summary
C. The Period of the Aḥaronim (Later Authorities) up to the End of the Eighteenth Century
1. The Nature and Content of the Responsa in the Period of the Aḥaronim
2. The Sixteenth Century
3. The Seventeenth Century
4. The Eighteenth Century
D. The Period of the Emancipation—the Nineteenth Century
1. Nature and Content of the Responsa of the Nineteenth Century and Thereafter
2. The Responsa in Different Jewish Centers
E. The Period of National Awakening, the Holocaust, and the Establishment of the Jewish State—the Twentieth Century
1. The Responsa Literature until the 1940s
2. The Responsa Literature in the 1940s and Thereafter
F. Summary
V. General Overview of the Methodology, Structure, and Form of the Responsa
A. The Questioners; Submission of Questions
B. The Structure, Form, Style, Transmittal, and Copying of the Question and Response
C. Fictitious Names of Persons and Places in the Responsa
D. Hypothetical Responsa; Terumat ha-Deshen
VI. Compilations of Responsa—Redaction and Organization
VII. Research in the Responsa; Digest of the Responsa Literature
Chapter 40 literature facilitating research in jewish law; compilations of legal documents, reference works
I. Introduction
II. Compilations of Legal Documents
A. Enactments
B. Legal Instruments (Shetarot)
1. Sefer ha-Shetarot [The Book of Legal Instruments] by Saadiah Gaon
2. Sefer ha-Shetarot by Hai Gaon
3. Sefer ha-Shetarot of Lucena, Spain
4. Sefer ha-Shetarot by Judah al-Bargeloni
5. Compilation of Legal Instruments in Maḥzor Vitry
6. Compilations in Sefer ha-Ittur and Yad Ramah
7. Compilations of Legal Instruments Used by English Jews in the Eleventh to Thirteenth Centuries
8. Legal Instruments used in Christian Spain in the Twelfth to Fifteenth Centuries
9. Tikkun Soferim [The Scribe’s Handbook] by Solomon b. Simeon Duran (Rashbash)
10. Tikkun Soferim by Moses Almosnino and Samuel Jaffe
11. Tikkun Shetarot by Eliezer Milli
12. The Compilation in Naḥalat Shivʾah by Samuel ha-Levi
13. Et Sofer [The Scribe’s Quill] by Jacob ibn Ẓur
14. Qẓar ha-Shetarot [A Treasury of Legal Instruments] by Asher Gulak
15. Legal Instruments Used in Spain and North Africa in the Eleventh to Fifteenth Centuries
III. Reference Works
A. Guidebooks
1. Seder Tannaim va-Amoraim [Chronicles of the Tannaim and Amoraim]
2. Iggeret Rav Sherira Gaon [The Epistle of Rabbi Sherira Gaon]
3. Mevo ha-Talmud [Introduction to the Talmud] by Samuel ha-Nagid of Egypt, Attributed to Samuel ha-Nagid of Spain
4. Maimonides’ Introduction to His Commentary on the Mishnah; The Introductions of Menahem Meiri to Bet ha-Beḥirah
5. Sefer Keritut by Samson of Chinon
6. Halikhot Olam by Joshua ha-Levi
7. Sheʾerit Yosef by Joseph ibn Verga
8. Kelalei ha-Gemara [Principles of the Gemara] by Joseph Caro
9. Kelalei ha-Talmud [Principles of the Talmud] by Beẓalel Ashkenazi
10. Yavin Shemuʾah by Solomon Algazi
11. Yad Malakhi by Malachi ha-Kohen
12. Guidebooks from the Nineteenth Century and Thereafter
B. Encyclopedias
1. Paḥad Yiẓḥak by Isaac Lampronti
2. Sedei Ḥemed by Ḥayyim Hezekiah Medini
3. Die Exegetische Terminologie der Jüdischen Traditionsliteratur [The Exegetical Terminology of the Literature of the Jewish Tradition] by Wilhelm Bacher
4. Mafteʾaḥ ha-Talmud [Key to the Talmud] by Jehiel Michal Guttmann
5. Enẓiklopedyah Talmudit [Talmudic Encyclopedia]
6. Halakhic Works Arranged Alphabetically
7. Mishpat Ivri Alphabetically Arranged by Subject
C. Biographies of Halakhic Authorities
1. Biographies According to Historical Periods
2. Biographies According to Geographical Areas
3. Biographies of Individual Authorities
4. Encyclopedias with Biographical Articles
D. Bibliographies
1. General Bibliographies
2. Bibliographies According to Type of Halakhic Literature
3. Bibliographies of Scholarly Literature on Mishpat Ivri
E. Lexicons
F. Books Explaining Abbreviations
G. Textual Variants
H. Concordances
I. Source References, Sayings, and Aphorisms
J. Scholarly Research in Mishpat Ivri
K. Journals and Periodicals on Mishpat Ivri
GLOSSARY

VOLUME IV PART FOUR
Jewish Law in the State of Israel
Chapter 41 introduction: jewish law from the abrogation of jewish juridical autonomy to the establishment of the state of israel
I. The Period of the Emancipation
A. Internal-Spiritual and External-Political Changes
B. The Change with Regard to the Hebrew Language
C. The Change in Attitude to Jewish Law
D. Warnings by the Halakhic Authorities at the Onset of the Change in Attitude to Jewish Law
E. The Abrogation of Juridical Autonomy and the Reconciliation of the Halakhic Authorities to the New Situation

F. The Continuation of Juridical Autonomy among the Jews of the Eastern Countries
G. Consequences of the Abrogation of Jewish Juridical Autonomy
II. The Era of National Awakening
A. Ha-Mishpat Ha-Ivri (Jewish Law) Society
B. Mishpat Ha-Shalom Ha-Ivri (The Jewish Court of Arbitration)
C. Jewish Law in the Rabbinical Courts in the Land of Israel
1. Establishment of the Chief Rabbinate and Setting the Course of Its Activity in the Area of Jewish Law
2. Judicial Procedure and the Law of Personal Status
3. Civil Law
D. The Religious Leadership and Jewish Law
E. Jewish Law and the Hebrew Language
1. The Restoration of the Hebrew Language as the Language of Daily Life
2. The Position of Jewish Law
III. On the Eve of the Establishment of the State of Israel
A. The Legal System under the British Palestine Mandate Immediately before the Establishment of the State of Israel
B. The Deliberations Regarding the Place of Jewish Law in the Legal System of the State of Israel
C. Proposals to Require Recourse to Jewish Law
Chapter 42 jewish law in the general legal system of the state of israel
I. The Official Position of Jewish Law and the Hebrew Language in the State of Israel
A. Section 11 of the Law and Administration Ordinance, 1948
B. The Hebrew Language
C. Dependence on English Law and Non-Recourse to Jewish Law
II. The Actual Position of Jewish Law in the State’s Legal System
III. Jewish Law in Legislation
A. The Two Legislative Periods
B. Legislative Policy
C. Legislation Based on Principles of Jewish Law
1. The First Legislative Period
a. Civil Law
(1) The Cooperative Houses Law
(2) Labor Law
(3) Imprisonment for Debt
b. Criminal and Public Law
(1) The Penal Law Revision (Bribery) Law
(2) The Defamation Law
(3) Immunity of Judges
(4) Laws Incorporating Basic Tenets of the Jewish Tradition
(5) The Law of Return
(6) The Basic Law: Israel Lands
c. Personal Status, Family, and Succession Law
(1) The Marriage Age Law
(2) The Woman’s Equal Rights Law
(3) The Family Law Amendment (Maintenance) Law
(4) The Capacity and Guardianship Law
(5) The Succession Law
(a) Provisions Generally Incorporating Jewish Law
(b) Provisions Not in Accord with Jewish Law
(6) Who Is a Jew?
2. The Second Legislative Period
a. The Bailees Law
b. The Unjust Enrichment Law
c. Admonition of Witnesses and Abrogation of the Witness Oath
d. The Crime Register and Rehabilitation of Offenders Law
e. Self-Help—The Land Law
f. Illegal Contracts
D. Legislation Contrary to Jewish Law
1. Suretyship—The Guarantee Law
2. The Gift Law
3. Limitation of Actions
E. Self-Sufficiency of the Law of the State of Israel
IV. Jewish Law in Israeli Judicial Decisions
V. Jewish Law in the Interpretation of Israeli Legislation
A. Problems of Statutory Interpretation and Interpretive Approaches to Israeli Legislation
B. The Proper Method of Interpreting Israeli Legislation
1. Value-Laden Legal Terms
2. Other Problems of Statutory Construction
3. Bank Kupat Am v. Hendeles—The First Hearing
Chapter 43 the law of personal status in the rabbinical and general courts: additional aspects of the problem of the status of jewish law in the law of the state of israel
I. Adjudication in Matters of Personal Status
A. Continuation of the Basic Allocation of Jurisdiction
B. The Nature of the Problems Discussed in This Chapter
II. The Law Applied by the Rabbinical Courts in Matters of Personal Status
A. Jewish Law
B. Statutes Mandating Their Application by the Rabbinical Courts
III. Application of the Jewish Law of Personal Status by the General Courts
A. Conflict of Laws
B. Evidence and Procedure
C. Privately Performed Marriages
1. Marriage Between a Kohen and a Divorcée
2. Marriages Permitted under the Halakhah
IV. The Weight Given by the General Courts to the Decisions of the Rabbinical Courts Interpreting Jewish Law
A. The Earnings of a Wife from Her Employment
B. The Rights and Obligations of Parents in the Education of Their Children
V. Legislation Contrary to Jewish Law—A Case Study of the Solution to a Problem
A. The Obligation of a Husband to Support His Wife as Affected by Her Income from Employment and from Her Property
B. Amendment of the Woman’s Equal Rights Law
VI. Differing Trends in Regard to the Employment of Legislation in the Rabbinical System
A. Decline in Legislation as an Instrument of Halakhic Creativity
B. The Rabbinical Court of Appeals—Accomplishments and Limitations
VII. Civil Law in the Rabbinical Courts
VIII. The Rabbinical Courts and the General Legal System of the State
A. The Wiloszni Case
B. The Nagar Case
Chapter 44 the foundations of law act, 1980
I. The Purpose and Meaning of the Foundations of Law Act
A. Repeal of Article 46 of the Palestine Order in Council
B. The Principles of the Jewish Heritage as a Part of the Positive Law of the Israeli Legal System
C. According Full Operative Force to the Fundamental Principles of the Israeli Declaration of Independence
D. Legislation, Judicial Precedent, Analogy
E. “A Legal Issue Requiring Decision”; Lacuna
F. The Principles of Freedom, Justice, Equity, and Peace of the Jewish Heritage
G. The Principles of the Jewish Heritage in the Decisions of the Courts
1. The Fundamental Rights of Detainees and Prisoners
2. Freedom from Detention
3. Freedom of Thought and Speech
4. Human Dignity and Equality
5. Attitude toward National and Religious Minorities
6. The Right of Privacy
7. Other Court Decisions Discussing the Principles of the Jewish Heritage
8. How the Sources of the Jewish Heritage Are to Be Used
II. The Interpretive Function of Jewish Law in the Israeli Legal System in Light of the Foundations of Law Act
A. Uncertainty as to the Meaning of a Statute—The Hendeles Case, Additional Hearing
B. The Interpretation of Value-Laden Legal Terms
C. Terms and Expressions Unique to Jewish Law
D. An Institution of Jewish Law Incorporated Into Israeli Law—The Koenig Case, Additional Hearing
III. The Foundations of Law Act, 1980, and the Incorporation of the English Statute of Elizabeth, 1571
IV. Conclusion
Chapter 45 the religious and cultural aspects of the question of the status of jewish law in the jewish state
I. In General
II. Jewish Law in the Independent Israeli Legal System from