Authors: Samuel Morell
ISBN-13: 9780761827078, ISBN-10: 0761827072
Format: Paperback
Publisher: The Rowman & Littlefield Publishing Group Inc
Date Published: January 2004
Edition: (Non-applicable)
This work investigates Rabbi David ibn Abi Zimra (Radbaz), a leading 16th century rabbinic authority who assumed the role of rendering _just_ decisions, which were occasionally at the expense of conventional law. The author explores Radbaz's decision-making in terms of his insight into the broader purposes of codified law, sensitivity, and overall rationality.
Rules of Transliteration | ix | |
Preface | xi | |
Introduction | 1 | |
Part 1 | ||
1. | The "Real World" and the Codified Law | 11 |
2. | Popular Practice and Legal Interpretation | 87 |
3. | The Role of Equity | 107 |
4. | Considerations of Public Policy | 129 |
5. | Sevara | 145 |
Conclusions from Part 1 | 169 | |
Part 2 | ||
6. | The Middle Way | 177 |
7. | The Place of the Master | 211 |
8. | "Grant That One Should Not Add to It" | 245 |
9. | Qim Li | 273 |
10. | "The Law is in Accordance with the Later Authorities" | 291 |
Conclusions from Part 2 | 303 | |
Biographies | 309 | |
Works Cited: Primary Sources | 319 | |
Works Cited: Secondary Sources | 325 | |
List of Cases | 331 | |
Index of Responsa | 333 | |
Index of Legal Issues | 337 | |
General Index | 343 |