Introducing English-speaking readers to the parameters and scope of rabbinic authority in general, and the workings of the institution of the beit din—the Jewish court of law—in particular, this book presents 10 rulings in cases of Jewish civil law that the author handed down as a member of a beit din panel. These decisions touch on matters pertaining to employment termination, tenure rights and severance pay, rabbinic contracts, issues in the not-for-profit boardroom, real estate brokerage commission, drafting a halakhic will, a revocable living trust agreement, the division of marital assets upon divorce, spousal abuse, and a father's duty to support his estranged children. Accompanying these presentations is an examination of the notion of rabbinic authority, the business judgment rule, and an agunah's ability to recover for the infliction of emotional stress.

This book presents for the first time the complete text of the earliest known Ladino-language memoir, transliterated from the original script, translated into English, and introduced and explicated by the editors. The memoirist, Sa'adi Besalel a-Levi (1820–1903), wrote about Ottoman Jews' daily life at a time when the finely wrought fabric of Ottoman society was just beginning to unravel. His vivid portrayal of life in Salonica, a major port in the Ottoman Levant with a majority Jewish population, thus provides a unique window into a way of life before it disappeared as a result of profound political and social changes and the World Wars. Sa'adi was a prominent journalist and publisher, one of the most significant creators of modern Sephardic print culture. He was also a rebel who accused the Jewish leadership of Salonica of being corrupt, abusive, and fanatical; that leadership, in turn, excommunicated him from the Jewish community. The experience of excommunication pervades Sa'adi's memoir, which documents a world that its author was himself actively involved in changing.

With the social and cultural upheavals of early modern Europe, rabbis had to fight to preserve Jewish tradition. Hakham Tsevi Ashkenazi, chief rabbi of Amsterdam, emerged as one of the leading halakhic authorities of the epoch, and the battles he waged would come to define rabbinic norms in the decades that followed.

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of politics and society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. Understanding this idea is a priority for scholars of Israel and for anyone with an interest in its future. The Invention of Jewish Theocracy is the first book in any language to trace the origins of the idea, to track its development, and to explain its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflict, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights

The major cultural, ideological, and social changes that have occurred in Europe in the past century have generated widespread reassessment of European history in terms of its presuppositions, its methodologies, its directions, its emphases, and its scope. This timely volume looks at the Jewish past in the spirit of this reassessment. It points to a new framework for the study of Jewish history and helps to contextualize it within the mainstream of historical scholarship.

In Law’s Dominion, Jay Berkovitz offers a novel approach to the history of early modern Jewry. Set in the city of Metz, on the Moselle river, this study of a vibrant prerevolutionary community draws on a wide spectrum of legal sources that tell a story about community, religion, and family that has not been told before. Focusing on the community’s leadership, public institutions, and judiciary, this study challenges the assumption that Jewish life was in a steady state of decline before the French Revolution. To the contrary, the evidence reveals a robust community that integrated religious values and civic consciousness, interacted with French society, and showed remarkable signs of collaboration between Jewish law and the French judicial system. In Law’s Dominion, Jay Berkovitz has gathered and meticulously mined a dazzling array of rich and complex rabbinic texts and records from Western Europe during the early modern period, including the pinkas of the rabbinic court of Metz that he previously rescued from oblivion. What emerges is a remarkably fresh depiction and incisive comparative treatment of central aspects of Jewish law, religion and family, which will have far-reaching ramifications for all future studies in these disciplines. -Ephraim Kanarfogel, E. Billi Ivry University Professor of Jewish History, Literature, and Law at Yeshiva University

In September 1791, two years after the Revolution, French Jews were granted full rights of citizenship. Scholarship has traditionally focused on this turning point of emancipation while often overlooking much of what came before. In Rites and Passages, Jay R. Berkovitz argues that no serious treatment of Jewish emancipation can ignore the cultural history of the Jews during the ancien régime. It was during the late seventeenth and eighteenth centuries that several lasting paradigms emerged within the Jewish community—including the distinction between rural and urban communities, the formation of a strong lay leadership, heightened divisions between popular and elite religion, and the strain between local and regional identities. Each of these developments reflected the growing tension between tradition and modernity before the tumultuous events of the French Revolution. Rites and Passages emphasizes the resilience of religious tradition during periods of social and political turbulence. Viewing French Jewish history through the lens of ritual, Berkovitz describes the struggles of the French Jewish minority to maintain its cultural distinctiveness while also participating in the larger social and economic matrix. In the ancien régime, ritual systems were a formative element in the traditional worldview and served as a crucial repository of memories and values. After the Revolution, ritual signaled changes in the way Jews related to the state, French society, and French culture. In the cities especially, ritual assumed a performative function that dramatized the epoch-making changes of the day. The terms and concepts of the Jewish religious tradition thus remained central to the discourse of modernization and played a powerful role in helping French Jews interpret the diverse meanings and implications of emancipation. Introducing new and previously unused primary sources, Rites and Passages offers a fresh perspective on the dynamic relationship between tradition and modernity.

This collection is an introductory historical survey and selective cultural analysis of the development, coalescence, and eventual waning of a diasporic civilization—that of the Jews of the early modern period (ca. 1391–1789) in Europe, the Ottoman Empire, and key nodes of the Iberian Empires in the Americas. Each chapter explores key factors that shaped both distinctive early modern Jewish communities and a remarkably coalescent and far broader community-of-communities. The contributors engage and answer the following questions: What do historians mean by “early modernity,” and to what extent does the concept illuminate the history and culture(s) of Jews from the end of the Middle Ages to the Enlightenment? What were the general demographic contours of the Jewish diaspora over this period and how did they change? How did culture, politics, technology, economics, and gender shape diasporic Jewish communities across eastern and western Europe and the New World over the course of some 400 years? Ultimately, the work renders a portrait of coherence and diversity, continuity and discontinuity, in early modern Jewish life within and across temporal and geographic boundaries. Early Modern Jewish Civilization is essential reading for all students of Jewish history and civilization and early modern history more broadly.

Jewish philosophy is often presented as an addendum to Jewish religion rather than as a rich and varied tradition in its own right, but the History of Jewish Philosophy explores the entire scope and variety of Jewish philosophy from philosophical interpretations of the Bible right up to contemporary Jewish feminist and postmodernist thought. The links between Jewish philosophy and its wider cultural context are stressed, building up a comprehensive and historically sensitive view of Jewish philosophy and its place in the development of philosophy as a whole. Includes: · Detailed discussions of the most important Jewish philosophers and philosophical movements · Descriptions of the social and cultural contexts in which Jewish philosophical thought developed throughout the centuries · Contributions by 35 leading scholars in the field, from Britain, Canada, Israel and the US · Detailed and extensive bibliographies