THE FREEHOF INSTITUTE OF PROGRESSIVE HALAKHAH The Freehof Institute of Progressive Halakhah is a creative research center devoted to studying and defining the progressive character of the halakhah in accordance with the principles and theology of Reform Judaism. It seeks to establish the ideological basis of Progressive halakhah, and its application to daily life. The Institute fosters serious studies, and helps scholars in various portions of the world to work together for a common cause. It provides an ongoing forum through (...) symposia, and publications including the quarterly newsletter, HalakhaH, published under the editorship of Walter Jacob, in the United States. The foremost halakhic scholars in the Reform, Liberal, and Progressive rabbinate along with some Conservative and Orthodox colleagues as well as university professors serve on our Academic Council. This collection of essays is the product of the symposia held in Atlanta and Pittsburgh in 1995 and 1996. This book follows the volumes DYNAMIC JEWISH LAW; Progressive Halakhah - Essence and Application (1991), RABBINIC -LAY RELATIONS IN JEWISH LAW (1993), CONVERSION TO JUDAISM IN JEWISH LAW (l994), DEATH AND EUTHANASIA INJEWISH LAW (1995) and THE FETUS AND FERTILITY IN JEWISH LAW (1995), ISRAEL AND THE DIASPORA IN JEWISH LAW (1997). It is part of a series whose subjects are diverse and the approaches taken by the authors are equally so. We wish to encourage wide ranging discussions of contemporary and historic themes. (shrink)

Ḥeleḳ Rishon, kerekh 1. Teshuvot ha-shayakhot le-Miḳra Midrash ṿe-deʻot ṿe-tsoraf la-hen Sefer Minḥat ḳenaʼot le-R. Aba Mari de-Lunil [Haḳdamah-pereḳ 37] -- Ḥeleḳ Rishon, kerekh 2. Miḳra Midrash ṿe-deʻot Teshuvot ha-shayakhot le-Miḳra Midrash ṿe-deʻot ṿe-tsoraf la-hen Sefer Minḥat ḳenaʼot le-R. Aba Mari de-Lunil [pereḳ 38-pereḳ 127] -- Ḥeleḳ sheni. Teshuvot ha-shayakhot le-Masekhet Berakhot ṿe-Seder Zeraʻim -- Ḥeleḳ shelishi. Teshuvot ha-shayakhot le-Masekhet Shabat ṿe-ʻEruvin.

-- -- ḥeleḳ 3. Midot ṿe-hanhagot. Shut ha-minhag ka-halakhah.

ḥeleḳ rishon. Sheʼelot u-teshuvot be-ʻinyanim shonim mi-toratenu ha-ḳedoshah shebi-khetav ṿeshe-be-ʻal peh -- ḥeleḳ sheni. Leḳet mikhtavim u-maʼamarim le-ḥizuḳ ṿe-hitʻorerut ba-ʻavodat ha-Shem yitbarakh -- ḥeleḳ shelishi. Leḳet mikhtavim me-a.m. ṿe-r. ha-Rav Ḥayim Shaʼul z. l.l. h.h. Grainiman baʻal ha-ḥidushim u-veʼurim".

ḥeleḳ 1. Oraḥ ḥayim. Mikhtavim -- ḥeleḳ 2. Hadrakhot be-ʻinyene Talmud-Torah ṿe-ḥinukh ... -- ḥeleḳ 3. Liḳuṭim, mikhtavim --.

Toldot adam 3 -- Bet ha-midot -- Sheʼelot u-teshuvot.

We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that the ethical (...) class='Hi'>responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`). (shrink)

Doctors have been treating infectious diseases for hundreds of years, but the risk they and other medical professionals are exposed to in an epidemic has always been high. At the front line of the present war against COVID-19, medical teams are endangering their lives as they continue to treat patients suffering from the disease. What is the degree of danger that a medical team must accept in the face of a pandemic? What are the theoretical justifications for these risks? This (...) article offers answers to these questions by citing opinions based on Jewish ethical thought that has been formulated down through the ages. According to Jewish ethics, the obligation to assist and care for patients is based on many commandments found in the Bible and on rulings in the Responsa literature. The ethical challenge is created when treating the sick represents a real existential danger to the caregivers and their families. This consideration is relevant for all dangerous infectious diseases and particularly for the coronavirus that has struck around the world and for which there is as yet no cure. Many rabbis over the years have offered the religious justifications for healing in a general sense and especially in cases of infectious diseases as they have a bearing on professional and communal obligations. They have compared the ethical expectations of doctors to those of soldiers but have not sanctioned taking risks where there is insufficient protection or where there is a danger to the families of the medical professionals. (shrink)

: This paper examines the main Jewish sources relevant to end-of-life ethics, two Talmudic stories, the early modern code of law (Shulhan Aruch), and contemporary Halakhaic (religious law) responsa. Some Orthodox rabbis object to the use of artificial life support that prolongs the life of a dying patient and permit its active discontinuation when the patient is suffering. Other rabbis believe that every medical measure must be taken in order to prolong life. The context of the discussion is the (...) recent release of the "Steinberg Report," which proposes a law regulating end-of-life issues in Israel. It is argued that the Orthodox rabbis base their views on a strongly positivist concept of the religious law. The rabbis deliberate the law as a manifestation of the will of God and try to stretch the law as much as possible in order to benefit the patient, even when it is good for the patient to die. Direct and active actions that kill are prohibited; certain forms of passive euthanasia and contrivances that terminate life support without needing direct human action are accepted. (shrink)

Duas das principais controvérsias que têm ocupado aqueles que se dedicam à teoria aris- totélica do movimento animal são a controvérsia acerca da forma da cognição através da qual um animal irracional apreende um objeto como um objeto de desejo e a controvérsia acerca da função desempenhada pela cognição na explicação aristotélica dos movimentos voluntários de locomoção animal. Neste artigo, eu apresento uma teoria acerca das formas como o desejo e a cognição se articulam na teoria aristotélica segundo a qual (...) um animal irracional apreende um objeto como um objeto de desejo através da percepção incidental deste objeto e, ao contrário do que a maioria parece acreditar, esta percepção não tem sempre a mesma função na produção destes movimentos. Se o que for dito aqui estiver correto, em alguns casos esta percepção é responsável tanto pela geração do desejo quan- to pela sua orientação, mas em outros ela é responsável apenas pela sua orientação. (shrink)

The Jewish Law (Halakahh) is probably the older legal system working in our time. It is established on a hierarchy of different texts. The oldest and more authoritative is the Torah (the five books of Moshe), then come the Mishnah, the Talmud, the compilation as Maimonide’s Mishne Torah and Caro’s Shulchan Arukh, then the responsa of the rabbis. While the authorship of the later texts is more or less clear, the one of the Torah is highly problematic, also in (...) the self-understanding of Jewish hermeneutics. This question is discussed in the present paper not from a philological-historical point of view, but from a semiotic one, trying to understand what devices and regimes of enunciation are enacted by the text in order to establish its semiotic-juridical effects. A special double enunciation frame is proposed as the mark of the legislative power in the text, in correlation with another textual device, a sort of divine “signature”. The further evolution of the authorship of the Jewish Law is discussed in its relation with the question of the autonomy in the interpretation of the sacred text. (shrink)

Throughout history the image of the non-Jew in Judaism has profoundly influenced the way in which Jews interact with non-Jews. It has also shaped the understanding that Jews have of their own identity, as it determines just what distinguishes them from the non-Jews around them. A crucial element in this is the concept of Noahide law, understood by the ancient rabbis and subsequent Jewish thinkers as incumbent upon all humankind, unlike the full 613 divine commandments of the Torah, which are (...) incumbent on Jews alone. The approach adopted in this now classic study is to consider the history of the idea of Noahide law, and to show how the concept is relevant to practical discussions of the halakhah pertaining to non-Jews and to relations between Jews and non-Jews. The seven chapters that make up the first part of the study examine each of the Noahide laws in turn, with a view to showing their halakhic development in the rabbinic sources, in the codes, and in the responsa literature. The discussion draws primarily on classical texts by traditional commentators as they attempt to deal with living issues from the rabbinic world as equally vital concerns in their own time. The second part deals with the theory of Noahide law, concluding with a consideration of why it is an appropriate starting point for Jewish philosophy today. (shrink)

ABSTRACTIn Jewish tradition, expectations of the ideal teacher are very high, especially because the teacher is a role model for the next generation. So how does one become an ideal teacher? What is the proper image of a teacher according to Jewish ethics? The present paper is an attempt to answer a series of questions about what makes an ideal teacher based on an analysis of hundreds of texts, including halachic rulings and responsa as well as documents that outline (...) various communities’ guidelines and demands. The Jewish texts make up the ethic mosaic that profiles the ideal teacher, who must work with the students as well as with their families. In view of the importance of the education as it has been understood by arbiters throughout the ages, we can appreciate why there should be zero tolerance for mistakes and inadequacies. (shrink)

Classical rabbinic texts -- Bible and biblical commentaries -- Codes and their cognates -- Responsa.

Within the long tradition of halakhic stares decisis, or Jewish responsa literature, one can find no more intricate a weave of law and philosophy than that crafted by the twelfth century Jewish jurist and philosopher, Moses Maimonides, in response to an existential query by Ovadyah, a Muslim convert to Judaism. Ovadyah's conversion raised particular concerns within the realm of institutionalized prayer and the rabbinically standardized texts that were its mainstay. The liturgy that had evolved was replete with ethnocentric expressions (...) that rendered it highly resistant to the entry of outsiders anxious to become full-fledged members of the club. How can the convert utter the phrase “God of our fathers” when his biological ancestry belies its pronouncement? What right does he have to lay claim to a divine election, “who chose us,” which was motivated by a preference for one “nation” over others? Can he appeal to a God who is particularized as a national liberator, “who took us out of Egypt,” when enslavement and exodus were confined to a specific locale and time within a national historical consciousness? And finally, God's intrusion into history on Israel's behalf “who performed miracles for our fathers,” is a shared collective memory about which the convert cannot reminisce. This was no mere halakhic question as to whether he could legitimately adopt these communal liturgical expressions. Ovadyah was also posing a deep existential suspicion that he would never be able to consider himself an authentic insider of the religious community he had joined, in all likelihood, at great personal risk. (shrink)

Within the long tradition of halakhic stares decisis, or Jewish responsa literature, one can find no more intricate a weave of law and philosophy than that crafted by the twelfth century Jewish jurist and philosopher, Moses Maimonides, in response to an existential query by Ovadyah, a Muslim convert to Judaism. Ovadyah's conversion raised particular concerns within the realm of institutionalized prayer and the rabbinically standardized texts that were its mainstay. The liturgy that had evolved was replete with ethnocentric expressions (...) that rendered it highly resistant to the entry of outsiders anxious to become full-fledged members of the club. How can the convert utter the phrase “God of our fathers” when his biological ancestry belies its pronouncement? What right does he have to lay claim to a divine election, “who chose us,” which was motivated by a preference for one “nation” over others? Can he appeal to a God who is particularized as a national liberator, “who took us out of Egypt,” when enslavement and exodus were confined to a specific locale and time within a national historical consciousness? And finally, God's intrusion into history on Israel's behalf “who performed miracles for our fathers,” is a shared collective memory about which the convert cannot reminisce. This was no mere halakhic question as to whether he could legitimately adopt these communal liturgical expressions. Ovadyah was also posing a deep existential suspicion that he would never be able to consider himself an authentic insider of the religious community he had joined, in all likelihood, at great personal risk. (shrink)

Rev. Kevin Flannery, SJ, has helpfully drawn attention to some key sources for magisterial teaching on “vital conflicts,” where interventions to save a mother’s life would involve or lead to the death of her unborn child. However, former responsa by the Holy Office on this topic from 1884 to 1902 need to be interpreted carefully and understood in relation to the context of the time. Recent teaching has indeed clarified that the condemnation of direct abortion is de fide. Nevertheless, (...) in the last forty years, the magisterium has, de facto, tolerated debate among faithful Catholic scholars over the ethics of craniotomy. Appeal to former magisterial teaching is not sufficient to settle this contemporary debate over what constitutes direct abortion. National Catholic Bioethics Quarterly 14.1 : 81–104. (shrink)

Judaism is a religion and a way of life that combines beliefs as well as practical commandments and traditions, encompassing all spheres of life. Some of the numerous precepts emerge directly from the Torah (the Law of Moses). Others are commanded by Oral Law, rulings of illustrious Jewish legal scholars throughout the generations, and rabbinic responsa composed over hundreds of years and still being written today. Like other religions, Judaism has also developed unique symbols that have become virtually exclusive (...) to it, such as the Star of David and the seven-branched menorah. This book argues that Judaism impacts human geography in significant ways: it shapes the environment and space of its believers, thus creating a unique "Jewish geography.". (shrink)

Marginalization has emerged as a powerful and central theme in the history of Germany in the later Middle Ages. In many ways, Jews appear to have been the quintessential marginalized people – the victims of restrictive legislation, theological demonization, expulsions, violent attacks, and pogroms. Recent scholarship suggests that the position of the Jews in late medieval and early modern Germany may be more complex, and at times more constructive, than once thought. This article, therefore, suggests that the notion of marginalization (...) can be usefully applied not only to the issue of Jewish and Christian relations but also to the internal dynamics of the late medieval German Jewish community itself. Considering who was marginalized, for what reasons, and in what ways can tell us a great deal about the needs and concerns of late medieval Jews and Jewish communities. (shrink)

Journal of Religious Ethics, Volume 50, Issue 1, Page 21-39, March 2022.

RESUMO O artigo propõe uma leitura do trabalho do teórico pós-colonial Edward Said por meio de um olhar bakhtiniano. Ainda que Said e Bakhtin tenham se engajado de forma diferente na política de suas respectivas épocas e que tivessem ideias distintas sobre a relação entre ética e política, seus escritos abrangentes têm sido adaptados e suas ideias apropriadas por estudiosos em diferentes áreas - com frequência, as mesmas. Eles compartilharam a paixão pelo diálogo, explorando a alteridade e a exotopia, e (...) acreditando na responsa-habilidade. O que o romance era para Bakhtin, o pianismo era para Said, como crítico musical. Said nunca desempenhou o papel de guia do consumidor ou de guardião. Era antes o par crítico ou o professor que atribui menções. A variedade de possíveis respostas do público sempre condicionou as suas. Em toda sua vida musical Said pensou como Bakhtin, talvez sem saber disso. As críticas musicais de Said eram, por definição, respostas ou réplicas. Eram híbridas, narrações e transmissões bivocais, mas também apropriações, como eram os romances aos olhos de Bakhtin. Os escritos de Said sobre música foram analisados à luz de vários conceitos-chaves de Bakhtin: dialogismo, endereçamento, responsa-habilidade e o papel do contexto.ABSTRACT The article reads the work of the postcolonial theorist Edward Said through a Bakhtinian lens. Although Said and Bakhtin engaged differently with the politics of their time and had different ideas on the relationship between ethics and politics, their wide-ranging writings have been adapted and their ideas appropriated by scholars in many different fields-often the same ones. They shared a passion for dialogue, for exploring otherness and outsidedness, and for believing in response-ability. What the novel was to Bakhtin, pianism was to Said, the music reviewer. Said never played the role of consumer guide or gate-keeper. He was more the peer reviewer or the grade-assigning professor. The multiple possible responses of the audience always conditioned his own. Said thought like Bakhtin all his musical life, perhaps without knowing it. Said's music reviews are, by definition, responses or rejoinders. They are hybrid, double-voiced narrations and transmissions, but also appropriations, as was the novel, in Bakhtin's eyes. Said's writings on music are analyzed in light of several key Bakhtinian concepts: dialogism, addressivity, response-ability, and the role of context. (shrink)

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern responsa, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law.

Resumen En general la disputa entre Gassendi y Descartes ha sido tratada desde el punto de vista cartesiano y, en ese contexto, nuestro artículo se centra en la filosofía de Gassendi. Buscamos un modo para entender la lógica o la estrategia de las objeciones gassendianas, tratando de mostrar los supuestos filosóficos que operan bajo las críticas a Descartes. Junto con ello, mostraremos parte de la recepción contemporánea de la polémica y explicaremos los tópicos más problemáticos adoptados por Gassendi relativos al (...) método y las asunciones relativas a la sustancia. Para cumplir estos objetivos, estudiaremos las objeciones de Gassendi a Descartes en las Quintas Objeciones a las Meditaciones Metafísicas y, también, en la Disquisitio metaphysica seu dubitationes et instantiae adversus Renati Cartesii metaphysicam et responsa, obra publicada por Gassendi en 1644.The quarrel between Pierre Gassendi and René Descartes has been treated generally from the Cartesian perspective, but our work focuses on Gassendi’s philosophy instead. In this sense, we want to find a more comprehensive way to integrate the internal logic that articulated Gassendi’s objections. We will try to show the contemporary reception and the logic of his philosophical assumptions or the strategy that operates under these objections. Besides, we will explain the contemporary reception of this polemic and the main critical issues adopted by Gassendi about “method” and “substance”. To accomplish these tasks, we will study Gassendi’s objections to the Meditations on first philosophy, as well as the Disquisitio metaphysica seu dubitationes et instantiae adversus Renati Cartesii metaphysicam et responsa, a work published by Gassendi in 1644. (shrink)

Ḥelek 2. Toroto shel Rabenu bi-lesh. ha-ḳ. ... maʼamarim shonim be-Idish ... sheʼelot u-teshuvot ba-ʻavodat ha-Sh. yit ... shivḥo shel tsadiḳ.