scholarly journals Kobiece micwot – rola i pozycja kobiety w świetle religijnego prawa żydowskiego

2021 ◽  
pp. 17-39
Author(s):  
Szoszana Keller
Keyword(s):  
Jewish Life ◽  
Jewish Tradition ◽  
Jewish Law ◽  
Traditional Society ◽  
Jewish Women ◽  
Religious Law ◽  
The Family ◽  
Family Purity

Women’s Mitzvot: The Role and Position of Women in the Light of the Jewish Religious Law It is not possible to understand the history and present day of Jewish women without placing them in the Jewish tradition, resulting mainly from religion which for centuries was the foundation of Jewish life, regulating its finest aspects. The article describes how the regulations of the religious Jewish law, halakha, determine the place of Jewish women in traditional society, and how the resulting adjustments relate to Jews according to gender. The analysis covers three so-called special women’s mitzvot, i.e. the lighting of the Sabbath lights, the separation of the challah, and the observance of the laws related to the family purity, as well as the resulting positioning of women within a clear apportionment into female−male, public−domestic, or culture−nature.

scholarly journals JEWISH LAW, STATE, AND SOCIAL REALITY: PRENUPTIAL AGREEMENTS FOR THE PREVENTION OF DIVORCE REFUSAL IN ISRAEL AND THE UNITED STATES

2018 ◽  
Vol 33 (1) ◽  
pp. 61-88
Author(s):  
Amihai Radzyner
Keyword(s):  
United States ◽  
Jewish Woman ◽  
Main Tool ◽  
The United States ◽  
Western World ◽  
Jewish Law ◽  
State Law ◽  
Jewish Women ◽  
The Common ◽  
Official Status

AbstractRabbinical courts in Israel serve as official courts of the state, and state law provides that a Jewish couple can obtain a divorce only in these courts, and only strictly according to Jewish law. By contrast, in the Western world, especially the United States, which has the largest concentration of Jews outside of Israel, the Jewish halakha is not a matter of state law, and rabbinical courts have no official status. This article examines critically the common argument that for a Jew committed to the halakha, and in particular for a Jewish woman who wants to divorce her husband, a state-sponsored halakhic system is preferable to a voluntary one. This argument is considered in light of the main tool that has been proven to help American Jewish women who wish to obtain a halakhic divorce from husbands refusing to grant it: the prenuptial agreement. Many Jewish couples in the United States sign such an agreement, but only a few couples in Israel do so, primarily because of the opposition of the rabbinical courts in Israel to these agreements. The article examines the causes of this resistance, and offers reasons for the distinction that exists between the United States and Israel. It turns out that social and legal reality affect halakhic considerations, to the point where rabbis claim that what the halakha allows in the United States it prohibits in Israel. The last part of the article uses examples from the past to examine the possibility that social change in Israel will affect the rulings of rabbinical courts on this issue.

scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

Polin: Studies in Polish Jewry Volume 11

1998 ◽  
Keyword(s):  
United States ◽  
New York ◽  
Jewish Life ◽  
Religious Tradition ◽  
The United States ◽  
Jewish Tradition

Addressing various aspects of Jewish life and religion, particularly in the last two centuries, this book examines different aspects of the Hasidic tradition; present-day contacts between Bobower Hasidism in New York and Bobowa in Poland; and how a rabbi trained in the Lithuanian tradition adapted to the very different conditions of the United States. The modifications of Jewish religious tradition practiced in the modern pre-war synagogues in Warsaw, Lódz, and Lwów are considered, as is the attempt by Hillel Zeitlyn to re-interpret Jewish tradition in the interwar years.

They Sure Will Be of Minority Groups

2018 ◽  
pp. 112-135
Author(s):  
Samira K. Mehta
Keyword(s):  
Minority Groups ◽  
Jewish Life ◽  
The Other ◽  
Jewish Communities ◽  
American Jewish Life ◽  
The Family ◽  
American Jewish ◽  
The One

Interfaith families that are also interracial are less able to seamlessly fit into “mainstream” American Jewish life, which is dominated by Ashkenazi culture and racially coded as white. On the one hand, this can make interactions in Jewish communities more challenging. On the other, these families are often given more freedom and flexibility for including traditions from the Christian side of the family than their white interfaith counterparts.

Love and Family

2010 ◽  
pp. 26-55
Author(s):  
Shaul Stampfer
Keyword(s):  
Social Environment ◽  
Family Life ◽  
Jewish Life ◽  
Jewish Family ◽  
East European ◽  
The Family ◽  
The Subject ◽  
Marriage Formation ◽  
Broad Subject ◽  
European Jewish

This chapter examines the subject of love and the family within east European Jewish life. In the nineteenth century, almost every aspect of Jewish life was transformed in one way or another. The structures of Jewish family life in eastern Europe and the place of love and affection in these frameworks were no exceptions. However, to a greater degree than many today realize, there was also a great deal of continuity between what was accepted in traditional Ashkenazi Jewish family life and in the lives of their descendants. In some cases, the attention given to atypical lives of famous and exceptional individuals has led to a skewed picture of the past. Similarly, superficial views of traditional family dynamics have created a distorted picture of what life was like in traditional east European Jewish society. Looking at love and family life in their fullness and as part of the general social environment is one of the best ways to correct these errors and to arrive at a balanced view of realities and developments. Because marriage and love within the context of family life is a very broad subject, the chapter focuses on four major topics: courtship and marriage formation; marital roles and expectations; parenthood; and remarriage.

Гендер в системе воспитания калмыков

2020 ◽  
pp. 142-150
Author(s):  
Marina E. Tyumidova ◽  
◽  
Mergen S. Ulanov ◽  
Keyword(s):  
Gender Differences ◽  
Significant Role ◽  
Moral Values ◽  
Traditional Society ◽  
Cultural Traditions ◽  
Gender Differentiation ◽  
Spiritual Culture ◽  
The Family

The article analyzes the gender differences in children upbringing in the Kalmyk traditional society. The Kalmyk children upbringing system was determined by the nomad way of living and distinctive household culture. A family was a bearer of the ethnic and cultural traditions and customs. A significant role in the development of moral values of the Kalmyk people was given to religious views, Buddhism in particular, which was the dominating factor in the shaping of the mentality and spiritual culture of the Kalmyk ethnos. Kalmyk children as a rule were brought up in traditional patriarchal families with the distinct gender differentiation. Since the old days, the task of every Kalmyk family was to bring up a real man, who was the breadwinner and owner, who had an indisputable authority in the family. The upbringing of a daughter was the responsibility of a mother who in compliance with the national traditions had to teach her daughter all the skills of being a good housewife. The Kalmyk national customs were not strict towards women compared to the traditions of other Oriental nations. A woman was well regarded in the Kalmyk society.

scholarly journals Giorgio Agamben—A Modern Sabbatian? Marranic Messianism and the Problem of Law

Religions ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 24
Author(s):  
Piotr Sawczyński
Keyword(s):  
Walter Benjamin ◽  
Jewish Tradition ◽  
Jewish Law ◽  
Giorgio Agamben ◽  
Radical Critique

The article analyzes the influence of the kabbalistic doctrine of Sabbatianism on the messianic philosophy of Giorgio Agamben. I argue against Simon Critchley that Agamben’s critique of the sovereign law is not inspired by Marcion’s idea of the total annihilation of law but by Sabbatai Zevi’s project of deactivating its repressive function. I further argue that Agamben also adopts the Sabbatian idea of Marranic messianism, which makes him repeatedly contaminate the Jewish tradition with foreign influences. Although this strategy is potentially fruitful, it eventually leads Agamben to overemphasize antinomianism and problematically associate all Jewish-based messianism with the radical critique of law. In the article, I demonstrate that things are more complex and even in the openly antinomian works of Walter Benjamin—Agamben’s greatest philosophical inspiration—Jewish law is endued with some emancipatory potential.

Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Child Custody ◽  
Jewish Law ◽  
Best Interest ◽  
Stage Of Development ◽  
Parents And Children ◽  
Custody Of Children ◽  
The Family ◽  
Dominant Tendency ◽  
The Relationship ◽  
Explicit Rule

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

scholarly journals Early Engagements with the Constitutive Laws of Others: Possible Lessons from Pre-Modern Religious Law

2016 ◽  
Vol 10 (1) ◽  
pp. 71-108 ◽  
Author(s):  
Ran Hirschl
Keyword(s):  
Constitutional Law ◽  
Constitutive Laws ◽  
Jewish Law ◽  
New Horizons ◽  
Foreign Law ◽  
Religious Law ◽  
External Sources ◽  
Interdisciplinary Inquiry ◽  
Legal Concepts ◽  
Rich History

Abstract Constitutional law and religious law are often portrayed as diametrically opposed domains. While there are obvious foundational differences between the two domains, the simplistic portrayal of religious law as altogether irrelevant to contemporary discussions about engagement with the laws of others provides an all-too-easy excuse for contemporary constitutional discourse to blind itself to religious law’s rich history and doctrinal innovation. Alongside other possible new horizons of interdisciplinary inquiry, religious law may provide a fertile terrain for placing contemporary debates in (comparative) constitutional law in a broader context. In particular, few authors have paid close attention to the potential value of legal concepts developed within religious law to meeting the challenge of encounters with foreign law. Even fewer have drawn analogies between the effect of extra-doctrinal factors on interpretation in the two domains. The poignant dilemmas of rejection of or interaction with foreign law yearn for thorough and prompt cross-disciplinary analysis, as their relevance to contemporary constitutional law comes to echo their historic importance in religious law. In this article, I explore elements of early engagement with the constitutive laws of others along two lines: (i) various doctrinal innovations in pre-modern religious law, particularly Jewish law, in respect to engagement with the laws of others; (ii) earthly motivations for change to religious law’s treatment of external sources and practices. I conclude by suggesting that the current liberal constitutional canon’s hostility toward religion, in particular its simplistic portrayal of religion as a monolithically “traditional,” “particularist,” “backward” and outdated domain runs the risk of throwing out the baby (religious law) with the bathwater (religion).

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