Democracy And Halakhah

Eliezer Schweid in Democracy and the Halakhah analyzes the writings of Rabbi Haim Hirschensohn, one of the early Hebrew cultural pioneers who laid the foundation for the Zionist enterprise. Born in Safed Eretz Israel in 1857, Hirschensohn was pushed out of the fanatic Ashkenazi religious community and ended up as an Orthodox rabbi in Hoboken, New Jersey. His writings focus on finding a philosophic basis that could reconcile the Torah with the transformation forced upon the Jewish people by modernity so as to come out with a coherent systematic system of political thought that could encompass both. Co-published with the Jerusalem Center for Public Affairs.

This volume is the latest addition to the ongoing 'Orthodox Forum Series'. This collection ofessays is devoted to exploring three related issues that have received public attention following the assassination of Prim Minister Yitzhak Rabin. The first of these topics is the strengths and weaknesses of democracy, the second is tolerance toward others, and the third is the legitimacy of dissent.

"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--

Halakha and the Challenge of Israeli Sovereignty examines the issues surrounding national, political, and religious sovereignty from the vantage point of halakha and its evolution. The work analyzes the efforts of the interpretative communities who adhered to halakha—the rabbinical authorities—as well as other groups who endeavored to help or to change it: the Jewish jurists in Eretz Israel who sought to integrate sections of halakha into the Jewish collective; and the religious academics who wanted more meaningful recognition of halakha in non-halakhic values. The assessment extends from the beginning of the Jewish national movement in the last two decades of the 19th century to the first two decades of the State of Israel, when weighty problems arose that required a halakhic response to the challenge of sovereignty. In this, the volume sheds light on the pliable nature of the concept of halakha, particularly in conjunction with its application to the notion of sovereignty.

How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.