In this fourth volume of his groundbreaking series on rabbinic authority in English, Rabbi Warburg discusses the ramifications of the family and the child's welfare, as well as the case of the modern day agunah, a wife who is unable to get divorced due to her husband's recalcitrance.

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.

In the third volume of his groundbreaking series on rabbinic authority in English, Rabbi Warburg discusses the ramifications of a Jewish divorce. In this well-composed monograph, Rabbi Warburg primarily focuses on the case of the modern day agunah, a wife who is unable to get divorced due to her husband's recalcitrance. He addresses the various techniques, such as obligating the giving of a get (Jewish divorce document), finding relief for an agunah who signed an exploitative agreement, and listing different avenues to void a marriage (bitul kiddushin) used by the rabbinical court. This issue is of some controversy in the Jewish community, and there is heated debate about it.

In this fifth volume of his groundbreaking series on rabbinic authority, Rabbi Warburg discusses the case of the modern-day agunah, a wife who is unable to obtain a divorce due to her husband' s recalcitrance. For the first time in English, this monograph discusses utilizing the technique of the double halakhic doubt (sefek sefeika de'dina) as a vehicle to void a marriage, in order to address the plight of the agunah. This volume is devoted primarily to demonstrate how a beit din or rabbinical authority(ies) can take care of this complicated issue, especially for those decisors who reject the various other options to void a marriage.

Volume 2 of the only English books on rabbinic authority In this second volume of Rabbinic Authority, Rabbi Warburg presents new rabbinical court arbitration decisions in English. He is the first rabbinic arbitrator to publish piskei din (decisions) on cases in Jewish civil law. It is important that those who service the institution of a beit din (a Jewish court) know the inner dynamics and reasoning of those who issue rulings. This volume focuses on a number of topics, such as the halakhic identity of an investment broker, the propriety of a civil will, contemporary issues relating to domestic violence, and the role of a rabbinical advocate in the beit din process.

The Rabbis of the first five centuries of the Common Era loom large in the Jewish tradition. Until the modern period, Jews viewed the Rabbinic traditions as the authoritative contents of their covenant with God, and scholars debated the meanings of these ancient Sages words. Even after the eighteenth century, when varied denominations emerged within Judaism, each with its own approach to the tradition, the literary legacy of the talmudic Sages continued to be consulted. In this book, Michael S. Berger analyzes the notion of Rabbinic authority from a philosophical standpoint. He sets out a typology of theories that can be used to understand the authority of these Sages, showing the coherence of each, its strengths and weaknesses, and what aspects of the Rabbinic enterprise it covers. His careful and thorough analysis reveals that owing to the multifaceted character of the Rabbinic enterprise, no single theory is adequate to fully ground Rabbinic authority as traditionally understood. The final section of the book argues that the notion of Rabbinic authority may indeed have been transformed over time, even as it retained the original name. Drawing on the debates about legal hermeneutics between Ronald Dworkin and Stanley Fish, Berger introduces the idea that Rabbinic authority is not a strict consequence of a preexisting theory, but rather is embedded in a form of life that includes text, interpretation, and practices. Rabbinic authority is shown to be a nuanced concept unique to Judaism, in that it is taken to justify those sorts of activities which in turn actually deepen the authority itself. Students of Judaism and philosophers of religion in general will be intrigued by this philosophical examination of a central issue of Judaism, conducted with unprecedented rigor and refreshing creative insight.

Moses Maimonides, medieval Judaism's leading legist and philosopher, and a figure of central importance for contemporary Jewish self-understanding, held a view of Judaism which maintained the authority of the Talmudic rabbis in matters of Jewish law while allowing for free and open inquiry in matters of science and philosophy. Maimonides affirmed, not the superiority of the "moderns" (the scholars of his and subsequent generations) over the "ancients" (the Tannaim and Amoraim, the Rabbis of the Mishnah and Talmud) but the inherent equality of the two. The equality presented here is not equality of halakhic authority, but equality of ability, of essential human characteristics. In order to substantiate these claims, Kellner explores the related idea that Maimonides does not adopt the notion of "the decline of the generations," according to which each succeeding generation, or each succeeding epoch, is in some significant and religiously relevant sense inferior to preceding generations or epochs.

Does traditional Jewish life encourage or discourage personal autonomy? To what extent are decisions of Jewish law influenced by subjective factors? Does rabbinic authority extend to all areas of life or does it confine itself to a narrower field of influence? What freedom does a rabbinic authority have to make innovations, and are there grounds for pluralism within the system of Jewish law? These questions cut to the core of Jewish life in the modern world. With the advent of modernity, great emphasis has been placed on the value of personal autonomy. Yet traditional Judaism has historically emphasized the authority of the rabbinic decision maker. The essays in this volume are concerned with exploring the tension between these two poles. Experts from such diverse fields as history, sociology, philosophy, and Jewish law explore the questions raised above. Their analyses are informed not only by their academic expertise but by their deep understanding of the Jewish legal system and Jewish life and their abiding concern for what it means to live that life in the modern world. The contributors to this volume were participants in the Orthodox Forum, an annual gathering of scholars who meet to consider major issues of concern to the Jewish community.

This is the first book to present a systematic and synthetic introduction to Jewish law.

Halbertal provides a panoramic survey of Jewish attitudes toward Scripture, provocatively organized around problems of normative and formative authority, with an emphasis on the changing status and functions of Mishnah, Talmud, and Kabbalah.