The Traditional Jewish Law of Sale
Shulhan Arukh Hoshen Mishpat, Chapters 189-240
translated and annotated by Stephen M. Passamaneck
Rabbinic tradition is in large part a tradition of law and jurisprudence. This tradition of law comprehends fields as diverse as the law of evidence and the dietary regimen, as laws on credit and debt and the laws of ritual purity. It follows naturally that many, if not most, of the great works of rabbinical literature are law books, commentaries on the law, and collections of cases. The principal legal code, or restatement, still authoritative among traditional Jews, is the Shulhan Arukh, compiled by Joseph b. Ephraim Karo of Safed (1488-1575) and glossed by Moses Isserles of Cracow (1520-1572). This work, published in four volumes, provided the rabbinic jurist or magistrate, as well as the learned layman, with a concise review of the various areas of Jewish law that might come to his attention. One such area of traditional Jewish law was the laws of buying and selling and the laws of fraud in sales. This particular domain within traditional Jewish commercial law is surprisingly intelligible and fascinating for modern students of Jewish tradition. Buying and selling are just as much a part of the modern world as they were of past ages. Moreover, the student of legal history or comparative law will find that this rabbinical code on sales and fraud in sales provides, at a glance, a view of the strata of Jewish legal development from the ancient period to the sixteenth century. Among the matters treated in this code are the formation of the agreement to buy and sell, the concept of acquisition as it relates to various types of property, legal capacity, and the requirement of good faith. The chapters on fraud reflect the moral and ethical values of Jewish tradition which are always implicit, and often explicit, in the rules of Jewish civil, criminal, and commercial legal codes. The material is clearly of interest to modern students of business ethics. A synopsis of the law of sale prefaces the work. It underscores some of the main features of this area of the law and furnishes some terminology and analysis of the material. While this synopsis does note some points of contrast and comparison with Roman law and medieval church law, it is not intended as a detailed historical or comparative study. It serves principally to introduce the text itself and establish some useful lines of understanding and classification. The translation of the laws of sale and fraud presented here has been prepared with the utmost care and attention to the technical nuances of legal terminology in both modern and ancient law. Its apparatus of notes and references includes material on the history of the printing of this translated portion of the Jewish legal tradition.
- By (author) Hebrew Union College Press
- Translated by Stephen M Passamaneck
Other Titles in this Series
Remember Amalek!
Vengeance, Zealotry, and Group Destruction in the Bible according to Philo, Pseudo-Philo, and Josephus
Volume 31
Modernism and Cultural Transfer
Gabriel Preil and the Tradition of Jewish Literary Bilingualism
Volume 10
My Dear Daughter
Rabbi Benjamin Slonik and the Education of Jewish Women in Sixteenth-Century Poland
Volume 33
Similar Books
The Therapeutae as the Best Paradigm for the Contemplative Life
A Contextual Reading of Philo of Alexandria's De Vita Contemplativa
Judische Musikerziehung im Preussen des 19. Jahrhunderts
Gesangunterricht an judischen Reformschulen als Facette burgerlicher Akkulturation
Volume 21
Co-production of Judaism, Christianity, and Islam
Artefacts, Rituals, Communities, Narratives, Doctrines, Concepts
Volume 1
Destruction of Jerusalem and Anti-Jewish Commonplaces in Model Sermon Collections (1100-1350)
Volume 19
Paul and Sacrifice in Corinth
Rethinking Paul's Views on Gentile Cults in 1 Corinthians 8 and 10
Volume 623
The Hebrew Bible/Old Testament and Scribal Scholarship in Antiquity
Studies in Honor of Arie van der Kooij on the Occasion of his Eightieth Birthday
Volume 306
Anklage Gottes im Midrasch zu den Klageliedern
Eine Studie zu den Transformationen der Gottesbilder im Midrasch Echa Rabbati
Volume 191
Erwahlung und Berufung bei Paulus
Bedeutung, Entwicklung und Funktion einer Vorstellung in ihrem fruhjudischen und griechisch-romischen Kontext
Volume 630
Himmlische und irdische Heiligkeit
Studien zu biblischen und außerbiblischen Konzeptionen (Festschrift für Wolfgang Kraus)
Volume 15
Identitat, Differenz und Abgrenzung
Studien zu christlich-judischen Beziehungen im Mittelalter
Volume 34
‘Who is Sitting on Which Beast?’
Interpretative Issues in the Book of Revelation: Proceedings of the International Conference held at Loyola University, Chicago, March 30-31, 2017
Volume 29
A Structural Commentary on the So-Called Antilegomena
Volume 3: The Second Letter of Peter: Proclaiming the Coming of the Lord. Part 1. Eschatological Scepticism (2 Pet 1–2)
Allusions to Scripture in the Psalms of Solomon
Textual Tradition, Interpretation, and Historical Implications
Volume 25
