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3 results

  • 12 - “Between Man and God” and “Between Man and His Fellow”

  • from D - Religious Conceptions of Law
  • Edited by David C. Flatto, Hebrew University of Jerusalem, Benjamin Porat, Hebrew University of Jerusalem
  • Book:
    Law as Religion, Religion as Law
    Published online:
    11 August 2022
    Print publication:
    25 August 2022, pp 291-313
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  • Summary

    One of the best known distinctions among the precepts of Judaism is that between the precepts that apply “between man and God” and those that apply “between man and his fellow.” It is generally assumed that this distinction has been a matter of consensus since the time of the talmudic sages.

    The present article examines this assumption by means of a close reading of the earliest sources that draw the distinction between the two categories. The discussion of the tannaitic sources will reveal disagreements about this categorization. We will review this disagreement in the context of a hidden debate between the talmudic sages and early Christian literature.

    In this context, we will also address the question of the enumeration of the Ten Commandments and their division on the tablets into two sets of five precepts. We will propose that the talmudic sages’ position on this question is also a polemic response to the approach that emerged in early Christianity.

  • Secular Law as the “King's Law”: Zionist Halakhah and Legal Theory

  • Itzhak Brand
  • Journal:
    AJS Review / Volume 43 / Issue 1 / April 2019
    Published online by Cambridge University Press:
    24 April 2019, pp. 47-66
    Print publication:
    April 2019

  • What is the possibility of secular law in the religious Jewish state? This article will focus this question on the attitude of Zionist halakhic decisors toward the secular law of the land when that land is the State of Israel. Are these decisors willing to recognize Israeli law as falling into the halakhic category of “the King's Law” (mishpat ha-melekh)? Halakhic literature offers various justifications for the king's authority. The first justification is philosophical and jurisprudential; the second is political; and the third is legal in nature. Various justifications for the King's Law yield different models of its force and authority, which contrast in the relationship they posit between the King's Law and Torah Law. This article examines this question from the perspective of the legal discussion of the relationship between competing systems of law (private international law and issues related to the conflict of laws).