The Jewish Law Annual: Volume 15 (Jewish Law Annual)

284 Pages·2004·0.96 MB·English

by  Inst Of Jewish

THE JEWISH LAW ANNUAL
The Institute ofJewish Law
Boston University School of Law
765 Commonwealth Avenue
Boston MA02215
Publication No. 30
THE JEWISH LAW
ANNUAL
VOLUME FIFTEEN
THE INSTITUTE OF JEWISH LAW
BOSTON UNIVERSITYSCHOOLOF LAW
First published 2004
by Routledge
11 New Fetter Lane, London EC4P4EE
Simultaneously published in the USAand Canada
by Routledge
29 West 35th Street, New York, NY10001
Routledge is an imprint of the Taylor & Francis Group
This edition published in the Taylor & Francis e-Library, 2004.
© 2004 Trustees of Boston University
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information
storage or retrieval system, without permission in writing
from the publishers.
British Library Cataloguing in Publication Data
Acatalogue record for this book is available
from the British Library
Library of Congress Cataloging in Publication Data
Acatalog record for this book has been requested
ISBN 0-203-46213-0 Master e-book ISBN
ISBN 0-203-67217-8 (Adobe eReader Format)
ISBN 0–415–34004–7 (Print Edition)
We express our appreciation to Beatrice, Jay and
Judith Espovich, through whose generosity
this volume has been published in memory of
The Honorable Norman Espovich
The Jewish Law Annual is published under the auspices of the Institute
of Jewish Law, Boston University School of Law.
Editor
BERACHYAHULIFSHITZ
Executive Board
HANINABEN-MENAHEM
NEILS. HECHT
BERACHYAHULIFSHITZ
Board of Editors
HANINABEN-MENAHEM, Jerusalem BERACHYAHULIFSHITZ, Jerusalem
DOVFRIMER, Jerusalem STEPHENM. PASSAMANECK, Los Angeles
NEILS. HECHT, Boston DANIELSINCLAIR, Jerusalem
BERNARDJACKSON, Liverpool RONALDWARBURG, Teaneck NJ
Manuscript Editor
NESSAOLSHANSKY-ASHTAR
Editorial communications should be addressed to Prof. Berachyahu
Lifshitz, Institute for Research in Jewish Law, Faculty of Law, The Hebrew
University of Jerusalem, Mount Scopus, 91905 Jerusalem, Israel. All
communications should be clearly marked “Attention: Editor, Jewish
Law Annual.” Contributors should consult the style sheet that appears
at the end of the volume; it is also available from the editor upon
request. Submissions are welcome from all. Neither the editor nor
members of the Board of Editors are to be associated with the views
expressed by contributors.
This book is part of a series. The publisher will accept continuation orders, which may be
canceled at any time, and which provide for automatic billing and shipping of each title in the
series upon publication. Please write for details.
CONTENTS
PART ONE
Jonathan BLASS, Halakhic Altruism: ACritique of H. Dagan’s
“The Law of Unjust Enrichment: Between Judaism and
Liberalism” 3
Shimshon ETTINGER, Can a Witness Serve as Judge? 13
Irwin H. HAUT, z”l, Unjust Enrichment Revisited 41
Yehiel S. KAPLAN, Enforcement of Divorce Judgments by
Imprisonment: Principles of Jewish Law 57
Steven H. RESNICOFF, Ends and Means in Jewish Law:
Lying to Achieve Financial Justice 147
Yosef TOBI, Caro’s Shulhan Arukhversus Maimonides’
Mishne Torahin Yemen 189
PART TWO
CHRONICLE
Martin EDELMAN, The EruvWars 219
Daniel B. SINCLAIR, Jewish Law in the State of Israel 229
1 Treatment of the Terminally Ill
2 Jewish Heritage as a Source of Natural Law in Israeli
Jurisprudence
PART THREE
Survey of Recent Literature 245
Style Sheet 273

PART ONE