Rabbinic Authority: The Vision and the Reality Vol.2

Rabbinic Authority: The Vision and the Reality Vol. 2
Rabbi Yehuda Warburg
Urim Publications / 368 pages

Once again, Rabbi Yehuda Warburg gives us an insiders look into  a number of actual cases that transpired in his Beit Din. There are both Even Ha’ezer and Choshen Mishpat related cases. There is much reference and comparison to precedents and principles in secular law. 

Here is the table of contents:

Part I: Rabbinic Authority: The Vision
  Chapter 1: The Multifaceted Halakhic Identity of a Jewish Investment Broker
  Chapter 2: The Propriety of a Civil Will
  Chapter 3: Harnessing the Authority of Beit Din to Deal with Cases of Domestic Violence and Child                     Abuse
  Chapter 4: An Employer’s Vicarious Liability for an Employee’s Sexual Misconduct
  Chapter 5: The Status and Role of a To’ein Rabbani in the Beit Din Process

Part II Rabbinic Authority: The Reality
  Chapter 6: Decisions in Even ha-Ezer
    a. Spousal Rape, the Grounds for Divorcing anAdulterer, Retrieving Electronically Stored Information
        Incident to Divorce, and Nezikin Claims
    b. “A Dead Marriage” and its Halakhic Aftermath
  Chapter 7: Decisions in Hoshen Mishpat
    a. The Scope of an Investment Broker’s Responsibility
    b. Piercing the Corporate Veil
    c. Non-Compete Agreements
    d. Promises! Promises! – The Validity of a Real Estate Binder Agreement
    e. Real Estate Brokerage Agreement
    f. Dual Real Estate Commission, Illegal Contracts, and Civil Law
    g. Mekach Ta’ut, the Role of Gemirat Da’at in Undertaking Obligations in Transferring Property and
        Promise Keeping
    h. A Wayward Torah Heir 
Index of Halakhic Sources

As one will see, there are a number of exciting chapters of contemporary relevance. As one who has been on both sides of the Beit Din, and now dabbling as a to'en rabbani, I especially enjoyed Chapter 5. Indeed, I enjoyed this volume even more that the first. I found that the material was presented in a clearer manner. 

The book is an advanced work for advanced readers. It will be appreciated by those with a solid background in either Jewish or secular law. It's great for case study or to gain insights into the application of Talmudic law to today's realities. The book is well footnoted with extensive reference to both Torah and secular sources. There book also has an exhaustive index that allows readers to find reference to the entire body of Torah literature where the issues in the book are dealt with.


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