SHETAR — (Heb. שְׁטָר), formal legal document, or deed, derived from the Akkadian šatāru, meaning writing. Early Examples The term shetar is not found in the Bible, where the term sefer is used to denote a legal document, such as sefer keritut in… … Encyclopedia of Judaism
CONTRACT — (Heb. חוֹזֶה, ḥozeh), in general law theory a legally binding agreement between two or more parties, in terms of which one party undertakes for the benefit of the other to perform or refrain from a certain act. As such, contract is the main… … Encyclopedia of Judaism
ARBITRATION — ARBITRATION, method of settling disputes by their submission, voluntarily and with the mutual consent of all parties, for adjudication by a person or institution. Function of Arbitration In ancient Greek and Roman law – up to the middle of the… … Encyclopedia of Judaism
ḤAZAKAH — (Heb. חֲזָקָה; lit. possession, taking possession ), a term expressing three main concepts in Jewish law: (1) a mode of acquiring ownership; (2) a means of proving ownership or rights in property; (3) a factual legal presumption (praesumptio… … Encyclopedia of Judaism
CODIFICATION OF LAW — This article is arranged according to the following outline: the concept and its prevalence in other legal systems in jewish law in the mishnah format and style of the mishnah the talmud and post talmudic halakhic literary forms variety of… … Encyclopedia of Judaism
LEVIRATE MARRIAGE AND ḤALIẒAḤ. — Definition Levirate marriage (Heb. יִבּוּם; yibbum) is the marriage between a widow whose husband died without offspring (the yevamah) and the brother of the deceased (the yavam or levir), as prescribed in Deuteronomy 25:5–6: „ If brethren dwell… … Encyclopedia of Judaism
MISHPAT IVRI — This article is arranged according to the following outline: definition and terminology RELIGIOUS HALAKHAH AND LEGAL HALAKHAH common features law and morals de oraita and de rabbanan distinguishing between the two categories legal consequences of … Encyclopedia of Judaism
SHI'BUDA DE-RABBI NATHAN — (Aram. Rabbi Nathan s Lien ), a rule of law attributed to R. Nathan, a tanna of the second century, and cited in the Babylonian Talmud as follows: Whence is the rule derived that if one man (A) claims a maneh (100 zuz) from his neighbor , and his … Encyclopedia of Judaism
EXECUTION — (Civil), laws concerning methods of recovering a debt. Definition and Substance of the Concept In Jewish law, a debt or obligation (ḥiyyuv) creates in favor of the creditor not only a personal right of action against the debtor, but also a right… … Encyclopedia of Judaism
MEḤILAH — (Heb. מְחִילָה; waiver ), the renunciation, repudiation, abandonment, or surrender of some claim, right, or privilege. Meḥilah may be the waiver of a present right or lien or the waiver of the right to a future increment; in the latter case, it… … Encyclopedia of Judaism