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Setting the Table - An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh HaShulhan (Hardcover)
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Setting the Table - An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein's Arukh HaShulhan (Hardcover)
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One of the most basic questions for any legal system is that of
methodology: how one interprets, analyzes, weighs, and applies a
mass of often competing legal rules, precedents, practices,
customs, and traditions to reach final determinations and practical
guidance about the correct legal-prescribed course of action in any
given situation. Questions of legal methodology raise not only
practical concerns, but theoretical and philosophical ones as well.
We expect law to be more than the arbitrary result of a given
decision maker's personal preferences, and so we demand that legal
methodologies be principled as well as practical. These issues are
especially acute in religious legal systems, where the stakes are
raised by concerns for respecting not just human, but divine law.
Despite this, the major scholars and codifiers of halakhah, or
Jewish law, have only rarely explicated their own methods for
reaching principled legal decisions. This book explains the major
jurisprudential factors driving the halakhic jurisprudence of Rabbi
Yehiel Mikhel Epstein, twentieth-century author of the Arukh
Hashulchan-the most comprehensive, seminal, and original modern
restatement of Jewish law since Maimonides. Reasoning inductively
from a broad review of hundreds of rulings from the Orach Chaim
section of the Arukh Hashulchan, the book teases out and explicates
ten core halakhic principles that animate Rabbi Epstein's halakhic
decision-making. Along the way, it compares the Arukh Hashulchan
methodology to that of the Mishna Berura. This book will help any
reader understand important methodological issues in both Jewish
and general jurisprudence.
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