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In the State of Israel, the unique family law derives from ancient
Jewish law, halakhic traditions, and an extensive legal tradition
spanning many centuries and geographic locations. This book
examines Israeli family law in comparison with the corresponding
law in the United States and illuminates common issues in legal
systems worldwide. The Israeli system is primarily controlled by
the religious law of the parties. Thus, religious courts were also
established and granted enforcement powers equivalent to those of
the civil courts. This is a complex situation because the religious
law applied in these courts is not always consistent with gender
equality and civil rights practiced in civil court. This book seeks
to clarify that tension and offer solutions. The comprehensive
analysis in this book may serve as a guide for those interested in
family law: civil court judges, rabbinical court judges, lawyers,
mediators, arbitrators, and families themselves. Topics central to
the book include issues subject to modification, the right of a
minor to independent status, extramarital relationships, and joint
property.
This book analyzes the exceptional normative impact of R. Meir
Simcha Hacohen's Biblical commentary, Meshekh Hokhmah, and his
halakhic commentary, Or Sameah. It examines the reliance of the
poskim on R. Meir Simcha's innovations and hermeneutic methods as
well as their view of his interpretations that broadened or
narrowed the scope of Maimonides' rulings. The book explores the
broad-based judicial principles underlying R. Meir Simcha's legal
decisions and approach to Jewish law. It further examines how his
legal creativity was impacted by metahalakhic principles that
guided him in addressing changing historical and social realities.
The book also considers R. Meir Simcha's unique attitudes toward
gentiles. His approach attests to his innovativeness and his
halakhic moderation, as he tried to rule as leniently as possible
on matters concerning non-Jews. In this book, R. Meir Simcha is
shown to be a truly influential rabbi whose contributions will long
be a source of study and discussion.
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