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English Source and Reference Material for Various Halachic Issues Relating to Secular Law
Ira (Yitzchak) Kasdan, Esq.

English Source and Reference Material for Various Halachic Issues Relating to Secular Law

Ira (Yitzchak) Kasdan, Esq.

As Editor of the Jewish Law web site (www.jlaw.com), I receive and respond to numerous e-mail inquiries of a general nature (i.e.,for reference, but not p’sak Halacha, purposes) in connection with Halachic issues that also are related, in one way or another, to secular law.

For the benefit of Jewish Law readers, I have begun to compile a list of English source and reference materials which I have utilized in assisting inquirers, to which, iy"H, I hope to continue to add periodically. Herein are the beginning fruits of my labor. Please feel free to e-mail to me (via the feedback page) additional sources (Orthodox only, please) that can be supplemented to those below. Please note that, at this time, the references and sources below do not include articles or other materials already posted on Jewish Law. Researchers, therefore, are urged to use the Search page on this site to find additional, relevant materials.

Finally, a caveat — questions requiring Halachic guidance should be addressed to competent Rabbonim; those of a purely legal (secular, that is) nature, to competent attorneys. In no instance should the sources below be construed as offering definitive p’sak or legal advice.

 ABORTION

  • Contemporary Halakhic Problems, Volume I (Ktav 1977), by Rabbi J. David Bleich, (hereafter cited as "Bleich Vol. I"), at 325-71 ("Abortion in Halakhic Literature").
  • Jewish Ethics and Halacha for Our Times — Sources and Commentary, Volume I (Ktav 1984), by Rabbi Basil Herring, (hereafter cited as "Herring Vol. I") at 25-45 ("Abortion").
  • Jewish Medical Ethics (Bloch Publishing Company, 1962; 2nd Ed.), by (Lord) Rabbi Dr. Immanuel Jakobovits hereafter cited as "Jakobovits") at 170-91 ("Abortion and Embryotomy").
  • Studies in Torah Judaism: Modern Medicine and Jewish Law by Fred Rosner, MD (first printing 1972 by Balshon Printing & Offset, Brooklyn NY) (hereafter cited as "Rosner") at 53-88 ("The Jewish Attitude Toward Abortion" and "The Morality of Abortion").

ADOPTION

  • The Weekly Halacha Discussion, by Rabbi Doniel Yehudah Neustadt, Volume I (Feldheim 1998) (hereafter cited as "Neustadt Vol. I") at 94-98 ("Adoption in Halacha").

ADVERTISING

  • Jewish Ethics and Halacha for Our Times — Sources and Commentary, Volume II (Ktav 1989), by Rabbi Basil F. Herring, (hereafter cited as "Herring Vol. II") at 221-79 ("Truth and Deception in the Marketplace").

ARTIFICIAL INSEMINATION

See "Fertility Issues."

AUTOPSY

  • Jakobovits at 132-52 ("Anatomical Dissection").
  • Rosner at 132-54 ("Autopsy in Jewish Law and the Israeli Autopsy Controversy").

BET (or BEIT or BETH or BEIS) DIN ISSUES

  • See generally The Ethical Imperative, edited by Rabbi Nisson Wolpin (Mesorah Publications, ltd.)(hereafter cited as "Ethical Imperative"), chapter III "The Beis Din Process" which includes the following articles:

    • Human Law and Torah Law - Rabbi Mordechai Gifter
    • Can Modern Legal Disputes be Settled by Din Torah? - Judah Dick
    • Batei Din vs. Secular Courts: Where Do We Pursue Justice? - Chaim Dovid Zweibel
    • A Layman's Guide to Din Torah - Yosef M. Braunfeld
    • The Exalted Status of the Beis Din Process - Adopted from a shiur by Rabbi Avrohom Pam
    • Respect for the Halachic Legal System - Based on an address by Rabbi Yaakov Perlow
    • The Secular Enforceability of a Beis Din Judgment - Professor Steven H. Resnicoff
    • A Proposal for P'shara: A Jewish Mediation/Arbitration Service - Yitzchak Kasdan

  • See generally A Restatement of Rabbinic Civil Law, by Rabbi Emanuel Quint, JD, Volume I (Aronson 1990).
    Topics include (roughly in order of presentation in the book; list is not comprehensive): Beth Din and its subject matter jurisdiction; self-help; eligibility of judges; prohibition against bribery and how judges may be compensated; commencement of lawsuit and pleadings; arbitration; trial venue and motion practice; subpoenas; evidence; Beth Din deliberations; Beth Din decision; vacating judgments; stipulations; Beth Din errors and Appeals; prohibition against litigation in non-Jewish courts; testimony in Beth Din; witnesses in Beth Din; role of women in the Beth Din system.
  • A Woman’s Guide to the Get Process (1989), by Rabbi Mendel Epstein at 27-46 ("Going to a Beth Din" and "Beth Din Procedures").
  • Contemporary Halakhic Problems, by Rabbi J. David Bleich, Volume IV (Ktav 1995) (hereafter cited as "Bleich Vol. IV"), at 3-16 ("The Bet Din; An Institution Whose Time Has Come" ").
  • Bleich Vol. IV at 17-45 ("The Appeal Process in the Jewish Legal System").
  • Tradition, A Journal of Orthodox Jewish Thought, Vol. 34 No. 3 Fall 2000, at 58-87 ("Survey of Recent Halakhic Periodical Literature, Litigation and Arbitration Before Non-Jews," by J. David Bleich.)

 BUSINESS LAW/ BUSINESS ETHICS

  • See generally A Torah Guide for the Businessman, by Rabbi S. Wagschal (Feldheim 1990).
    Topics include (roughly in order of presentation in the book; list is not comprehensive): Misrepresentations in sales; overcharging; verbal agreements; competition and sales-talk; partnerships; employer’s obligations; employee’s obligations; landlord-tenant relationships; loans; debt repayment; Shabbos and Yom Tov issues; interest; heter iskah; foreign currency; buying on credit; advance payments; investing money with others; mortgages; inflation issues.
  • See generally Ethical Imperative, chapter I "Business Ethics/Workplace Issues," which contains the following articles:

      Integrity and Faith in the Market Place - Rabbi Shimon Schwab
    • Did You Conduct Your Business Affairs With Faith? - Rabbi Avrohom Pam
    • Standing up for Torah Principles: Battles on the Personal Front - Professor Aaron Twerski
    • Making It in the Workplace and Creating a Kiddush Hashem in the Process - Yosi Heber
    • Challenge and Commitment - Dr. Gershon Kranzler
    • Torah Ethics in Business - Harold Jacobs
    • Employer-Employee Relationship in Halachah - Rabbi Noach Issac Oelbaum
    • Modern Business and the Prohibition of Ribbis - Rabbi Moshe Silberberg
    • A Proposal for a High School Course in Torah Ethics - Professor Steven H. Resnicoff and Yitzchak Kasdan

  • Contemporary Halakhic Problems, by Rabbi J. David Bleich, Volume II (Ktav 1982) (hereafter cited as "Bleich Vol. II"), at 109-11 ("Cheating").
  • Case Studies in Jewish Business Ethics by Rabbi Aaron Levine (Ktav 1999)
    Topics Include (in order of presentation in the book; list is not comprehensive): moral education; advertising and marketing; salesmanship; pricing policies; labor relations; consumer and social etics in the marketplace.

CAPITAL PUNISHMENT

  • Herring Vol. I at 67-90 ("Capital Punishment").

CHILD CUSTODY

  • Herring Vol. II at 179-219 ("Child Custody").

CIVIL DISOBEDIENCE

  • Herring Vol. I at 121-48 ("Civil Disobedience").

CONFIDENTIALITY and TRUTH ISSUES

  • Herring Vol. I at 47-66 ("Truth and the Dying Patient").
  • Herring Vol. I at 91-120 ("Legal Counsel and the Truth").
  • Bleich Vol. II at 74-80 ("Medical Questions, Professional Secrecy").
  • Neustadt Vol. I at 45-48 ("Is it Ever Permitted to Lie?").

COPYRIGHT

  • Bleich Vol. II at 121-30 ("Copyright").

CRIMINAL LAW ISSUES

  • Bleich Vol. IV, at 62-91 ("Jewish Law and the State’s Authority to Punish Crime").

DETERMINATION OF DEATH

  • Herring Vol. II at 39-87 ("The Definition and Determination of Death").
  • Bleich Vol. I at 372-93 ("Establishing Criteria of Death").
  • Bleich Vol. IV at 316-50 ("Of Cerebral, Respiratory and Cardiac Death").
  • Jakobovits at 126-30 ("Ascertaining the Moment of Death").

DIVORCE ISSUES

See "Marriage and Divorce".

EMPLOYMENT ISSUES

  • Bleich Vol. II at 111-13 ("Teachers’ Union").
  • Bleich Vol. II at 132-34 ("Severance Pay").
  • Contemporary Halakhic Problems, by Rabbi J. David Bleich, Volume III (Ktav 1989) (hereafter cited as "Bleich Vol. III"), at 18-25 ("Physician Strikes").
  • Ethical Imperative at 80 ("Employer/Employee Relationship in Halachah" by Rabbi Noach Issac Oelbaum); and at 419 ("The Orthodox Jew in the Workplace - a Legal Perspective" by Abba Cohen).

EUTHANASIA

  • Herring Vol. II at 67-90 ("Euthanasia").
  • Jakobovits at 123-25 ("Euthanasia").
  • Rosner at 107-23 ("Jewish Attitude Toward Euthanasia").

FERTILITY ISSUES

  • The Comprehensive Guide to Medical Halachah, by Abraham S. Abraham, MD, FRCP (Feldheim 1996, 2nd Ed.) (hereafter cited as "Abraham") at 223-59 ("Artificial Insemination").
  • Bleich Vol. IV at 237-72 ("In Vitro Fertilization Maternal: Identity and Conversion").
  • Facing Current Challenges: Essays on Judaism by Rabbi Dr. Yehudah Levi (Hemed Books, Inc. 1998) (hereafter cited as "Levi") at 272-81 ("Artificial Insemination") (NOTE: This Chapter also includes, inter alia, discussion of "Artificial Fertilization and Surrogate Motherhood" and "Genetic Engineering").
  • Jakobovits at 244-50 ("Artificial Insemination").

GET (or GITTIN)

See "Marriage and Divorce Issues".

INTEREST

  • Bleich Vol. IV at 378-84 (‘Heter Iska; Student Loans, Margin Account, Purchase-Money Mortgages, etc.").
  • The Weekly Halacha Discussion, by Rabbi Doniel Yehudah Neustadt, Volume II (Feldheim 1998) (hereafter cited as "Neustadt Vol. II") at 343-52 ("Everyday Cases Involving Interest; Neighbors Borrowing Goods; Interest with a Corporation; Heter Iska").
  • Ethical Imperative at 83 ("Modern Business and the Prohibition of Ribbis" by Rabbi Moshe Silverberg).

LABOR ISSUES

See "Employment Issues".

MARRIAGE AND DIVORCE ISSUES

  • See generally A Woman’s Guide to the Get Process (1989), by Rabbi Mendel Epstein.
    Topics include (roughly in order of presentation in the book; list is not comprehensive): the civil courts; Beth Din procedures; the giving of the get.
  • Bleich Vol. I at 146-78 ("Marriage, Divorce and Personal Status") (issues covered include, inter alia: the agunah problem; refusal to grant a religious divorce; and the Langer case).
  • Bleich Vol. II at 87-107 ("Marriage, Divorce and Personal Status") (issues covered include, inter alia: indirect coercion in compelling a get; impotence as grounds for a divorce)

MEDICAL ISSUES

  • Bleich Vol. IV at 171-202 ("Fetal Tissue Research: Jewish Tradition and Public Policy").
  • Bleich Vol. IV at 273-315 ("May Tissue Donations Be Compelled").
  • See generally The Comprehensive Guide to Medical Halachah (Feldheim 1996, 2nd Ed.) by Abraham S. Abraham, MD, FRCP.
  • See generally Jewish Medical Ethics by (Lord) Rabbi Dr. Immanuel Jakobovits (Bloch Publishing Company, 1962; 2nd Ed.).

MENTAL INCOMPETENCE

  • Abraham at 142-43 ("Mental Illness").
  • Bleich Vol. II at 283-99 ("Mental Incompetence and Its Implications in Jewish Law").

NAZI EXPERIMENTATION

  • Bleich Vol. IV at 218-36 ("Utilization of Scientific Data Obtained Through Immoral Experimentation").

ORGAN TRANSPLANTATION / IMPLANTATION

  • Bleich Vol. III at 129-40 ("Artificial Heart Implantation").
  • Herring Vol. II at 85-128 ("Organ Transplantation").
  • Levi at 282-88 ("Organ Transplants: Halakhic Problems").
  • Rosner at 155-76 ("Heart and Other Organ Transplantation and Jewish Law").
  • Ethical Imperative at 372 ("A Matter of Life and Death" by Chaim Dovid Zweibel and correspondence from Rabbi Moshe D. Tendler and Dr. Yoel Jakobovitz).

PROPERTY ISSUES

  • Bleich Vol. II at 119 ("Damages to School Property").
  • Bleich Vol. III at 344-90 ("The Sotheby Sale").

RIBBIS (or RIBIS)

See "Interest".

SELF-DEFENSE

  • Herring Vol. II at 129-75 ("Violence in Self-Defense of Others").

SUICIDE

  • Rosner at 177-93 ("Suicide").

TRUSTS AND ESTATES

See "Wills".

WILLS

  • See generally I, Hereby, Bequeath: A Comprehensive Guide to Jewish Wills, by Rabbi Ezra Basri (translated by Rabbi Eliyahu Touger) (Haktav Institute, Israel [undated]).
    Topics include (roughly in order of presentation in the book; list is not comprehensive): allocating an estate; changes in a will; fulfilling the wishes of the deceased; oral wills; drafting a will (including suggested language and forms); wills written under duress; priority of inheritance and conflicts between Torah and secular law; guardians and trustees.
  • See generally The Jewish Law of Inheritance: Problems & Solutions in Making a Jewish Will, by Dayan Dr. I. Grunfeld (Targum Press 1987).
    Topics include (roughly in order of presentation in the book; list is not comprehensive): the Jewish law of inheritance; verbal instructions of the dangerously ill; the "law of the land" and Jewish wills; testamentary dispositions; model will forms.

Last Updated: November 24, 2000

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