RABBINIC AUTHORITY Volume 1: The Vision and the Reality

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RABBINIC AUTHORITY Volume 1: The Vision and the Reality
By Rabbi Yehuda Warburg
Hardcover, 341 pages (including index)
Urim Publications, 2013
ISBN: 978-965-524-144-0
Rabbinic Authority: The Vision and the Reality introduces the English-speaking public to the parameters and scope of rabbinic authority in general, and the workings of the institution of the beit din (Jewish court of law) in particular.
In this work, the author presents ten rulings in cases of Jewish civil law which he handed down as a member of a beit din panel. These piskei din (decisions) touch on issues of employment termination, tenure rights and severance pay, rabbinic contracts, issues in the not-for-profit boardroom, real estate brokerage commission, drafting a halakhic will, a revocable living trust agreement, the division of marital assets upon divorce, spousal abuse, and a father's duty to support his estranged children. Accompanying these presentations is an examination of the notion of rabbinic authority, the business judgment rule, and an agunah's ability to recover for the infliction of emotional stress.
About the Author:
Since 1999, Rabbi Dr. A. Yehuda Warburg has served as a dayan (rabbinical judge) on various battei din panels in the Hassidic, Modern Orthodox, Sephardic, and Yeshiva communities in the New York-New Jersey metropolitan area. For over fifteen years, he served as a research fellow at the Institute of Jewish Law at Boston University School of Law. He is a member of the editorial board of Tradition and served on the editorial board of The Jewish Law Annual. For over two decades, Rabbi Warburg has delivered shiurim in Hoshen Mishpat and Even ha-Ezer to Yeshiva Rabbi Issac Elchanan's semikha (rabbinic ordination) students. Rabbi Warburg has published dozens of articles in peer-reviewed journals in the areas of jurisprudence, family law, bioethics, contracts and securities law, addressing the interface of Halakhah and American law.
Rabbinic Authority: The Vision and the Reality introduces the English-speaking public to the parameters and scope of rabbinic authority in general, and the workings of the institution of the beit din (Jewish court of law) in particular.
In this work, the author presents ten rulings in cases of Jewish civil law which he handed down as a member of a beit din panel. These piskei din (decisions) touch on issues of employment termination, tenure rights and severance pay, rabbinic contracts, issues in the not-for-profit boardroom, real estate brokerage commission, drafting a halakhic will, a revocable living trust agreement, the division of marital assets upon divorce, spousal abuse, and a father's duty to support his estranged children. Accompanying these presentations is an examination of the notion of rabbinic authority, the business judgment rule, and an agunah's ability to recover for the infliction of emotional stress.
About the Author:
Since 1999, Rabbi Dr. A. Yehuda Warburg has served as a dayan (rabbinical judge) on various battei din panels in the Hassidic, Modern Orthodox, Sephardic, and Yeshiva communities in the New York-New Jersey metropolitan area. For over fifteen years, he served as a research fellow at the Institute of Jewish Law at Boston University School of Law. He is a member of the editorial board of Tradition and served on the editorial board of The Jewish Law Annual. For over two decades, Rabbi Warburg has delivered shiurim in Hoshen Mishpat and Even ha-Ezer to Yeshiva Rabbi Issac Elchanan's semikha (rabbinic ordination) students. Rabbi Warburg has published dozens of articles in peer-reviewed journals in the areas of jurisprudence, family law, bioethics, contracts and securities law, addressing the interface of Halakhah and American law.
Praise for Rabbinic Authority:
"In the present work, Rabbinic Authority: The Vision and the Reality, R. Warburg presents a number of his judicial rulings. For a number of decades, I have been involved on an ad hoc basis as a dayan, including serving on judicial panels for the Beth Din of America. In this capacity, I have often crossed paths with R. Warburg and served together with him on the same judicial panel. In each panel we served on together, R. Warburg's outstanding Torah scholarship was always in evidence - scholarship motivated by a perfectionist's drive to achieve new vistas in advancing truth that stands as the ideal for the halakhic-judicial process."
- From the foreword of Rabbi Dr. Aaron Levine, zt"l
"In the present work, Rabbinic Authority: The Vision and the Reality, R. Warburg presents a number of his judicial rulings. For a number of decades, I have been involved on an ad hoc basis as a dayan, including serving on judicial panels for the Beth Din of America. In this capacity, I have often crossed paths with R. Warburg and served together with him on the same judicial panel. In each panel we served on together, R. Warburg's outstanding Torah scholarship was always in evidence - scholarship motivated by a perfectionist's drive to achieve new vistas in advancing truth that stands as the ideal for the halakhic-judicial process."
- From the foreword of Rabbi Dr. Aaron Levine, zt"l
Contents:
Foreword by R. Dr. Aaron Levine, z"l
Preface
Part I Rabbinic Authority: The Vision
Chapter 1: Towards Defining the Concept of Rabbinic Authority: A Contemporary Analysis
Chapter 2: The Business Judgment Rule in the Corporate World: A Comparative Approach
Chapter 3: Recovery for Infliction of Emotional Distress: Toward Relief for the Agunah
Part II Rabbinic Authority: The Reality
Chapter 4: Decisions in Even ha-Ezer
Preface
Part I Rabbinic Authority: The Vision
Chapter 1: Towards Defining the Concept of Rabbinic Authority: A Contemporary Analysis
Chapter 2: The Business Judgment Rule in the Corporate World: A Comparative Approach
Chapter 3: Recovery for Infliction of Emotional Distress: Toward Relief for the Agunah
Part II Rabbinic Authority: The Reality
Chapter 4: Decisions in Even ha-Ezer
a. Division of Marital Assets upon Divorce
b. Spousal Abuse as Grounds for Obligating a Get
c. A Father's Duty of Child Support towards His Estranged Children
Chapter 5: Decisions in Hoshen Mishpat
a. Tenure Rights and Severance Pay
b. The Status of a Promissory Note
c. Rabbinic Contracts
d. Self-Dealing in the Not-for-Profit Boardroom
e. Real Estate Brokerage Fee Commission
f. Drafting a Halakhic Will
g. A Revocable Living Trust Agreement
Index of Halakhic Sources