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Association for Jewish studies 2002-26(2) - download pdf or read online

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See the index to Joseph ben Moses of Miinster,Leqet yosher, ed. Jacob Freimann(Berlin, 1903-1904). There are similarly very few references to "Ashkenaz"in Sefer minhagim le-Rabeinu AvrahamKlausner,ed. Yosef Dissen (Jerusalem, 1978). Even in Sefer Maharil (relying on the index in the Spitzeredition [below,n. 69]), there are twice as many referencesto Austria,and nearly four times as many to the Rhineland,as there are to Germany. 69. Sefer Maharil, ed. Shelomoh Spitzer (Jerusalem, 1989), Hilkhot YomKippur, no.

MordechaiBreuer[Jerusalem, 1983], p. 138); the passage is discussed in Reiner,"Temurot" (above n. 44), p. 48. 75. Fromthe concluding appendixof 'Emeqberakhah,p. 116b, quoted in Siev,Isserles (above n. 1), p. 77. 76. She'elot u-teshuvotMas'at Binyamin (Vilna, 1894; ed. princ. Cracow, 1632), no. 27, end, quotedin Siev,Isserles, p. 82. Forthe date, see Nisson Shulman,Authorityand Community:Polish Jewry in the SixteenthCentury(New York,1985), p. 192. 269 Joseph Davis AlfasiandMaimonides andthosewhofollowthemwerenotmenof Germany andFrance,andtheydisagreedwiththe sagesof GermanyandFrance,such of theTalmud..

278 Two Cases of Adultery and the Halakhic Decision-Making Process A word of caution:A reading of all of Sirkes' responsa might suggest that he did not share some of the juridical assumptionsnoted above. Perhapsnot, but he never invokedthe divine as the source of his insights or as a participantin the judicial process. 8 Sirkesknew thathe and he alone was the authorof his decisions. 9 Case One The seventh commandmentof the Decalogue is unequivocal: "Thou shall not commit adultery"(Exodus 20:13).

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