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Shomer
In Jewish religious law (''halacha''), a shomer (, pl. , shomrim) is a Jewish legal guardian entrusted with the custody and care of another's object. The laws of ''shomrim'' (pl. "keepers"; "watchmen") are derived from the Torah in the Book of Exodus ( ''Shemot'' 22:6-14). It is also discussed in the Talmud in the Bava Kamma and Bava Metzia tractates, which deal with torts, usury, and property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope .... There are four types of ''shomrim'':Mishnah, Bava Metzia 93a an unpaid custodian, a paid custodian, a borrower, and a renter (', ', ', and ', respectively). Each ''shomer'' has distinct laws in ''halacha'' that apply to it. The two major factors that determine a guardian's liability are whether the guardian has the ability to use the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bava Metzia
Bava Metzia (, "The Middle Gate") is the second of the first three Talmudic tractates in the order of Nezikin ("Damages"), the other two being Bava Kamma and Bava Batra. Originally all three formed a single tractate called ''Nezikin'' (torts or injuries), each ''Bava'' being a Part or subdivision. Bava Metzia discusses civil matters such as property law and usury. It also examines one's obligations to guard lost property that has been found, or property explicitly entrusted to him. Mishnah The Mishnah of Bava Metzia contains ten chapters. Honorary trustee (''Shomer Hinam''), chapters 1-3 An honorary trustee is one who finds lost property. He has to keep it as '' shomer hinam'' (watching over another's property without receiving any remuneration) until he can restore it to the rightful owner (). The laws as to what constitutes finding, what to do with the things found, how to guard against false claimants, how to take care of the property found, under what conditions the finde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halacha
''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mitzvot''), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the '' Shulchan Aruch'' or '' Mishneh Torah''. ''Halakha'' is often translated as "Jewish law", although a more literal translation might be "the way to behave" or "the way of walking". The word is derived from the root, which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life. Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE, and some say that the first evidence was even earlier. In the Jewish diaspora, ''halakha'' served many Jewish comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torah
The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () or the Five Books of Moses. In Rabbinical Jewish tradition it is also known as the Written Torah (, ). If meant for liturgic purposes, it takes the form of a Torah scroll ( '' Sefer Torah''). If in bound book form, it is called '' Chumash'', and is usually printed with the rabbinic commentaries (). In rabbinic literature, the word ''Torah'' denotes both the five books ( "Torah that is written") and the Oral Torah (, "Torah that is spoken"). It has also been used, however, to designate the entire Hebrew Bible. The Oral Torah consists of interpretations and amplifications which according to rabbinic tradition have been handed down from generation to generation and are now embodied in the Talmud and Midrash. Rabbinic tradition's underst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Book Of Exodus
The Book of Exodus (from ; ''Šəmōṯ'', 'Names'; ) is the second book of the Bible. It is the first part of the narrative of the Exodus, the origin myth of the Israelites, in which they leave slavery in Biblical Egypt through the strength of Yahweh, their deity, who according to the story Chosen people, chose them as his people. The Israelites then journey with the prophet Moses to biblical Mount Sinai, Mount Sinai, where Yahweh gives the Ten Commandments and they enter into a Mosaic covenant, covenant with Yahweh, who promises to make them a "holy nation, and a kingdom of priests" on condition of their faithfulness. He gives them laws and instructions to build the Tabernacle, the means by which he will come from heaven and dwell with them and lead them in a holy war to conquer Canaan (the "Promised Land"), which has earlier, according to the Book of Genesis, been promised to the "seed" of Abraham, the patriarch of the Israelites. Though traditionally Mosaic authorship, ascri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Talmud
The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewish culture, Jewish cultural life and was foundational to "all Jewish thought and aspirations", serving also as "the guide for the daily life" of Jews. The Talmud includes the teachings and opinions of thousands of rabbis on a variety of subjects, including halakha, Jewish ethics, Jewish philosophy, philosophy, Jewish customs, customs, Jewish history, history, and Jewish folklore, folklore, and many other topics. The Talmud is a commentary on the Mishnah. This text is made up of 63 Masekhet, tractates, each covering one subject area. The language of the Talmud is Jewish Babylonian Aramaic. Talmudic tradition emerged and was compiled between the destruction of the Second Temple in 70 CE and the Arab conquest in the early seve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bava Kamma
Bava Kamma () is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The other two of these tractates are Bava Metzia ('The Middle Gate') and Bava Batra ('The Last Gate'): originally all three formed a single tractate called ''Nezikin'', each "Bava" meaning "part" or "subdivision." Bava Kamma discusses various forms of damage and the compensation owed for them. Biblical laws dealing with the cases discussed in Bava Kamma are contained in the following passages: , and . The principle that underlies the legislation in this respect is expressed by the sentence, "He that kindled the fire shall surely make restitution". Bava Kamma consists of ten chapters which may be grouped as follows: damage caused without criminality (chaps. 1-6); damage caused by a criminal act (chaps. 7-10). Mishna Damage caused without criminality Two types of damages are dealt with: (1) damage caused by agents in thei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torts
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usury
Usury () is the practice of making loans that are seen as unfairly enriching the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is charged in excess of the maximum rate that is allowed by law. A loan may be considered usurious because of excessive or abusive interest rates or other factors defined by the laws of a state. Someone who practices usury can be called a ''usurer'', but in modern colloquial English may be called a ''loan shark''. In many historical societies including ancient Christian, Jewish, and Islamic societies, usury meant the charging of interest of any kind, and was considered wrong, or was made illegal. During the Sutra period in India (7th to 2nd centuries BC) there were laws prohibiting the highest castes from practicing usury. Similar condemnations are found in religious texts from Buddhism, Judaism ('' ribbit'' in Hebrew), Christianity, and Islam (''rib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
