Attaining and maintaining a substantial Jewish majority in Israel has been one of the basic goals of the State of Israel since its early years. A substantial Jewish majority within the borders of the state is thought to be necessary in order to preserve its Jewish nature. Many believe that the demographic consideration also stood behind the enactment of the Citizenship and Entry into Israel Law , 2003, which prohibits granting Israeli citizenship and residency to Palestinians from the West Bank (...) and the Gaza Strip, and prevents, inter alia, Israeli Arabs from living in Israel with their Palestinian spouses. I examine the legitimacy of the demographic consideration from the perspective of liberal political theory. I conclude that demography can, in principle, be a legitimate consideration in deciding immigration policy, and its justification can be derived from the liberal justification of the right to national self-determination. However, the demographic consideration must be assigned its proper role and weight relative to other important liberal values such as equality and other human rights. I suggest that the demographic consideration might be legitimate only to the extent that it is not used to justify immigration policies that violate constitutional rights. I then discuss the Supreme Court decision concerning the constitutionality of the Citizenship and Entry into Israel Law. I demonstrate that, contrary to statements by the judges themselves, the demographic consideration played a key role in the opinions of several judges. It was, however, a hidden consideration. It was not openly acknowledged and discussed. Consequently, a careful examination and balancing of the demographic consideration could not take place. The result was that the actual influence of the demographic consideration on the outcome of the case was much stronger than can be reasonably justified according to liberal principles of justice. (shrink)

Liberal political theory acknowledges the interdependence of the wellbeing of individuals and the flourishing of the cultural groups to which they belong. Consequently, many liberal political philosophers have proposed policies and laws aimed at multicultural accommodation. That is, policies and laws aimed at assisting communities to preserve their cultural values and practices, and at allowing them greater autonomy and self-government. However, certain religious and cultural groups hold beliefs, values, and practices that are oppressive and discriminatory against some of their own (...) members. Accommodating such groups may contribute to the discrimination and oppression. This question of “minorities within minorities” poses a real dilemma for liberal political philosophy. In this Paper I focus on certain cases that fall under the “minorities within minorities” framework that raise particularly complicated theoretical considerations. These are the cases where the demands for equal treatment are raised not by the state or by outsiders, but by disadvantaged individuals and groups within a community, who base their claim for greater equality not on the superiority of liberal values over the values of their culture but rather on an alternative, competing, interpretation of the values of their culture. I suggest that strong normative considerations support the view that the liberal state should assist challenges by marginalized individuals within communities to reinterpret cultural values and traditions in ways more favorable to them. (shrink)

The current study deals with the responsum of R. Shimon ben Zemah Duran, a Jewish halakhic adjudicator, on the trade in monkeys practiced by Algerian Jews in the middle ages. The basis of the discussion concerning the monkey trade is an ancient prohibition of the Mishna's sages against trading in non-kosher animals. The current study clarifies the halakhic, historical and zoological circumstances underlying the missive sent to Rashbatz. In fact, R. Shimon ben Zemah Duran permitted trading in monkeys. He bases (...) his ruling on ancient sources in rabbinical literature and states that this is not a new issue in the economic life of Algerian Jews and that his family also dealt in the monkey trade. (shrink)

In August 2001, the Israeli Ministry of Health issued its Limitation of Smoking in Public Places Order, categorically forbidding smoking in hospitals. This forced the mental health system to cope with the issue of smoking inside psychiatric hospitals. The main problem was smoking by compulsorily hospitalized psychiatric patients in closed wards. An attempt by a psychiatric hospital to implement the tobacco smoking restraint instruction by banning the sale of cigarettes inside the hospital led to the development of a black market (...) and cases of patient exploitation in return for cigarettes. This article surveys the literature dealing with smoking among psychiatric patients, the role of smoking in patients and the moral dilemmas of taking steps to prevent smoking in psychiatric hospitals. It addresses the need for public discussion on professional caregivers’ dilemmas between their commitment to uphold the law and their duty to act as advocates for their patients’ rights and welfare. (shrink)

The biblical text accords a great deal of attention to King Solomon’s personal abilities and governmental power. Solomon was described as a judge, poet, constructor and the wisest of all people in the Ancient Near East and Egypt. The current study discusses the interpretation of the midrashim that show how Solomon’s wisdom was manifested in his considerable knowledge of ornithomancy, that is, divination using birds, a practice that was considered as an important wisdom in the ancient world because of its (...) practical applications, particularly in the military sphere. It seems that Solomon’s portrayal as a magician is intended and aimed at emphasising his abilities and his impressive character. Moreover, it may have had the purpose of disproving the conception of Solomon as inferior to his surroundings in this respect and the idea that he or his kingdom could be controlled by nations that command this type of wisdom. (shrink)

The ancient Jewish law took a strict approach to medical relationships between Jews and non-Jews. The current study deals with the attitude of Amatus Lusitanus (1511–1568), a notable Portuguese Jewish physician towards treating gentiles. The Physician’s Oath of Lusitanus emphasises that as a doctor he treated people from varied faiths and socio-economic status. Lusitanus treated many non-Jews. For instance, he received an invitation from the municipality of Ragusa to serve as the town physician and he accepted this mission. In Anconare, (...) he was called upon to treat Jacoba del Monte, sister of Pope Julius III, and he also prescribed for Julius himself. Amatus Lusitanus was forced to leave his country because of the Portuguese inquisition and wandered in many countries. Despite the hostile religious attitude of his close surroundings, he did not retaliate against his patients and provided medical treatment indiscriminately. (shrink)

This article examines the nutritional and cultural meaning underlying the list of foods mentioned in the claims of the Israelites in Numbers 11:4–6. The foods eaten by the Israelites in Egypt express stability and a familiar routine, whilst the foods of Eretz Israel, although depicted as choicer, express uncertainty. The list of foods has a literary role on several spheres: (1) The foods are elements distinguishing the agricultural practices in Eretz Israel and Egypt. (2) Fish and vegetables are an indicator (...) of the low class of the Israelites – eating fish reflects the practice of obtaining protein from small animals available to the poor. In Egypt, vegetables were more readily available and were a more prominent ingredient in the diet of the poor and slaves. (3) The food is an indicator of the Egyptian cultural identity of the Israelites – the Bible identifies the longing for the fish and vegetables characteristic of their Egyptian diet as a sign of the Israelites’ cultural and mental affiliation with Egypt. Although they left Egypt physically, they remained affiliated with Egyptian culture and identity. Contribution: This article contributes to the understanding of the biblical story of the ‘desirers’ (Nm 11:4–6) from a multidisplinary perspective. It combines the fields of ancient Egyptian agriculture, nutrition, culture and research on features of immigrants’ foods. (shrink)

Comparing people to trees is a customary and common practice in Jewish tradition. The current article examines the roots and the development of the image of people as trees in Jewish sources, from biblical times to recent generations, as related to the prohibition against destroying fruit trees. The similarity between humans and trees in the Jewish religion and culture was firstly suggested in biblical literature as a conceptual-symbolic element. However, since the Amoraic period, this similarity was transformed to a resemblance (...) bearing mystical and Halakhic implications. Various sources in rabbinical literature describe trees as humans that may be spoken to or yelled at to produce fruit. Cutting down a tree was perceived by the rabbis of the Talmud not only as an unethical act or vandalism, but also as a hazard: the death of the tree corresponds to the death of the person who resembles it. All societies, cultures and religions have a system of values and practices that are aimed at shaping people, society and the environment according to a certain worldview.Contribution: The discussion in this article on the relationship between religion-culture and nature indicates how the Jewish religion shaped believers’ attitude to the world of flora over the generations by transforming the man-tree comparison into one with binding and even threatening practical religious meaning. (shrink)

The biblical story on the miracle of the manna in the Sinai Desert aroused many discussions and interpretations over the generations. The current study focuses on Ibn Ezra’s controversy with Hiwi al-Balkhi on the question of whether the manna was a natural or miraculous phenomenon. The article explores the claims of the two sides in light of the historical evidence and the literature describing the phenomenon of ‘falling manna’ in various areas of the Sinai Desert and Eastern countries. According to (...) Hiwi, the manna that rained down on the Israelites is taranjebin, a semi-liquid resinous sweet secretion of insects (honeydew) that exudes onto plants. Ibn Ezra deals with Hiwi’s claims through a series of refutations and arguments. He argues that the characteristics of the taranjebin do not fit the description of the biblical manna. For example, it does not come down in the Sinai Desert, it appears during a limited season, does not melt in the sun and does not rot during the night, and serves as a medicine rather than as food. Contribution: This article contributes to the understanding of Hiwi al-Balkhi’s identification of the biblical manna as honeydew and Ibn Ezra’s claims against his thesis. It expounds the commentators’ interpretations from a multidisciplinary perspective, such as the reality of harvesting the taranjebin in Iran and North Africa and its uses as food and medicine in the medieval culture. (shrink)

The Midrashic literature and biblical translations focus majorly on the verses that describe the gathering in Haman’s house and the preparing of the gallows for Mordechai the Jew (Es 5:14). The goal of this study is to discuss the narrative shaped by the Targum and Midrashic sources and to examine both the realistic domain concerning methods of punishment that were suggested and the theological–educational meaning of the punishment and the type of tree chosen. Targum Rishon develops the contents of the (...) conversation in Haman’s house as to how Mordechai should be executed. While according to the text, the suggestion to hang Mordechai appears to have been the only method agreed upon by all those present at the meeting, Targum Rishon includes several forms of killing and torture that were proposed and considered. While Targum Rishon presents the theological meaning of the choice to kill Mordechai specifically by hanging him from a gallows, a Midrash aggadah attempts to clarify the species of the tree used to prepare Mordechai’s gallows and comes to the surprising conclusion that it was a type of thorn tree. Regarding Haman’s search for a suitable beam on which to hang Mordechai, Midrash Abba Gorion relates that the beam was found in the king’s palace or, according to another opinion, the sawed beam found originated from Noah’s ark.Contribution: The Midrashic sources portray an entire scene that includes discourse, deliberations and choice in Haman’s house and in heaven. It seems that the authors of the Midrash and the Targum not only clarify the text and complement the story by adding missing realistic details, they also enrich the text with new meanings that serve their theological concepts. (shrink)

The book Shaarei Yerushalayim, written by R. Moshe Reicher, contains contemporary information on 19th-century Eretz Israel. Reicher perceived his compilation as a religious cultural moderator between the Holy Land and the Jews in the Diaspora, in which he reported to the Jews of Galicia on various aspects related to the land. This article discusses his descriptions of local food crops and the messages he attempted to convey to his readers through botanical means. Reicher describes some 70 species of fruits and (...) vegetables that were available in Jerusalem's markets. The occupation with local fruits is part of a 'covert campaign' for Eretz Israel and Jerusalem. Reicher tells his listeners about the good cheap local fruits; he stresses their uniqueness and describes their qualities and the dishes prepared from them, and also compares them with the crops in Galicia. (shrink)

Ancient Jewish law took a strict approach to medical relationships between Jews and non-Jews. Sages forbade Jews to provide non-Jews with medical services: to treat them, circumcise them, or deliver their babies, in order to refrain from helping pagan-idolatrous society. Such law created particularly severe social conflicts in cases of mixed societies based on joint systems. The current paper focuses on the attitude of Moses ben Maimon, a medieval Sephardic Jewish Rabbi towards providing medical service to gentiles. Following the classical (...) rabbis R. Moshe ben Maimon in his halakhic tome Mishne Torah, objected to treating non-Jews. His rigid attitude found expression in several aspects of helping and giving medical treatment to non-Jews. Despite the classical rabbinical restrictions on medical relationships between Jews and non-Jews, and his own rigid halakhic verdicts, Maimonides treated gentiles. According to one understanding, Maimonides cured Muslims for a wage, which is permitted. However, it seems that the main factor that may have facilitated Maimonides halakhic position is the identification of Islam as a non-idolatrous faith. Interestingly not only on medical issues did the Maimonides act differently than his halakhic rulings in Mishne Torah, rather in other areas as well. (shrink)

Musk, which is produced from the glands of several species of deer, was a well-known perfume throughout the Mediterranean Basin in the Middle Ages. The current article examines the meaning of the gathering operation of myrrh mentioned in Song of Songs 5:1, according to R. Joseph Ibn Aknin and Naḥmanides. The two commentators argue that the phrase ariiti mori can be interpreted as the unique manner of gathering the perfume of the musk deer in its lands of origin in the (...) Far East. They contend that harvesting the perfume refers to gathering the perfume that the deer spreads on the rocks naturally, which is a higher quality product. The two medieval rabbis were exposed to contemporary scholars or oral traditions on the way of gathering the musk. Ibn Aknin took the information from Arabic writings, such as of al-Sirāfī and al-Masʿūdī and Ibn JulJuly With regard to Naḥmanides, his source of information on gathering musk is not clear. Contribution: This article contributes to the understanding of the issue of the sources of knowledge of scholars in medieval times and how the achieved information influenced their commentaries on the Biblical Text. The current study expounds the commentators’ interpretations from a multidisplinary perspective, such as the medieval zoology and perfume industry. (shrink)

Moses Maimonides’s Guide of the Perplexed is the greatest philosophical text in the history of Jewish thought and a major work of the Middle Ages. For almost all of its history, however, the Guide has been read and commented upon in translation—in Hebrew, Latin, Spanish, French, English, and other modern languages—rather than in its original Judeo-Arabic. This volume is the first to tell the story of the translations and translators of Maimonides’ Guide and its impact in translation on philosophy from (...) the Middle Ages to the present day. A collection of essays by scholars from a range of disciplines, the book unfolds in two parts. The first traces the history of the translations of the Guide, from medieval to modern renditions. The second surveys its influence in translation on Latin scholastic, early modern, and contemporary Anglo-American philosophy, as well as its impact in translation on current scholarship. Interdisciplinary in approach, this book will be essential reading for philosophers, historians, and religious studies scholars alike. (shrink)

A close analysis of a Ḥasidic homily by R. Kalonymos Kalman Epstein of Krakow, author of Maʾor va-Shemesh. The essay focuses on rhetoric, structure, and thematic content. The role of hermeneutics is engaged throughout.

Takanat ha-shavim, Magen ṿa-shemesh. Ṿa-yaged Moshesh, hosafot ṿe-heʻarot ʻal sefer Takanat ha-shavim.