Haym Soloveitchik
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781904113997
- eISBN:
- 9781800851061
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.3828/liverpool/9781904113997.003.0015
- Subject:
- Religion, Judaism
This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in ...
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This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in Provençal halakhic thought came to the author's attention which were not explainable by indigenous forces. The geographical distribution of the discussion seemed oddly disproportionate, the fictions too blatant, the types of problem that were raised seemed inappropriate for the period, and the terminology was occasionally alien. The author was compelled to look outside Jewish law for possible stimuli. Placing the Jewish developments within the context of twelfth-century Provençal law shed light on a number of seemingly inexplicable points. The Jewish literature, on the other hand, provided new information about the Gentile law of the time and yielded fresh corroboration for theories of the penetration of Roman law in Provence. However, at the same time this material seemed to point to an earlier date for certain legal developments than is generally accepted. It is these findings that the author wishes to bring to the attention of the scholars of Provençal law.Less
This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in Provençal halakhic thought came to the author's attention which were not explainable by indigenous forces. The geographical distribution of the discussion seemed oddly disproportionate, the fictions too blatant, the types of problem that were raised seemed inappropriate for the period, and the terminology was occasionally alien. The author was compelled to look outside Jewish law for possible stimuli. Placing the Jewish developments within the context of twelfth-century Provençal law shed light on a number of seemingly inexplicable points. The Jewish literature, on the other hand, provided new information about the Gentile law of the time and yielded fresh corroboration for theories of the penetration of Roman law in Provence. However, at the same time this material seemed to point to an earlier date for certain legal developments than is generally accepted. It is these findings that the author wishes to bring to the attention of the scholars of Provençal law.
Haym Soloveitchik
- Published in print:
- 2013
- Published Online:
- February 2021
- ISBN:
- 9781904113973
- eISBN:
- 9781800341104
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.3828/liverpool/9781904113973.003.0006
- Subject:
- Religion, Judaism
This chapter explores an analysis of pawnbroking, which requires parsing simultaneously three areas of Jewish law: debt, pawns, and usury. Any analysis must also incorporate the practices of ...
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This chapter explores an analysis of pawnbroking, which requires parsing simultaneously three areas of Jewish law: debt, pawns, and usury. Any analysis must also incorporate the practices of moneylending in medieval France and Germany and equally the laws governing pawnbroking in these countries. Pawnbroking generated problems. An item might be pawned by a prince, an abbot, a wealthy burgher, a peasant, or even a passing stranger, for people of every rank are occasionally confronted with an urgent need for cash. However, one should emphasize that making loans that are secured by a pawned item and pawnbroking are two different businesses. The chapter then discusses pawnbroking in Ashkenazic halakhic thought, examining ribbit (interest or usury). It also highlights the revolutionary role of Rashi in both halakhic theory and practice. Rashi and his grandson, Rabbenu Tam, dominate the landscape of pawnbroking and usury.Less
This chapter explores an analysis of pawnbroking, which requires parsing simultaneously three areas of Jewish law: debt, pawns, and usury. Any analysis must also incorporate the practices of moneylending in medieval France and Germany and equally the laws governing pawnbroking in these countries. Pawnbroking generated problems. An item might be pawned by a prince, an abbot, a wealthy burgher, a peasant, or even a passing stranger, for people of every rank are occasionally confronted with an urgent need for cash. However, one should emphasize that making loans that are secured by a pawned item and pawnbroking are two different businesses. The chapter then discusses pawnbroking in Ashkenazic halakhic thought, examining ribbit (interest or usury). It also highlights the revolutionary role of Rashi in both halakhic theory and practice. Rashi and his grandson, Rabbenu Tam, dominate the landscape of pawnbroking and usury.
Aaron Levine
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199826865
- eISBN:
- 9780190261368
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199826865.003.0008
- Subject:
- Economics and Finance, History of Economic Thought
This chapter examines the definition, nature, and procedure of the short selling principle from the standpoint of Jewish law. It discusses the following applications of short selling: naked short ...
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This chapter examines the definition, nature, and procedure of the short selling principle from the standpoint of Jewish law. It discusses the following applications of short selling: naked short selling in the economic collapse of Lehman Brothers Holdings, Inc., vanilla variety, short selling a competitor's stock, and short selling that creates a false impression. It also presents the principle of short selling as a stability and economic efficiency tool used by the Jewish government.Less
This chapter examines the definition, nature, and procedure of the short selling principle from the standpoint of Jewish law. It discusses the following applications of short selling: naked short selling in the economic collapse of Lehman Brothers Holdings, Inc., vanilla variety, short selling a competitor's stock, and short selling that creates a false impression. It also presents the principle of short selling as a stability and economic efficiency tool used by the Jewish government.