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Israel and the diaspora in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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MOSHE ZEMER

who rendered their decisions in this way. Also. note idem.,Purifying Mamzerim. Jewish Law Annual 10(1992): 99-114, for the influence of individual value systems on rabbinic decisions.

12. The Rashbatz was born in Majorca in 1361 and died in Algiers in 1444. He served as chief rabbi and head of the rabbinic court in Algiers.

13. Responsa Tashberz(Lemberg: 1891),(3) 288. See also the responsum of R. Samson b. Zadok to the question:Why didn't all the Amoraim £0 up to the Land? To this he responded:They had no financial support. so they were forced to relinquish their Torah studies to pursue a livelihood. If itis permitted to leave the Land to study Torah , how much more should one not leave his Rabbi in the Diaspora to go to Eretz Yisrael and neglect his studies in order to search for a way to make a living. Responsa Tashbetz(Katan)(Lemberg: 1858), No. 561.

14. Hilkhot Melakhim 5:3(emphasis added).

15. B. Kiddushin 31a-b.

16. Responsa Yehaveh Daat(Jerusalem : 1978-84),(4):49.

See the other sources in M. Ketubor 13:11 and Tosefta Ketubot 13:2. See the chapter in this

volume by Judith Hauptman onAliyah and Yeridah in Rabbinic Sources and the chapter by Leonard Kravitz.Israel and the DiasporaSacred and Profane, which analyze these and

other sources on these problems. 18. Hilkor[shut 13:19.

19. Teshuvor Ha-Rambam(Blau edition)(2), No. 365.

20. The court relied on the Mishnah and the Gemara in B Ketubor 110b and Tosefta Ketubor 12:5.

21. Ibid.(supra no. 19);[italics].

22. Supra no. 18[italics].

23. The lands of North Africa that are west of Egypt . See Blau(supra note 19)(2): 162, p. 310. note 3. Other references are found in idem., responsa 70. 113, 143. et al.

24. Hilkhot Shavuot 16:11. 25. Deuteronomy 16:20. 26. Exodus 23:1.

27. B. Baba Batra(1) 10a. See Rashi ad loc. The Rambam in his Hilkhot Sanhedrin 24:3 explains

how the Dayyan can distinguish between truthful and deceitful litigants and witne

28. See Teshuvot Ha-Rambam(supra 19) no. 311 et al.

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