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Salo Baronquotes the passage in his Social and Religious History of the Jews, vol. 18, pp. 5556. 80. On Maimonides' theory of talmudic authority,see Menahem Kellner,Maimonides on the 'Decline of the Generations'and the Nature of RabbinicAuthority(Albany, 1996). "They vowed and accepted"-qiyemu ve-qibelu (Esther9:27)-is the catchphrasethat is very often used for popularreception of a law or lawcode. A differentview of Jewish law derives the authorityof Jewish communal institutionsfrom Talmudiclaw; here it is the reverse.
Relevant sources can be found througha search of the Bar-IlanResponsa Project Compact Disc (ver. nranr in the rishonimand sixteenth-centurysec*, tions of the database. 10. BT, Sanhedrin52b. In the talmudicperiod, capitalpunishmentwas generally not a morally acceptablepenalty; in seventeenth-centuryPoland,it was also not in the jurisdiction of Jewish courts. Nevertheless, an adulterouswoman was prohibitedboth to her husbandand to her paramour(see BT Sotah 27b). 11. See BT Yevamot24b-25a. '4 The following question appearsin responsumnumber98 in the first volume of Sirkes' responsa, published posthumously in Frankfurtam Main in 1697.
3. See BenjaminCardozo,TheNatureofthe JudicialProcess (New Haven:YaleUniversityPress, 1921), p. 167. 4. HaninaBen-Menahem,Judicial Deviation in TalmudicLaw (Chur:Harwood, 1991), p. An extended discussion of extra-halakhicconsiderationsin the legal thinking of RabbiDavid Ibn Zimra(Egypt, Safed; 1479-1573) can be found in Samuel Morell, "Darkeiha-shikul be-mesiut ha-spesifit be-piskat ha-RaDBaZ,"in Atarah le-Hayyim: Mehkarimbe-sifrut ha-talmudit ve-ha-rabbanitle-khevodProfessorHayyimZalmanDimitrovski,ed.