SALE
S.M. Passamaneck, The Traditional Jewish Law of Sale, Cincinnati:
Hebrew Union College Press, 1983, ISBN 0-87820-408-3, Pp. ii, Price: $20.00
(Monographs of the Hebrew Union College, 9). - Professor Passamaneck here
provides an English translation of chapters 189-240 of Shulhan Arukh Hoshen
Mishpat, i.e. hilkhot mekah umemkar and hilkhot ona'ah umekah
ta'ut, preceded by an Introduction which includes a survey of previous
translations of the Shulhan Arukh, and of the history of the printed
editions, commencing with that of Venice 1564, printed within a decade of
the completion of the work. There is also a set of Lexicographical Notes,
which usefully discusses the semantic range and criteria of translation
of a number of crucial technical terms: ona'ah, aharayut, asmakhta, kinyan,
and a lengthy Synopsis of the Jewish Law of Sale, which introduces the issues
raised in the text and puts many issues in their context, through judicious
use of comparative material from Roman and Canon law. There is also a substantial
set of annotations to the translation, containing references to earlier
rabbinic sources. The author points out the essential intelligibility of
the laws of sale to the modern reader, and the contemporary relevance of
the halakhic rules on fair prices. It is to be hoped that this book will
not only assist students of Jewish law, but also attract the attention of
comparative lawyers. The volume is distributed by Ktav Publishing House
of New York. (B.S.J.)
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