Tractate Menachot ( Hebrew : מְנָחוֹת ; "Meal Offerings") is the second tractate of the Order of Kodashim . It has Gemara in the Babylonian Talmud and a Tosefta .
132-452: Menachot deals with the rules regarding the preparation and presentation of grain-meal, oil, and drink offerings, including the meal-offering that was burnt on the altar and the remainder that was consumed by the priests as specified in the Torah ( Lev 2:1 and on); the bringing of the omer of barley ( Lev 23:10 ), the two loaves ( Lev 23:17 ), and the showbread ( Lev 24:5 ).as offerings in
264-467: A quill (or other permitted writing utensil) dipped in ink. Written entirely in Hebrew , a sefer Torah contains 304,805 letters, all of which must be duplicated precisely by a trained sofer ("scribe"), an effort that may take as long as approximately one and a half years. Most modern Sifrei Torah are written with forty-two lines of text per column ( Yemenite Jews use fifty), and very strict rules about
396-465: A "Public Domain Day" was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist), with support for the idea echoed by Lawrence Lessig . As of 1 January 2010, there is as Public Domain Day website lists the authors whose works are entering the public domain. There are activities in countries around the world by various organizations all under
528-557: A binding covenant with God, who chooses Israel, and the establishment of the life of the community and the guidelines for sustaining it. The Book of Leviticus begins with instructions to the Israelites on how to use the Tabernacle , which they had just built (Leviticus 1–10). This is followed by rules of clean and unclean (Leviticus 11–15), which includes the laws of slaughter and animals permissible to eat (see also: Kashrut ),
660-589: A broad consensus of modern scholars see its origin in traditions from Israel (the northern kingdom) brought south to the Kingdom of Judah in the wake of the Assyrian conquest of Aram (8th century BCE) and then adapted to a program of nationalist reform in the time of Josiah (late 7th century BCE), with the final form of the modern book emerging in the milieu of the return from the Babylonian captivity during
792-452: A central Jerusalem square. Wellhausen believed that this narrative should be accepted as historical because it sounds plausible, noting: "The credibility of the narrative appears on the face of it." Following Wellhausen, most scholars throughout the 20th and early 21st centuries have accepted that widespread Torah observance began sometime around the middle of the 5th century BCE. More recently, Yonatan Adler has argued that in fact there
924-529: A copyright has expired depends on an examination of the copyright in its source country. In most countries that are signatories to the Berne Convention , copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author. (See List of copyright terms of countries .) In the United States, determining whether a work has entered the public domain or
1056-412: A frame during the exile (the speeches and descriptions at the front and back of the code) to identify it as the words of Moses. However, since the 1990s, the biblical description of Josiah's reforms (including his court's production of a law-code) have become heavily debated among academics. Most scholars also agree that some form of Priestly source existed, although its extent, especially its end-point,
1188-665: A great number of tannaim , the oral tradition was written down around 200 CE by Rabbi Judah ha-Nasi , who took up the compilation of a nominally written version of the Oral Law, the Mishnah ( משנה ). Other oral traditions from the same time period not entered into the Mishnah were recorded as Baraitot (external teaching), and the Tosefta . Other traditions were written down as Midrashim . After continued persecution more of
1320-467: A publication now in the public domain : Singer, Isidore ; et al., eds. (1901–1906). " Menahot ". The Jewish Encyclopedia . New York: Funk & Wagnalls. Torah The Torah ( / ˈ t ɔːr ə / or / ˈ t oʊ r ə / ; Biblical Hebrew : תּוֹרָה Tōrā , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible , namely
1452-457: A work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country. The term public domain may also be interchangeably used with other imprecise or undefined terms such as the public sphere or commons , including concepts such as
SECTION 10
#17327761039751584-475: A work, as well as other forms of transformation or adaptation. Copyrighted works may not be used for derivative works without permission from the copyright owner, while public domain works can be freely used for derivative works without permission. Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works. Works derived from public domain works can be copyrighted. Once works enter into
1716-537: Is Targum . The Encyclopaedia Judaica has: At an early period, it was customary to translate the Hebrew text into the vernacular at the time of the reading (e.g., in Palestine and Babylon the translation was into Aramaic). The targum ("translation") was done by a special synagogue official, called the meturgeman ... Eventually, the practice of translating into the vernacular was discontinued. However, there
1848-619: Is a combination of the copyright symbol , which acts as copyright notice , with the international 'no' symbol . The Europeana databases use it, and for instance on the Wikimedia Commons in February 2016 2.9 million works (~10% of all works) are listed with the mark. The underlying idea that is expressed or manifested in the creation of a work generally cannot be the subject of copyright law (see idea–expression divide ). Mathematical formulae will therefore generally form part of
1980-512: Is a film that was never under copyright, was released to public domain by its author, or whose copyright has expired. All films in the United States before January 1st, 1929 have been entered in the public domain. Pamela Samuelson has identified eight "values" that can arise from information and works in the public domain. Possible values include: Derivative works include translations , musical arrangements , and dramatizations of
2112-622: Is better known as aspirin in the United States—a generic term. In Canada, however, Aspirin , with an uppercase A, is still a trademark of the German company Bayer , while aspirin, with a lowercase "a", is not. Bayer lost the trademark in the United States, the UK and France after World War I, as part of the Treaty of Versailles . So many copycat products entered the marketplace during the war that it
2244-581: Is called Chumash , and is usually printed with the rabbinic commentaries ( perushim ). In rabbinic literature , the word Torah denotes both the five books ( תורה שבכתב "Torah that is written") and the Oral Torah ( תורה שבעל פה , "Torah that is spoken"). It has also been used, however, to designate the entire Hebrew Bible . The Oral Torah consists of interpretations and amplifications which according to rabbinic tradition have been handed down from generation to generation and are now embodied in
2376-590: Is called a Sefer Torah ("Book [of] Torah"). They are written using a painstakingly careful method by highly qualified scribes . It is believed that every word, or marking, has divine meaning and that not one part may be inadvertently changed lest it lead to error. The fidelity of the Hebrew text of the Tanakh, and the Torah in particular, is considered paramount, down to the last letter: translations or transcriptions are frowned upon for formal service use, and transcribing
2508-514: Is done with painstaking care. An error of a single letter, ornamentation, or symbol of the 304,805 stylized letters that make up the Hebrew Torah text renders a Torah scroll unfit for use, hence a special skill is required and a scroll takes considerable time to write and check. According to Jewish law, a sefer Torah (plural: Sifrei Torah ) is a copy of the formal Hebrew text handwritten on gevil or klaf (forms of parchment ) by using
2640-497: Is in the public domain due to an unrenewed copyright. Courts in different jurisdictions have come to different conclusions as to whether the reproduction of a public domain work gains its own rights protection, or whether it to is in the public domain. In a German 2016 case, the Reiss-Engelhorn-Museen , an art museum, sued Wikimedia Commons over photographs uploaded to the database depicting pieces of art in
2772-559: Is no Jerusalem Talmud gemara on tractate Menaḥot, though the medieval Tosafot mentions a passage that is found in tractate Yoma of the Yerushalmi. (109b, s.v. nizdamen ). Besides the main topics, summarized above, the Talmud contains noteworthy deliberations and narratives on other matters, such as: Chapter 3: Scribal guidelines for Hebrew letters and for writing Torah, mezuzah , and tefillin parchments. 29b: A notable sugya
SECTION 20
#17327761039752904-529: Is no suggestion that these translations had been written down as early as this. There are suggestions that the Targum was written down at an early date, although for private use only. The official recognition of a written Targum and the final redaction of its text, however, belong to the post-Talmudic period, thus not earlier than the fifth century C.E. Public domain The public domain ( PD ) consists of all
3036-553: Is no surviving evidence to support the notion that the Torah was widely known, regarded as authoritative, and put into practice prior to the middle of the 2nd century BCE. Adler explored the likelihhood that Judaism, as the widespread practice of Torah law by Jewish society at large, first emerged in Judea during the reign of the Hasmonean dynasty , centuries after the putative time of Ezra. By contrast, John J. Collins has argued that
3168-479: Is not possible to waive those rights, but only the rights related to the exploitation of the work. A solution to this issue (as found in the Creative Commons Zero dedication) is to interpret the license by setting "three different layers of action. First, the right holder waives any copyright and related rights that can be waived in accordance with the applicable law. Secondly, if there are rights that
3300-513: Is only registered in reference to food products (a trademark claim is made within a particular field). Such defences have failed in the United Kingdom. Public Domain Day is an observance of when copyrighted works expire and works enter into the public domain. This legal transition of copyright works into the public domain usually happens every year on 1 January based on the individual copyright laws of each country . The observance of
3432-660: Is read every Monday morning and Thursday morning at a shul (synagogue) but only if there are ten males above the age of thirteen. Reading the Torah publicly is one of the bases of Jewish communal life. The Torah is also considered a sacred book outside Judaism; in Samaritanism , the Samaritan Pentateuch is a text of the Torah written in the Samaritan script and used as sacred scripture by the Samaritans ;
3564-452: Is regardless of whether that yod appears in the phrase "I am the LORD thy God" ( אָנֹכִי יְהוָה אֱלֹהֶיךָ , Exodus 20:2) or whether it appears in "And God spoke unto Moses saying" ( וַיְדַבֵּר אֱלֹהִים, אֶל-מֹשֶׁה; וַיֹּאמֶר אֵלָיו, אֲנִי יְהוָה. Exodus 6:2). In a similar vein, Rabbi Akiva ( c. 50 – c. 135 CE ), is said to have learned a new law from every et ( את ) in
3696-506: Is required to grant permission (" Permission culture "). There are multiple licenses which aim to release works into the public domain. In 2000 the WTFPL was released as a public domain like software license . Creative Commons (created in 2002 by Lawrence Lessig , Hal Abelson , and Eric Eldred ) has introduced several public-domain-like licenses, called Creative Commons licenses . These give authors of works (that would qualify for copyright)
3828-411: Is still under copyright depends upon what the law or regulation was at creation, and whether new regulations have grandfathered in certain older works. Because copyright terms shifted over the course of the 20th century from a fixed-term based on first publication, with a possible renewal term , to a term extending to 50, then 70, years after the death of the author. The claim that "pre-1929 works are in
3960-718: Is the Zero Clause BSD license , released in 2006 and aimed at software. In October 2014, the Open Knowledge Foundation recommends the Creative Commons CC0 license to dedicate content to the public domain, and the Open Data Commons Public Domain Dedication and License (PDDL) for data. In most countries, the term of rights for patents is 20 years, after which the invention becomes part of
4092-614: Is the culmination of the story of Israel's exodus from oppression in Egypt and their journey to take possession of the land God promised their fathers . As such it draws to a conclusion the themes introduced in Genesis and played out in Exodus and Leviticus: God has promised the Israelites that they shall become a great (i.e. numerous) nation, that they will have a special relationship with Yahweh their god, and that they shall take possession of
Menachot - Misplaced Pages Continue
4224-445: Is the homiletical narrative when Moses sees Rabbi Akiva . It begins with Moses finding God putting calligraphy "crowns" on the letters of the Torah, for the sake of Rabbi Akiva . Moses then sees Akiva as a teacher and as a martyr due to Roman persecution. This sugya has intrigued contemporary Jewish studies scholars. Chapter 4: Includes a discussion of tzitzit . 53a-b: A sugya with the style of R. Ezra's midrash aggadah , with
4356-466: Is the second book of the Torah, immediately following Genesis. The book tells how the ancient Israelites leave slavery in Egypt through the strength of Yahweh , the God who has chosen Israel as his people. Yahweh inflicts horrific harm on their captors via the legendary Plagues of Egypt . With the prophet Moses as their leader, they journey through the wilderness to Mount Sinai , where Yahweh promises them
4488-565: Is uncertain. The remainder is called collectively non-Priestly, a grouping which includes both pre-Priestly and post-Priestly material. The final Torah is widely seen as a product of the Persian period (539–332 BCE, probably 450–350 BCE). This consensus echoes a traditional Jewish view which gives Ezra , the leader of the Jewish community on its return from Babylon, a pivotal role in its promulgation. Many theories have been advanced to explain
4620-507: The parashot for the Torah on the Aleppo Codex . Conservative and Reform synagogues may read parashot on a triennial rather than annual schedule, On Saturday afternoons, Mondays, and Thursdays, the beginning of the following Saturday's portion is read. On Jewish holidays , the beginnings of each month, and fast days , special sections connected to the day are read. Jews observe an annual holiday, Simchat Torah , to celebrate
4752-686: The hif'il conjugation means 'to guide' or 'to teach'. The meaning of the word is therefore "teaching", "doctrine", or "instruction"; the commonly accepted "law" gives a wrong impression. The Alexandrian Jews who translated the Septuagint used the Greek word nomos , meaning norm, standard, doctrine, and later "law". Greek and Latin Bibles then began the custom of calling the Pentateuch (five books of Moses) The Law. Other translational contexts in
4884-422: The public sphere or commons , including concepts such as the "commons of the mind", the "intellectual commons", and the "information commons". A public-domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired or have been forfeited. In most countries the term of protection of copyright expires on the first day of January, 70 years after
5016-455: The Ancestral history (chapters 12–50). The primeval history sets out the author's (or authors') concepts of the nature of the deity and of humankind's relationship with its maker: God creates a world which is good and fit for mankind, but when man corrupts it with sin God decides to destroy his creation, using the flood, saving only the righteous Noah and his immediate family to reestablish
5148-599: The Children of Israel . The Torah starts with God creating the world , then describes the beginnings of the people of Israel , their descent into Egypt, and the giving of the Torah at Mount Sinai . It ends with the death of Moses , just before the people of Israel cross to the Promised Land of Canaan . Interspersed in the narrative are the specific teachings (religious obligations and civil laws) given explicitly (i.e. Ten Commandments ) or implicitly embedded in
5280-571: The Day of Atonement (Leviticus 16), and various moral and ritual laws sometimes called the Holiness Code (Leviticus 17–26). Leviticus 26 provides a detailed list of rewards for following God's commandments and a detailed list of punishments for not following them. Leviticus 17 establishes sacrifices at the Tabernacle as an everlasting ordinance, but this ordinance is altered in later books with
5412-528: The German Copyright Act , stating that since the photographer needed to make practical decisions about the photograph that it was protected material. In contrast, in the 1999 US case Bridgeman Art Library v. Corel Corp. , the court ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality . In some countries, certain works may never fully lapse into
Menachot - Misplaced Pages Continue
5544-684: The Jerusalem Talmud . Since the greater number of rabbis lived in Babylon, the Babylonian Talmud has precedence should the two be in conflict. Orthodox and Conservative branches of Judaism accept these texts as the basis for all subsequent halakha and codes of Jewish law, which are held to be normative. Reform and Reconstructionist Judaism deny that these texts, or the Torah itself for that matter, may be used for determining normative law (laws accepted as binding) but accept them as
5676-525: The L ORD our God, the L ORD is one." Verses 6:4–5 were also quoted by Jesus in Mark 12:28–34 as part of the Great Commandment . The Talmud states that the Torah was written by Moses, with the exception of the last eight verses of Deuteronomy, describing his death and burial, being written by Joshua . According to the Mishnah one of the essential tenets of Judaism is that God transmitted
5808-546: The Music of Mesopotamia system, was created 4,000 years ago. Guido of Arezzo introduced Latin musical notation in the 10th century. This laid the foundation for the preservation of global music in the public domain, a distinction formalized alongside copyright systems in the 17th century. Musicians copyrighted their publications of musical notation as literary writings, but performing copyrighted pieces and creating derivative works were not restricted by early copyright laws. Copying
5940-518: The Talmud and Midrash . Rabbinic tradition's understanding is that all of the teachings found in the Torah (both written and oral) were given by God through the prophet Moses , some at Mount Sinai and others at the Tabernacle , and all the teachings were written down by Moses , which resulted in the Torah that exists today. According to the Midrash, the Torah was created prior to the creation of
6072-642: The Temple in Jerusalem . The tractate also draws upon verses in Numbers chapters 5, 6, 28, and 29. The thirteen chapters of the Mishnah tractate cover the following topics: As noted by Singer and Lauterbach, "The order given above is that of the editions of the Mishnah and of many manuscripts of the Talmud (compare the observation of R. Bezalel Ashkenazi at the end of the Shiṭṭah Meḳubbeẓet on Menaḥot, in
6204-548: The Vilna edition of the Talmud, p.109b). On the other hand, all the printed editions of the Talmud have the chapter beginning "R. Ishmael," given above as the tenth, in the sixth place, the remaining chapters occurring in the order given above." The Tosefta (13:18-22) discusses greed and violence done by the priests, which is said to have contributed to the destruction of the Second Temple , due to baseless hatred. There
6336-480: The children of Israel descend into Egypt, 70 people in all with their households, and God promises them a future of greatness. Genesis ends with Israel in Egypt, ready for the coming of Moses and the Exodus . The narrative is punctuated by a series of covenants with God , successively narrowing in scope from all mankind (the covenant with Noah ) to a special relationship with one people alone (Abraham and his descendants through Isaac and Jacob). The Book of Exodus
6468-501: The creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived , or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare , Ludwig van Beethoven , Miguel de Cervantes , Zoroaster , Lao Zi , Confucius , Aristotle , L. Frank Baum , Leonardo da Vinci and Georges Méliès are in
6600-487: The synagogue in the Ark known as the "Holy Ark" ( אֲרוֹן הקֹדשׁ aron hakodesh in Hebrew.) Aron in Hebrew means "cupboard" or "closet", and kodesh is derived from "kadosh", or "holy". The Book of Ezra refers to translations and commentaries of the Hebrew text into Aramaic , the more commonly understood language of the time. These translations would seem to date to the 6th century BCE. The Aramaic term for translation
6732-502: The "commons of the mind", the "intellectual commons", and the "information commons". Although the term domain did not come into use until the mid-18th century, the concept can be traced back to the ancient Roman law , "as a preset system included in the property right system". The Romans had a large proprietary rights system where they defined "many things that cannot be privately owned" as res nullius , res communes , res publicae and res universitatis . The term res nullius
SECTION 50
#17327761039756864-427: The "personality" of the person drawing them, are not subject to copyright protection. This is separate from the patent rights just mentioned. A trademark registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by
6996-546: The 'Pentateuch' ( / ˈ p ɛ n . t ə ˌ t juː k / , PEN -tə-tewk ; ‹See Tfd› Greek : πεντάτευχος , pentáteukhos , 'five scrolls'), a term first used in the Hellenistic Judaism of Alexandria . The " Tawrat " (also Tawrah or Taurat; Arabic : توراة ) is the Arabic name for the Torah, which Muslims believe is an Islamic holy book given by God to the prophets and messengers amongst
7128-406: The 19th and 20th centuries CE, new movements such as Reform Judaism and Conservative Judaism have made adaptations to the practice of Torah reading, but the basic pattern of Torah reading has usually remained the same: As a part of the morning prayer services on certain days of the week, fast days, and holidays, as well as part of the afternoon prayer services of Shabbat, Yom Kippur, a section of
7260-578: The English language include custom , theory , guidance , or system . The term "Torah" is used in the general sense to include both Rabbinic Judaism 's written and oral law , serving to encompass the entire spectrum of authoritative Jewish religious teachings throughout history, including the Oral Torah which comprises the Mishnah , the Talmud , the Midrash and more. The inaccurate rendering of "Torah" as "Law" may be an obstacle to understanding
7392-558: The Israelites have received their laws and covenant from God and God has taken up residence among them in the sanctuary . The task before them is to take possession of the Promised Land. The people are counted and preparations are made for resuming their march. The Israelites begin the journey, but they "murmur" at the hardships along the way, and about the authority of Moses and Aaron . For these acts, God destroys approximately 15,000 of them through various means. They arrive at
7524-481: The Just appointed his younger but learned son Onias to be his successor. Onias renounced his claim in favor of his elder brother Shimei. Onias, however, secretly grudged him his position and endeavored to supplant him. Consequently when Shimei, who was inexperienced in the priestly service, asked Onias to instruct him in its duties, the latter misled him into putting on a woman's cap and girdle to officiate in, and then told
7656-606: The Oral Law was committed to writing. A great many more lessons, lectures and traditions only alluded to in the few hundred pages of Mishnah, became the thousands of pages now called the Gemara . Gemara is written in Aramaic (specifically Jewish Babylonian Aramaic ), having been compiled in Babylon. The Mishnah and Gemara together are called the Talmud. The rabbis in the Land of Israel also collected their traditions and compiled them into
7788-511: The Oral and the written Torah were transmitted in parallel with each other. Where the Torah leaves words and concepts undefined, and mentions procedures without explanation or instructions, the reader is required to seek out the missing details from supplemental sources known as the Oral Law or Oral Torah. Some of the Torah's most prominent commandments needing further explanation are: According to classical rabbinic texts this parallel set of material
7920-551: The Pentateuch is read from a Torah scroll. On Shabbat (Saturday) mornings, a weekly section (" parashah ") is read, selected so that the entire Pentateuch is read consecutively each year. The division of parashot found in the modern-day Torah scrolls of all Jewish communities (Ashkenazic, Sephardic, and Yemenite) is based upon the systematic list provided by Maimonides in Mishneh Torah , Laws of Tefillin, Mezuzah and Torah Scrolls , chapter 8. Maimonides based his division of
8052-448: The Promised Land. The first sermon recounts the forty years of wilderness wanderings which had led to that moment, and ends with an exhortation to observe the law (or teachings), later referred to as the Law of Moses ; the second reminds the Israelites of the need to follow Yahweh and the laws (or teachings) he has given them, on which their possession of the land depends; and the third offers
SECTION 60
#17327761039758184-504: The Talmud, because they brought it with them from Assyria. Maharsha says that Ezra made no changes to the actual text of the Torah based on the Torah's prohibition of making any additions or deletions to the Torah in Deuteronomy 12:32 . By contrast, the modern scholarly consensus rejects Mosaic authorship, and affirms that the Torah has multiple authors and that its composition took place over centuries. The precise process by which
8316-496: The Temple being the only place in which sacrifices are allowed. The Book of Numbers is the fourth book of the Torah. The book has a long and complex history, but its final form is probably due to a Priestly redaction (i.e., editing) of a Yahwistic source made some time in the early Persian period (5th century BCE). The name of the book comes from the two censuses taken of the Israelites. Numbers begins at Mount Sinai , where
8448-485: The Torah (Talmud, tractate Pesachim 22b); the particle et is meaningless by itself, and serves only to mark the direct object . In other words, the Orthodox belief is that even apparently contextual text such as "And God spoke unto Moses saying ..." is no less holy and sacred than the actual statement. Manuscript Torah scrolls are still scribed and used for ritual purposes (i.e., religious services ); this
8580-586: The Torah is also common among all the different versions of the Christian Old Testament ; in Islam , the Tawrat ( Arabic : توراة ) is the Arabic name for the Torah within its context as an Islamic holy book believed by Muslims to have been given by God to the prophets and messengers amongst the Children of Israel . The word "Torah" in Hebrew is derived from the root ירה , which in
8712-702: The Torah was composed, the number of authors involved, and the date of each author are hotly contested. Throughout most of the 20th century, there was a scholarly consensus surrounding the documentary hypothesis , which posits four independent sources, which were later compiled together by a redactor: J, the Jahwist source, E, the Elohist source, P, the Priestly source , and D, the Deuteronomist source. The earliest of these sources, J, would have been composed in
8844-418: The Torah was introduced by Ezra the Scribe after the return of the Jewish people from the Babylonian captivity ( c. 537 BCE ), as described in the Book of Nehemiah . In the modern era, adherents of Orthodox Judaism practice Torah-reading according to a set procedure they believe has remained unchanged in the two thousand years since the destruction of the Temple in Jerusalem (70 CE). In
8976-400: The Torah") is a Jewish religious ritual that involves the public reading of a set of passages from a Torah scroll . The term often refers to the entire ceremony of removing the Torah scroll (or scrolls) from the ark , chanting the appropriate excerpt with traditional cantillation , and returning the scroll(s) to the ark. It is distinct from academic Torah study . Regular public reading of
9108-458: The Torah, should be the source for Jewish behavior and ethics. Kabbalists hold that not only do the words of Torah give a divine message, but they also indicate a far greater message that extends beyond them. Thus they hold that even as small a mark as a kotso shel yod ( קוצו של יוד ), the serif of the Hebrew letter yod (י), the smallest letter, or decorative markings, or repeated words, were put there by God to teach scores of lessons. This
9240-476: The UK). In countries where they cannot be waived they will remain into full effect in accordance to the applicable law (think of France, Spain or Italy where moral rights cannot be waived)." The same occurs in Switzerland. The Unlicense , published around 2010, has a focus on an anti-copyright message. The Unlicense offers a public domain waiver text with a fallback public domain-like license inspired by permissive licenses but without attribution. Another option
9372-434: The US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically sourced works may be in the public domain if they failed to comply with then-existing formalities requirements—a situation described as odd by some scholars, and unfair by some US-based rightsholders. Works of various governments around
9504-613: The US, works could be easily given into the public domain by just releasing it without an explicit copyright notice . With the Berne Convention Implementation Act of 1988 (and the earlier Copyright Act of 1976 , which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a waiver statement/ anti-copyright can call notice . Not all legal systems have processes for reliably donating works to
9636-579: The Written Torah was recorded during the following forty years, though many non-Orthodox Jewish scholars affirm the modern scholarly consensus that the Written Torah has multiple authors and was written over centuries. All classical rabbinic views hold that the Torah was entirely Mosaic and of divine origin. Present-day Reform and Liberal Jewish movements all reject Mosaic authorship, as do most shades of Conservative Judaism . Torah reading ( Hebrew : קריאת התורה , K'riat HaTorah , "Reading [of]
9768-464: The ability to decide which protections they would like to place on their material. As copyright is the default license for new material, Creative Commons licenses offer authors a variety of options to designate their work under whichever license they wish, as long as this does not violate standing copyright law. For example, a CC BY license allows for re-users to distribute, remix, adapt, and build upon material, while also agreeing to provide attribution to
9900-412: The authentic and only Jewish version for understanding the Torah and its development throughout history. Humanistic Judaism holds that the Torah is a historical, political, and sociological text, but does not believe that every word of the Torah is true, or even morally correct. Humanistic Judaism is willing to question the Torah and to disagree with it, believing that the entire Jewish experience, not just
10032-603: The author in any of these cases. In 2009 the Creative Commons released the CC0 , which was created for compatibility with law domains which have no concept of dedicating into public domain . This is achieved by a public domain waiver statement and a fallback all-permissive license, in case the waiver is not possible. Unlike in the US, where author's moral rights are generally not specifically regulated, in some countries where moral rights are protected separately in law it
10164-421: The basis of the Pentateuch lay in short, independent narratives, gradually formed into larger units and brought together in two editorial phases, the first Deuteronomic, the second Priestly. By contrast, John Van Seters advocates a supplementary hypothesis , which posits that the Torah was derived from a series of direct additions to an existing corpus of work. A "neo-documentarian" hypothesis, which responds to
10296-468: The book as initially a product of the Babylonian exile (6th century BCE), from earlier written and oral traditions, with final revisions in the Persian post-exilic period (5th century BCE). Carol Meyers , in her commentary on Exodus suggests that it is arguably the most important book in the Bible, as it presents the defining features of Israel's identity: memories of a past marked by hardship and escape,
10428-643: The books of Genesis , Exodus , Leviticus , Numbers and Deuteronomy . In Christianity , the Torah is also known as the Pentateuch ( / ˈ p ɛ n t ə tj uː k / ) or the Five Books of Moses . In Rabbinical Jewish tradition it is also known as the Written Torah ( תּוֹרָה שֶׁבִּכְתָב , Tōrā šebbīḵṯāv ). If meant for liturgic purposes, it takes the form of a Torah scroll ( Hebrew : ספר תורה Sefer Torah ). If in bound book form , it
10560-527: The borders of Canaan and send spies into the land. Upon hearing the spies' fearful report concerning the conditions in Canaan, the Israelites refuse to take possession of it. God condemns them to death in the wilderness until a new generation can grow up and carry out the task. The book ends with the new generation of Israelites in the " plains of Moab " ready for the crossing of the Jordan River . Numbers
10692-519: The comfort that even should Israel prove unfaithful and so lose the land, with repentance all can be restored. The final four chapters (31–34) contain the Song of Moses , the Blessing of Moses , and narratives recounting the passing of the mantle of leadership from Moses to Joshua and, finally, the death of Moses on Mount Nebo . Presented as the words of Moses delivered before the conquest of Canaan,
10824-431: The completion and new start of the year's cycle of readings. Torah scrolls are often dressed with a sash, a special Torah cover, various ornaments, and a keter (crown), although such customs vary among synagogues. Congregants traditionally stand in respect when the Torah is brought out of the ark to be read, while it is being carried, and lifted, and likewise while it is returned to the ark, although they may sit during
10956-515: The composition of the Torah, but two have been especially influential. The first of these, Persian Imperial authorisation, advanced by Peter Frei in 1985, holds that the Persian authorities required the Jews of Jerusalem to present a single body of law as the price of local autonomy. Frei's theory was, according to Eskenazi, "systematically dismantled" at an interdisciplinary symposium held in 2000, but
11088-674: The construction of the idea of "public domain" sprouted from the concepts of res communes , res publicae , and res universitatis in early Roman law. When the first early copyright law was originally established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the 18th century. Instead of "public domain", they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law. The phrase "fall in
11220-517: The criticism of the original hypothesis and updates the methodology used to determine which text comes from which sources, has been advocated by biblical historian Joel S. Baden, among others. Such a hypothesis continues to have adherents in Israel and North America. The majority of scholars today continue to recognize Deuteronomy as a source, with its origin in the law-code produced at the court of Josiah as described by De Wette, subsequently given
11352-405: The date and location of publishing, unless explicitly released beforehand. The Musopen project records music in the public domain for the purposes of making the music available to the general public in a high-quality audio format. Online musical archives preserve collections of classical music recorded by Musopen and offer them for download/distribution as a public service. A public-domain film
11484-470: The death of the latest living author. The longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. A notable exception is the United States, where every book and tale published before 1929 is in the public domain; US copyrights last for 95 years for books originally published between 1929 and 1978 if the copyright was properly registered and maintained. For example:
11616-413: The entire corpus (according to academic Bible criticism). In contrast, there is every likelihood that its use in the post-Exilic works was intended to be comprehensive. Other early titles were "The Book of Moses" and "The Book of the Torah", which seems to be a contraction of a fuller name, "The Book of the Torah of God". Christian scholars usually refer to the first five books of the Hebrew Bible as
11748-527: The festival of Passover . In his seminal Prolegomena zur Geschichte Israels , Julius Wellhausen argued that Judaism as a religion based on widespread observance of the Torah and its laws first emerged in 444 BCE when, according to the biblical account provided in the Book of Nehemiah (chapter 8), a priestly scribe named Ezra read a copy of the Mosaic Torah before the populace of Judea assembled in
11880-556: The final formation of the Pentateuch somewhat later, in the Hellenistic (332–164 BCE) or even Hasmonean (140–37 BCE) periods. Russell Gmirkin, for instance, argues for a Hellenistic dating on the basis that the Elephantine papyri , the records of a Jewish colony in Egypt dating from the last quarter of the 5th century BCE, make no reference to a written Torah, the Exodus , or to any other biblical event, though it does mention
12012-501: The former of which refers to melody, notation or lyrics created by a composer or lyricist, including sheet music, and the latter referring to a recording performed by an artist, including a CD, LP, or digital sound file. Musical compositions fall under the same general rules as other works, and anything published before 1925 is considered public domain. Sound recordings, on the other hand, are subject to different rules and are not eligible for public domain status until 2021–2067, depending on
12144-501: The ideal that is summed up in the term talmud torah ( תלמוד תורה , "study of Torah"). The term "Torah" is also used to designate the entire Hebrew Bible . The earliest name for the first part of the Bible seems to have been "The Torah of Moses". This title, however, is found neither in the Torah itself, nor in the works of the pre-Exilic literary prophets . It appears in Joshua and Kings , but it cannot be said to refer there to
12276-404: The land of Canaan (the " Promised Land ") in return for their faithfulness. Israel enters into a covenant with Yahweh who gives them their laws and instructions to build the Tabernacle , the means by which he will come from heaven and dwell with them and lead them in a holy war to possess the land, and then give them peace. Traditionally ascribed to Moses himself, modern scholarship sees
12408-428: The land of Canaan. Numbers also demonstrates the importance of holiness, faithfulness and trust: despite God's presence and his priests , Israel lacks faith and the possession of the land is left to a new generation. The Book of Deuteronomy is the fifth book of the Torah. Chapters 1–30 of the book consist of three sermons or speeches delivered to the Israelites by Moses on the plains of Moab , shortly before they enter
12540-523: The late 6th century BCE. Many scholars see the book as reflecting the economic needs and social status of the Levite caste, who are believed to have provided its authors; those likely authors are collectively referred to as the Deuteronomist . One of its most significant verses is Deuteronomy 6:4, the Shema Yisrael , which has become the definitive statement of Jewish identity : "Hear, O Israel:
12672-470: The late 7th or the 6th century BCE, with the latest source, P, being composed around the 5th century BCE. The consensus around the documentary hypothesis collapsed in the last decades of the 20th century. The groundwork was laid with the investigation of the origins of the written sources in oral compositions, implying that the creators of J and E were collectors and editors and not authors and historians. Rolf Rendtorff , building on this insight, argued that
12804-419: The launching point for transformative retellings such as Tom Stoppard 's Rosencrantz and Guildenstern Are Dead and Troma Entertainment 's Tromeo and Juliet . Marcel Duchamp's L.H.O.O.Q. is a derivative of Leonardo da Vinci's Mona Lisa , one of thousands of derivative works based on the public domain painting. The 2018 film A Star is Born is a remake of the 1937 film of the same name , which
12936-480: The museum. The museum claimed that the photos were taken by their staff, and that photography within the museum by visitors was prohibited. Therefore, photos taken by the museum, even of material that itself had fallen into the public domain, were protected by copyright law and would need to be removed from the Wikimedia image repository. The court ruled that the photographs taken by the museum would be protected under
13068-603: The narrative (as in Exodus 12 and 13 laws of the celebration of Passover ). In Hebrew, the five books of the Torah are identified by the incipits in each book; and the common English names for the books are derived from the Greek Septuagint and reflect the essential theme of each book: The Book of Genesis is the first book of the Torah. It is divisible into two parts, the Primeval history (chapters 1–11) and
13200-414: The notion that God was justified before Abraham for the destruction of the Temple and the exile to Babylonia . Compares the people of Israel to an olive-tree. 99b: The attitude of Rabbi Ishmael toward Hellenism . 109b: A sugya about the origin of the temple of Onias. Jacob Zallel Lauterbach and Isadore Singer drew attention to its concluding episode: At the hour of his death the high priest Simon
13332-674: The observance of the Torah started in Persian Yehud when the Judeans who returned from exile understood its normativity as the observance of selected, ancestral laws of high symbolic value, while during the Maccabean revolt Jews started a much more detailed observance of its precepts. Rabbinic writings state that the Oral Torah was given to Moses at Mount Sinai , which, according to the tradition of Orthodox Judaism , occurred in 1312 BCE. The Orthodox rabbinic tradition holds that
13464-622: The ocean of the public domain." Copyright law differs by country, and the American legal scholar Pamela Samuelson has described the public domain as being "different sizes at different times in different countries". Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law. According to James Boyle this definition underlines common usage of
13596-544: The position and appearance of the Hebrew letters are observed. See for example the Mishnah Berurah on the subject. Any of several Hebrew scripts may be used, most of which are fairly ornate and exacting. The completion of the Sefer Torah is a cause for great celebration, and it is a mitzvah for every Jew to either write or have written for him a Sefer Torah. Torah scrolls are stored in the holiest part of
13728-441: The priests that Shimei had promised his beloved to officiate in her cap and girdle on the day of his installation in office. When the priests threatened to kill Shimei for thus trifling with the service, he told them how the matter really stood. Thereupon the priests sought the death of Onias, but he fled to Egypt and there built his temple. 110a: The gemara ends on a positive note, as is common with Talmudic tractates, by discussing
13860-518: The public domain (see waiver ); examples include reference implementations of cryptographic algorithms, and the image-processing software ImageJ (created by the National Institutes of Health ). The term public domain is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". As rights vary by country and jurisdiction,
13992-419: The public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the formulae of Newtonian physics and cooking recipes. Other works are actively dedicated by their authors to
14124-740: The public domain should be: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression". Patterson and Lindberg described the public domain not as a "territory", but rather as a concept: "[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival." The term public domain may also be interchangeably used with other imprecise or undefined terms such as
14256-602: The public domain" can be traced to mid-19th-century France to describe the end of copyright term . The French poet Alfred de Vigny equated the expiration of copyright with a work falling "into the sink hole of public domain" and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as copyright , patents , and trademarks , expire or are abandoned. In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from
14388-555: The public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years. Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the Copyright Duration Directive was applied retroactively, restoring and extending the terms of copyright on material previously in
14520-435: The public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with Frances Hodgson Burnett 's novel The Secret Garden , which became public domain in the US in 1977 and most of the rest of the world in 1995. By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films. In addition to straightforward adaptation, they have been used as
14652-416: The public domain, e.g. civil law of continental Europe . This may even "effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights ". An alternative is for copyright holders to issue a license which irrevocably grants as many rights as possible to the general public. Real public domain makes licenses unnecessary, as no owner/author
14784-416: The public domain, to the extent that their expression in the form of software is not covered by copyright. Works created before the existence of copyright and patent laws also form part of the public domain. For example, the Bible and the inventions of Archimedes are in the public domain. However, translations or new formulations of these works may be copyrighted in themselves. Determination of whether
14916-914: The public domain. In the United Kingdom , for example, there is a perpetual crown copyright for the Authorized King James Version of the Bible . While the copyright has expired for the Peter Pan works by J. M. Barrie (the play Peter Pan, or the Boy Who Wouldn't Grow Up and the novel Peter and Wendy ) in the United Kingdom, it was granted a special exception under the Copyright, Designs and Patents Act 1988 (Schedule 6) that requires royalties to be paid for commercial performances, publications and broadcasts of
15048-405: The public domain. In the United States, the contents of patents are considered valid and enforceable for 20 years from the date of filing within the United States or 20 years from the earliest date of filing if under 35 USC 120, 121, or 365(c). However, the text and any illustration within a patent, provided the illustrations are essentially line drawings and do not in any substantive way reflect
15180-541: The public domain. Term extensions by the US and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the Uruguay Round Agreements Act , which removed from the public domain many foreign-sourced works that had previously not been in copyright in the US for failure to comply with US-based formalities requirements . Consequently, in
15312-400: The public without regard for its intended use, it could become generic , and therefore part of the public domain. Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug acetylsalicylic acid (2-acetoxybenzoic acid)
15444-409: The reading itself. The Torah contains narratives, statements of law, and statements of ethics. Collectively these laws, usually called biblical law or commandments, are sometimes referred to as the Law of Moses ( Torat Moshɛ תּוֹרַת־מֹשֶׁה ), Mosaic Law , or Sinaitic Law . Rabbinic tradition holds that Moses learned the whole Torah while he lived on Mount Sinai for 40 days and nights and both
15576-457: The relationship between man and God. The Ancestral history (chapters 12–50) tells of the prehistory of Israel, God's chosen people. At God's command Noah's descendant Abraham journeys from his home into the God-given land of Canaan , where he dwells as a sojourner, as does his son Isaac and his grandson Jacob . Jacob's name is changed to Israel, and through the agency of his son Joseph ,
15708-412: The relationship between the Persian authorities and Jerusalem remains a crucial question. The second theory, associated with Joel P. Weinberg and called the "Citizen-Temple Community", proposes that the Exodus story was composed to serve the needs of a post-exilic Jewish community organised around the Temple, which acted in effect as a bank for those who belonged to it. A minority of scholars would place
15840-453: The reputation of the Jewish community among other nations, their awareness of God, and positive attributes of Torah scholars . For example, Rabbi Yohanan says that studying the halakhah (rabbinic law) is as worthy as conducting the offerings in the Temple, which is the subject of this tractate. For the last mishnah, the gemara comments on whether God needs sacrifices and offerings. [REDACTED] This article incorporates text from
15972-518: The right holder cannot waive under applicable law, they are licensed in a way that mirrors as closely as possible the legal effect of a waiver. And finally, if there are any rights that the right holders cannot waive or license, they affirm that they will not exercise them and they will not assert any claim with respect to the use of the work, once again within the limits of applicable law. (...) In countries where moral rights exist but where they can be waived or not asserted, they are waived if asserted (e.g.
16104-499: The state or to an authors' association. The user does not have to seek permission to copy, present or perform the work, but does have to pay the fee. Typically the royalties are directed to support of living artists. In 2010, The Creative Commons proposed the Public Domain Mark (PDM) as symbol to indicate that a work is free of known copyright restrictions and therefore in the public domain. The public domain mark
16236-401: The story of Peter Pan within the UK, as long as Great Ormond Street Hospital (to whom Barrie gave the copyright) continues to exist. In a paying public domain regime, works that have entered the public domain after their copyright has expired, or traditional knowledge and traditional cultural expressions that have never been subject to copyright, are still subject to royalties payable to
16368-461: The term public domain and equates the public domain to public property and works in copyright to private property . However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions . Such a definition regards work in copyright as private property subject to fair use rights and limitation on ownership. A conceptual definition comes from Lange, who focused on what
16500-467: The text of the Torah to Moses over the span of the 40 years the Israelites were in the desert and Moses was like a scribe who was dictated to and wrote down all of the events, the stories and the commandments. According to Jewish tradition , the Torah was recompiled by Ezra during Second Temple period . The Talmud says that Ezra changed the script used to write the Torah from the older Hebrew script to Assyrian script, so called according to
16632-467: The works of Jane Austen , Lewis Carroll , Machado de Assis , Olavo Bilac and Edgar Allan Poe are in the public domain worldwide as they all died over 100 years ago. Project Gutenberg , the Internet Archive and Wikisource make tens of thousands of public domain books available online as ebooks . People have been creating music for millennia. The first musical notation system,
16764-501: The world , and was used as the blueprint for Creation. Though hotly debated, the general trend in biblical scholarship is to recognize the final form of the Torah as a literary and ideological unity, based on earlier sources, largely complete by the Persian period , with possibly some later additions during the Hellenistic period. The words of the Torah are written on a scroll by a scribe ( sofer ) in Hebrew. A Torah portion
16896-411: The world may be excluded from copyright law and may therefore be considered to be in the public domain in their respective countries. They may also be in the public domain in other countries as well. The legal scholar Melville Nimmer has written that "it is axiomatic that material in the public domain is not protected by copyright, even when incorporated into a copyrighted work". Before 1 March 1989, in
17028-457: Was deemed generic just three years later. Informal uses of trademarks are not covered by trademark protection. For example, Hormel , producer of the canned meat product Spam , does not object to informal use of the word "spam" in reference to unsolicited commercial email. However, it has fought attempts by other companies to register names including the word 'spam' as a trademark in relation to computer products, despite that Hormel's trademark
17160-404: Was defined as things not yet appropriated. The term res communes was defined as "things that could be commonly enjoyed by mankind, such as air, sunlight and ocean." The term res publicae referred to things that were shared by all citizens, and the term res universitatis meant things that were owned by the municipalities of Rome. When looking at it from a historical perspective, one could say
17292-435: Was originally transmitted to Moses at Sinai, and then from Moses to Israel. At that time it was forbidden to write and publish the oral law, as any writing would be incomplete and subject to misinterpretation and abuse. However, after exile, dispersion, and persecution, this tradition was lifted when it became apparent that in writing was the only way to ensure that the Oral Law could be preserved. After many years of effort by
17424-428: Was widespread, in compliance with the law, but expansions of those laws intended to benefit literary works and responding to commercial music recording technology's reproducibility have led to stricter rules. Relatively recently, a normative view that copying in music is not desirable and lazy has become popular among professional musicians. US copyright laws distinguish between musical compositions and sound recordings,
#974025