Difference between revisions of "Halakha" - New World Encyclopedia

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[[Reform Judaism]] and [[Reconstructionist Judaism]] both hold that the legal regulations of the Talmud and other halakhic literature are no longer binding on Jews. Some members of these movements see the Halakha as a personal starting-point, but leave the interpretation of the commandments and their applicability up to the individual conscience.
 
[[Reform Judaism]] and [[Reconstructionist Judaism]] both hold that the legal regulations of the Talmud and other halakhic literature are no longer binding on Jews. Some members of these movements see the Halakha as a personal starting-point, but leave the interpretation of the commandments and their applicability up to the individual conscience.
  
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==Codes of Jewish law==
 
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The [[Torah]] and the [[Talmud]] are not formal codes of law; they are sources of law. There are many formal codes of Jewish law that have developed over the past few thousand years. These codes have influenced, and in turn, have been influenced by, the [[responsa]]; [[History of Responsa]] thus provides an informative complement to the survey below.
 
  
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The major codes are:
 
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* The [[Mishnah]], composed by [[Judah haNasi|Rabbi Judah the Prince]], in 200 C.E., as a basic outline of the state of the [[Oral Law#Oral law in Judaism|Oral Law]] in his time. This was the framework upon which the Talmud was based; the Talmud's [[dialectic]] analysis of the content of the Mishna (''[[gemara]]''; completed c. 500) became the basis for all later [[Posek|halakhic decisions]] and subsequent [[Codification|codes]].
 
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* [[Codification]]s by the [[Geonim]] of the halakhic material in the Talmud. An early work, ''She'iltot'' ("Questions") by [[Achai of Shabcha]] (c. 752), discusses over 190 [[Mitzvot]]—exploring and addressing various questions on these. The first legal [[codex]] proper, ''Halakhot Pesukot'' ("Decided Laws"), by [[Yehudai Gaon]] (c. 760), rearranges the Talmud passages in a structure manageable to the layman. (It was written in [[Aramaic language#Jewish Middle Babylonian Aramaic|vernacular Aramaic]], and subsequently translated into [[Hebrew language|Hebrew]] as ''Hilkhot Riu''). ''Halakhot Gedolot'' ("Great Law Book"), by R. [[Simeon Kayyara]], published two generations later, contains extensive additional material, mainly from [[Responsa]] and [[Monograph]]s of the Geonim, and is presented in a form that is closer to the original Talmud language and structure. (Probably since it was distributed, also, amongst the newly established [[Ashkenazi]] communities.) The ''She'iltot'' was influential on both subsequent works.
 
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* The ''Hilchot'' of ''the Rif'', Rabbi [[Isaac Alfasi]] (1013–1103), summations of the legal material in the Talmud. Alfasi transcribed the Talmud's halakhic conclusions verbatim, without the surrounding deliberation; he also excludes all [[Aggadah|Aggadic]] (non-legal, homiletic) matter. The ''Hilchot'' soon superseded the geonic codes, as it contained all the decisions and laws then relevant, and additionally, served as an accessible Talmudic commentary; it has been printed with almost every subsequent edition of the Talmud.
 
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* The [[Mishneh Torah]] (also known as the ''Yad Ha-Hazaqah'' for its 14 volumes), by [[Maimonides]] ([[Rambam]]; 1135–1204). This work encompasses the full range of [[Talmud]]ic law; it is organized and reformulated in a logical system—in 14 books, 83 sections and 1000 chapters—with each Halakha stated clearly. The Mishneh Torah is very influential to this day, and several later works reproduce passages verbatim. It also includes a section on [[Metaphysics]] and [[Jewish principles of faith|fundamental beliefs]]. (Some claim this section draws heavily on [[Aristotle|Aristotelian]] science and metaphysics; others suggest that it is within the tradition of [[Saadia Gaon]].) It is the main source of practical Halakha for many [[Yemenite Jews]]—mainly [[Baladi]] and [[Dor Daim]]—as well as for a growing community referred to as ''[[Dor Daim#Talmide ha-Rambam|talmidei haRambam]]''.
 
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* The work of ''the Rosh'', Rabbi [[Asher ben Jehiel]] (1250?/1259?–1328), an abstract of the Talmud, concisely stating the final halakhic decision and quoting later authorities, notably Alfasi, Maimonides, and the [[Tosafists]]. This work superseded Rabbi Alfasi's and has been printed with almost every subsequent edition of the Talmud.
 
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* The [[Sefer Mitzvot Gadol]] (The "SeMaG") of Rabbi [[Moses ben Jacob of Coucy]] (13th century, [[Coucy]], [[France]]). "SeMaG" is organised around the 365 negative and the 248 positive [[mitzvah|commandments]], separately discussing each of them according to the [[Talmud]] (in light of the commentaries of [[Rashi]] and the [[Tosafot]]) and the other codes existent at the time.
 
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* "The Mordechai"—by [[Mordecai ben Hillel]], d. [[Nuremberg]] 1298—serves both as a source of analysis, as well of decided law. Mordechai considered about 350 halakhic authorities, and was widely influential, particularly amongst the Ashkenazi and [[Italki]] communities. Although organised around the ''Hilchot'' of ''the Rif'', it is, in fact, an independent work. It has been printed with every edition of the Talmud since 1482.
 
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* The [[Arba'ah Turim]] (The Tur, The Four Columns) by Rabbi [[Jacob ben Asher]] (1270–1343, [[Toledo, Spain]]). This work traces the Halakha from the Torah text and the Talmud through the [[Rishonim]], with the ''Hilchot'' of Alfasi as its starting point. Ben Asher followed Maimonides's precedent in arranging his work in a topical order, however, the Tur covers only those areas of Jewish religious law that were in force in the author's time. The code is divided into four main sections; almost all codes since this time have followed the Tur's arrangement of material.
 
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** [[Orach Chayim]]—"The Way of Life" worship and ritual observance in the home and [[synagogue]], through the course of the day, the weekly [[Shabbat|sabbath]] and the festival cycle.
 
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** [[Yoreh De'ah]]—"Teach Knowledge" assorted ritual prohibitions, dietary laws and regulations concerning [[menstruation|menstrual]] impurity.
 
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** [[Even Ha'ezer]]—"The Rock of the Helpmate" [[marriage]], [[divorce]] and other issues in [[family]] law.
 
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** [[Choshen Mishpat]]—"The Breastplate of Judgment" The administration and [[adjudication]] of civil law.
 
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*The [[Shulchan Aruch|Beit Yosef, and the Shulchan Aruch]] of Rabbi [[Yosef Karo]] (1488–1575). The ''Beit Yosef'' is a huge commentary on the ''Tur'' in which Rabbi Karo traces the development of each law from the Talmud through later [[rabbinical literature]] (examining thirty-two [[posek|authorities]], beginning with the Talmud and ending with the works of Rabbi [[Israel Isserlein]]). The Shulchan Aruch is, in turn, a condensation of the ''Beit Yosef''—stating each ruling simply (literally translated, ''Shulchan Aruch'' means "set table"); this work follows the chapter divisions of the Tur. The Shulchan Aruch, together with its related commentaries, is considered by many to be the most authoritative compilation of halakha since the Talmud. In writing the Shulchan Aruch, Rabbi Karo based his rulings on three authorities—Maimonides (Rambam), Asher ben Jehiel (Rosh), and Isaac Alfasi (Rif); he considered ''the Mordechai'' in inconclusive cases. [[Sephardi|Sephardic Jews]], generally, refer to the Shulchan Aruch as the basis for their daily practice.
 
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*The works of Rabbi [[Moshe Isserles]] ("Rema"; [[Kraków]], [[Poland]], 1525 to 1572). Rema noted that the ''Shulkhan Arukh'' was based on the [[Sephardic Judaism|Sephardic]] tradition, and he created a series of [[gloss]]es to be appended to the text of the Shulkhan Arukh for cases where Sephardi and [[Ashkenazi]] [[minhag|customs]] differed (based on the works of [[Yaakov Moelin]], [[Israel Isserlein]] and [[Israel Bruna]]). The glosses are called ''Hamapah'', the "Tablecloth" for the "Set Table." His comments are now incorporated into the body of all printed editions of the Shulkhan Arukh, typeset in a different script; today, "Shulchan Aruch" refers to the combined work of Karo and Isserles. Isserles' ''Darkhei Moshe'' is similarly a commentary on the Tur and the Beit Yosef.
 
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* The [[Shulchan Aruch HaRav]] of Rabbi [[Shneur Zalman of Liadi]] (c. 1800) was an attempt to recodify the law as it stood at that time—incorporating [[Shulchan Aruch#Commentaries|commentaries on the Shulchan Aruch]], and subsequent [[responsa]]—and thus stating the [[posek|decided halakha]], as well as the underlying reasoning. The work was written, partly, so that laymen would be able to study Jewish law. Unfortunately, most of the work was lost in a fire prior to publication. It is held in esteem by many [[Hasidim]] and non-Hasidim, and is quoted as authoritative by many subsequent works.
 
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* "[[Layman]] oriented" digests of Halakha. The [[Kitzur Shulkhan Arukh]] of Rabbi [[Shlomo Ganzfried]] ([[Hungary]] 1804–1886), based on the very strict Hungarian customs of the 19th century, became immensely popular after its publication due to its simplicity. This work is not binding in the same way as the Mishneh Torah or the Shulchan Aruch. It is still popular in [[Orthodox Judaism]] as a framework for study, if not always for practice. [[Chayei Adam]] and [[Chochmat Adam]] by [[Avraham Danzig]] (Poland, 1748–1820) are similar [[Ashkenazi]] works, but are regarded as a more appropriate basis for practice. The [[Ben Ish Chai]] by [[Yosef Chaim]] ([[Baghdad]], 1832–1909) is a corresponding [[Sephardi]] work.
 
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* Works structured directly on the Shulchan Aruch, providing analysis in light of [[Acharonim|Acharonic]] material and codes. The [[Mishnah Berurah]] of Rabbi [[Yisrael Meir Kagan|Yisroel Meir ha-Kohen]], (the "Chofetz Chaim," Poland, 1838–1933) is a commentary on the "Orach Chayim" section of the [[Shulchan Aruch]], discussing the application of each Halakha in light of all subsequent Acharonic decisions. It has become the authoritative halakhic guide for much of [[Orthodox Judaism|Orthodox]] [[Ashkenazi|Ashkenazic Jewry]] in the postwar period. [[Arukh HaShulkhan]] by Rabbi [[Yechiel Michel Epstein]] (1829–1888) is a scholarly analysis of Halakha through the perspective of the major Rishonim. The work follows the structure of the Tur and the Shulkhan Arukh; rules dealing with vows, agriculture, and ritual purity, are discussed in a second work known as ''[[Arukh HaShulkhan he'Atid]]''. [[Kaf HaChaim]] on [[Orach Chayim]] and parts of [[Yoreh De'ah]], by the [[Sephardi]] sage [[Yaakov Chaim Sofer]] ([[Baghdad]] and [[Jerusalem]], 1870–1939) is similar in scope, authority and approach to the Mishnah Berurah. [[Yalkut Yosef]], by Rabbi Yitzchak Yosef, is a voluminous, widely cited and contemporary work of Halakha, based on the rulings of Rabbi [[Ovadia Yosef]].
 
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* "A Guide To Jewish Religious Practice," by Rabbi [[Isaac Klein]], with contributions from the Conservative [[Committee on Jewish Law and Standards]] of the [[Rabbinical Assembly]]. This work is based on the previous traditional law codes, but written from a [[Conservative Judaism|Conservative Jewish]] point of view. It is not accepted among [[Orthodox Judaism|Orthodox Jews]].
 
  
 
==See also==
 
==See also==

Revision as of 00:27, 1 July 2008


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Halakha (Hebrew: הלכה ; alternate transliterations include Halakhah, Halocho, and Halacha), is the collective corpus of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law as well as customs and traditions. Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life. Hence, Halakha guides not only religious practices and beliefs, but numerous aspects of day-to-day life. Halakha is often translated as "Jewish Law," though a more literal translation might be "the path" or "the way of walking." The word is derived from the Hebrew root that means to go, to walk or to travel.

Historically, Halakha served many Jewish communities as an enforceable avenue of civil and religious law. In the modern era, Jewish citizens may be bound to Halakhah only by their voluntary consent. In Israel, though, certain areas of Israeli family and personal status law are governed by rabbinic interpretations of Halakha. Reflecting the diversity of Jewish communities, somewhat different approaches to Halakha are found among Ashkenazi, Mizrahi, Sephardi, and Yemenite Jews. Among Ashkenazi Jews, disagreements over Halakha, and over whether Jews should continue to follow Halakha, have played a pivotal role in the emergence of the Orthodox, Reform, Conservative, and Reconstructionist streams of Judaism.

Terminology

The term Halakha may refer to a single law, to the literary corpus of rabbinic legal texts, or to the overall system of interpreting religious law. The Halakha is often contrasted with the Aggadah, the diverse corpus of rabbinic exegetical, narrative, philosophical and other non-legal literature. At the same time, since writers of Halakha may draw upon the aggadic literature, there is a dynamic interchange between the two genres.

Halakha constitutes the practical application of the 613 mitzvot ("commandments," singular: mitzvah) in the Torah, (the five books of Moses, the "Written Law") as developed through discussion and debate in the classical rabbinic literature. Its laws, guidelines, and opinions cover a vast range of situations and principles. It is also the subject of intense study in yeshivas; see Torah study.

Controversies lend rabbinic literature much of its creative and intellectual appeal. With few exceptions, controversies are not settled through authoritative structures. Instead, Jews interested in observing Halakha may choose to follow specific rabbis or affiliate with a community following a specific halakhic tradition.

Laws of the Torah

Broadly, the Halakha comprises the practical application of the commandments. According to the Talmud (Tractate Makot), there are 613 mitzvot ("commandments"), including 248 positive mitzvot and 365 negative mitzvot given in the Torah, supplemented by seven mitzvot legislated by the rabbis of antiquity.

Positive commandments (of which tradition holds there are 248) require an action to be performed, and thus bring one closer to God. Negative commandments forbid a specific action; thus violations create a distance from God. In striving to "be holy" as God is holy, one attempts so far as possible to live in accordance with God's wishes for humanity, striving to more completely live with each of these with every moment of one's life.

Classical rabbinic Judaism has two basic categories of laws:

  • Laws believed revealed by God to the Jewish people at Mount Sinai (including both the written Pentateuch and its elucidation by the prophets and rabbinical sages);
  • Laws believed to be of human origin, including specific rabbinic decrees, interpretations, customs, etc.

Laws of the first category are not optional, with exceptions made only for life-saving and similar emergency circumstances. Halakhic authorities may disagree on which laws fall into which categories or the circumstances (if any) under which prior rabbinic rulings can be re-examined by contemporary rabbis, but all halakhic Jews hold that both categories exist.

Sin

Judaism regards the violation of the commandments, the mitzvot, to be a sin. In Judaism, unlike Christianity, sins do not always involve a lapse in morality. Three categories of sin are:

  • Pesha—an intentional sin, committed in deliberate defiance of God
  • Avon—a sin of lust or uncontrollable emotion committed knowingly but not not in defiance of God
  • Chet—an "unintentional sin" committed unknowingly or by accident

Judaism holds that no human being is perfect, and all people have sinned many times. However a state of sin does not condemn a person to damnation; there is always a road of teshuva (repentance, literally: "return").

When Jews had a functioning court system, these courts were empowered to administer physical punishments for various violations: corporal punishment, incarceration, excommunication, or death. Since the fall of the Temple of Jerusalem in 70 C.E., capital punishment by religious courts has been forbidden.

Gentiles and Jewish law

Judaism holds that Gentiles are obliged only to follow the seven Noahide Laws, given to Noah after the flood. The Noahide laws are specified in the Talmud (Tractate Sanhedrin 57a), including six "negative" commandments and one "positive" one:

  1. Murder is forbidden.
  2. Theft is forbidden.
  3. Sexual immorality is forbidden.
  4. Eating flesh cut from a still-living animal is forbidden.
  5. Belief in and worship or prayer to "idols" is forbidden.
  6. Blaspheming God is forbidden.
  7. Society must establish a fair system of legal justice.

In Christian tradition, the rules mentioned in Acts 15:29 appears to be based on the Noahide Laws, omitting several—against murder, theft, and blasphemy—that were probably considered non-controversial: "You are to abstain from food sacrificed to idols, from blood, from the meat of strangled animals, and from sexual immorality."

The sources and process of Halakha

The boundaries of Jewish law are determined through the halakhic process, a religious-ethical system of legal reasoning and debate. Rabbis generally base their opinions on the primary sources of Halakha as well as on precedent set by previous rabbinic opinions. The major sources consulted include:

  • The foundational Talmudic literature, especially the Mishna and the Babylonian Talmud, with associated commentaries
  • Post-Talmudic literature, such as Maimonides' twelfth century Mishneh Torah and the sixteenth century Shulchan Aruch codified by Rabbi Yosef Karo
  • Regulations and other legislative enactments promulgated by rabbis and communal bodies, such as the Gezeirah (rules intended to prevent violations of the commandments) and the Takkanah (legislation not directly justified by the commandments)
  • Minhagim: customs, community practices, and traditions
  • The she'eloth u-teshuvoth: responsa, literally "questions and answers," including both Talmudic and post-Talmudic literature
  • Dina d'malchuta dina ("the law of the land is law"): non-Jewish laws recognized as binding on Jewish citizens, provided that they are not contrary to any laws of Judaism.

In antiquity, the Sanhedrin functioned essentially as both the Supreme Court and legislature for Judaism. That court ceased to function in its full mode in 40 C.E. Today, the authoritative application of Jewish law is left to the local rabbi, and local rabbinical courts, where these exist.

Since the days of the Sanhedrin, however, no single body is generally regarded as having the authority to determine universally recognized precedents. When a rabbinic posek ("decisor") proposes a new interpretation of a law, that interpretation may be considered binding for the posek's questioner or immediate community. Depending on the stature of the posek and the quality of the decision, an interpretation may also be gradually accepted by rabbis and members of similar Jewish communities.

The halakhic tradition embodies a wide range of principles that permit judicial discretion and deviation. Generally speaking, a rabbi in any one period will not overrule specific laws from an earlier era, unless supported by a relevant earlier precedent. There are important exceptions to this principle, however, which empower the posek (decisor) or beth din (court) to create innovative solutions.

Within certain Jewish communities, formal organized halakhic bodies do exist. iModern Orthodox rabbis, for example, generally agree with the views set by the leaders of the Rabbinical Council of America. Within Conservative Judaism, the Committee on Jewish Law and Standards generally sets the denomination's halakhic policy. Reform Judaism does not consider Halakha binding on modern Jews.

Takkanot

Main article: Takkanah

Traditional Jewish law granted the Sages wide legislative powers. Technically, one may discern two powerful legal tools within the halakhic system:

  • Gezeirah: "preventative legislation" of the Rabbis, intended to prevent violations of the commandments
  • Takkanah: "positive legislation," practices instituted by the Rabbis not based (directly) on the commandments

However, in common parlance sometimes people use the general term takkanah to refer either gezeirot or takkanot.

Takkanot, in general, do not affect or restrict observance of Torah mitzvot. However, the Talmud states that in exceptional cases, the Sages had the authority to "uproot matters from the Torah" in certain cases. In Talmudic and classical halakhic literature, this authority refers to the authority to prohibit some things that would otherwise be biblically sanctioned (shev v'al ta'aseh). Rabbis may rule that a Torah mitzvah should not be performed, e.g. blowing the shofar on Shabbat, or blessing the lulav and etrog on Shabbat. These are takkanot are executed out of fear that some might otherwise carry the mentioned items between home and the synagogue, thus inadvertently violating a Sabbath melakha.

Another rare and limited form of takkanah involved overriding Torah prohibitions. In some cases, the Sages allowed the temporary violation a prohibition in order to maintain the Jewish system as a whole. This was part of the basis for Esther's relationship with Ahasuerus. (Sanhedrin)

For general usage of takkanaot in Jewish history see the article Takkanah. For examples of this being used in Conservative Judaism see Conservative Halakha.

Eras of history important in Jewish law

Rabbinical Eras


  • The Tannaim (literally the "repeaters") are the sages of the Mishnah (70–200)
  • The Amoraim (literally the "sayers") are the sages of the Gemara (200–500)
  • The Savoraim (literally the "reasoners") are the classical Persian rabbis (500–600)
  • The Geonim (literally the "prides" or "geniuses") are the rabbis of Sura and Pumbeditha, in Babylonia (650–1250)
  • The Rishonim (literally the "firsts") are the rabbis of the early medieval period (1250–1550) preceding the Shulchan Aruch
  • The Acharonim (literally the "lasts") are the rabbis of 1550 to the present.

Hermeneutics

Hermeneutics is the study of rules for the exact determination of the meaning of a text. It played a notable role in early rabbinic Jewish discussion. Compilations of such hermeneutic rules include:

  • the seven Rules of Hillel
  • the 13 Rules of R. Ishmael
  • the 32 Rules of R. Eliezer ben Jose ha-Gelili.

Neither Hillel, Ishmael, nor Eliezer ben Jose ha-Gelili sought to give a complete enumeration of the rules of interpretation current in his day. They restricted themselves to a compilation of the principal methods of logical deduction, which they called middot (measures).

The antiquity of the rules can be determined only by the dates of the authorities who quote them. In general, they can not safely be declared older than the tanna (sage) to whom they are first ascribed. It is generally agreed, however, that the seven middot of Hillel and the 13 of Ishmael are earlier than the time of these tannaim, who were the first to transmit them.

The Talmud itself gives no information concerning the origin of the middot, although the Geonim regarded them as Sinaitic, a view firmly rejected by modern historians.

The middot seem to have been first laid down as abstract rules by the teachers of Hillel, though they were not immediately recognized by all as valid and binding. Different schools interpreted and modified, restricted, or expanded them in various ways. Akiba and Ishmael especially contributed to the development or establishment of these rules. Akiba devoted his attention to the grammatical and exegetical rules, while Ishmael developed the logical ones. The rules laid down by one school were frequently rejected by another because the principles that guided them in their respective formulations were essentially different. Some scholars have observed a similarity between these rabbinic rules of interpretation and the hermeneutics of ancient Hellenistic culture.

How Halakha is viewed today

Orthodox Judaism holds that Jewish Law was dictated by God to Moses essentially as it exists today. However, there is significant disagreement within Orthodox Judaism, particularly between Haredi Judaism and Modern Orthodox Judaism, about the circumstances under which post-Sinaitic additions can be changed, the Haredi being the more conservative.

Conservative Judaism holds that Halakha is normative and binding, and is developed as a partnership between people and God based on Sinaitic Torah. However Conservative Judaism rejects "fundamentalism" and welcomes modern critical study of the Bible. Conservatives emphasize that Halakha has always been an evolving process subject to interpretation by rabbis in every time period, including the present. See Conservative Judaism, Beliefs.

Reform Judaism and Reconstructionist Judaism both hold that the legal regulations of the Talmud and other halakhic literature are no longer binding on Jews. Some members of these movements see the Halakha as a personal starting-point, but leave the interpretation of the commandments and their applicability up to the individual conscience.


See also

  • Mishpat Ivri

Notes


External links and references

General

Discussion

Fulltext resources

Responsa

Study resources

Bibliography

  • Emanuel Quint, Jewish Jurisprudence: Its Sources & Modern Applications , Taylor and Francis. ISBN 3-7186-0293-8
  • Joel Roth, Halakhic Process: A Systemic Analysis, Jewish Theological Seminary. ISBN 0-87334-035-3
  • Joseph Soloveitchik, Halakhic Man, Jewish Publication Society trans. Lawrence Kaplan. ISBN 0-8276-0397-5
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