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_HALAKHA_ (/hɑːˈlɔːxə/ ; Hebrew
Hebrew
: הֲלָכָה‎, Sephardic : ; also transliterated as _HALACHA_, _HALAKHAH_, _HALACHAH_ or _HALOCHO_) (Ashkenazic : ) is the collective body of Jewish
Jewish
religious laws derived from the Written and Oral Torah
Torah
. It includes the 613 _mitzvot_ ("commandments"), subsequent Talmudic and rabbinic law and the customs and traditions compiled in the _ Shulchan Aruch
Shulchan Aruch
_ (literally "Prepared Table", but more commonly known as the "Code of Jewish
Jewish
Law").

Judaism
Judaism
classically draws no distinction in its laws between religious and non-religious life; Jewish
Jewish
religious tradition does not distinguish clearly between religious, national, racial, or ethnic identities. Halakhaguides not only religious practices and beliefs, but numerous aspects of day-to-day life. Halakhais often translated as " Jewish
Jewish
Law," although a more literal translation might be "the way to behave" or "the way of walking." The word derives from the root that means "to behave" (also "to go" or "to walk").

Historically, in the diaspora , halakha served many Jewish communities as an enforceable avenue of law – both civil and religious , since there is no differentiation in classical Judaism. Since the Age of Enlightenment
Age of Enlightenment
, emancipation , and _haskalah _, many have come to view the halakha as less binding in day-to-day life, as it relies on rabbinic interpretation, as opposed to the pure, written words recorded in the Hebrew Bible
Hebrew Bible
.

Under contemporary Israeli law, however, certain areas of Israeli family and personal status law are under the authority of the rabbinic courts and are therefore treated according to halakha. Some differences in halakha itself are found among Ashkenazi
Ashkenazi
, Mizrahi, Sephardi
Sephardi
, Yemenite , and other Jews
Jews
who historically lived in isolated communities, such as in Ethiopia , reflecting the historic and geographic diversity of various Jewish
Jewish
communities within the Diaspora.

CONTENTS

* 1 Etymology and terminology

* 2 The 613 mitzvot

* 2.1 Categories * 2.2 Sin * 2.3 Gentiles and Jewish
Jewish
law

* 3 Sources and process

* 3.1 Historical analysis

* 4 Views today

* 4.1 Flexibility

* 4.2 Differences between Orthodox and Conservative Judaism
Judaism

* 4.2.1 Orthodox Judaism
Judaism
* 4.2.2 Conservative Judaism
Judaism

* 5 Codes of Jewish
Jewish
law * 6 See also * 7 References * 8 Bibliography

* 9 External links

* 9.1 Full-text resources of major halakhic works

ETYMOLOGY AND TERMINOLOGY

The word _halakha_ is derived from the Hebrew
Hebrew
root _halakh_ – "to walk" or "to go". Taken literally, therefore, "halakha" translates as "the way to walk" rather than "law". The words _halakha_ refers to the corpus of rabbinic legal texts, or to the overall system of religious law.

The term may also be related to Akkadian
Akkadian
_ilku_, a property tax, rendered in Aramaic as _halakh_, designating one or several obligations.

Halakhais often contrasted with _aggadah _ ("the telling"), the diverse corpus of rabbinic exegetical , narrative, philosophical, mystical and other "non-legal" texts. At the same time, since writers of halakha may draw upon the aggadic and even mystical literature, there is a dynamic interchange between the genres. Halakhaalso does not include the parts of the Torah
Torah
not related to commandments.

Halakhaconstitutes the practical application of the 613 _mitzvot_ ("commandments") in the Torah, as developed through discussion and debate in the classical rabbinic literature , especially the Mishnah and the Talmud
Talmud
(the "Oral Torah
Torah
") and as codified in the Mishneh Torah
Torah
("Repetition of the Torah") or _ Shulchan Aruch
Shulchan Aruch
_ ("Code of Law").

Because halakha is developed and applied by various halakhic authorities rather than one sole "official voice", different individuals and communities may well have different answers to halakhic questions. With few exceptions, controversies are not settled through authoritative structures because during the Jewish
Jewish
diaspora Jews
Jews
lacked a single judicial hierarchy or appellate review process for halakha.

Halakhahas been developed throughout the generations since before 500 BCE
BCE
, in a constantly expanding collection of rabbinic literature initially consolidated in the Talmud. First and foremost, it forms a body of intricate judicial (rabbinical) opinions, legislation, customs, and recommendations, many of them passed down over the centuries, and an assortment of ingrained behaviors, relayed to successive generations from the moment a child begins to speak. It is also the subject of intense study in _yeshivas _.

THE 613 MITZVOT

See also: Oral Torah
Torah
, Law
Law
given to Moses
Moses
at Sinai , and Mitzvah
Mitzvah
§ Mitzvot and Jewish
Jewish
law

Broadly, the halakha comprises the practical application of the 613 _mitzvot_ in the Torah, as developed in subsequent rabbinic literature. According to the Talmud
Talmud
(Tractate Makot), there are 613 _mitzvot_ in the Torah, 248 positive ("thou shall") _mitzvot_ and 365 negative ("thou shall not") _mitzvot_, supplemented by seven _mitzvot_ legislated by the rabbis of antiquity.

CATEGORIES

Classical Rabbinic Judaism
Judaism
has two basic categories of laws:

* Laws which are believed to have been revealed by God
God
to the Israelites at Mount Sinai e.g. the written Torah, also called the Law of Moses
Moses
, and also elucidations therefrom, known as the Oral Torah
Torah
; * Laws of human origin including rabbinic decrees, interpretations, customs, etc.

This division between revealed and rabbinic commandments may influence the importance of a rule, its enforcement and the nature of its ongoing interpretation. 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
Jews
hold that both categories exist and that the first category is immutable, with exceptions only for life-saving and similar emergency circumstances.

A second classical distinction is between the Written Law, laws written in the Hebrew Bible
Hebrew Bible
, and the Oral Law, laws which are believed to have been transmitted orally prior to their later compilation in texts such as the Mishnah, Talmud, and rabbinic codes.

Commandments are divided into positive and negative commands, which are treated differently in terms of divine and human punishment. Positive commandments _require_ an action to be performed and are considered to bring the performer closer to God. Negative commandments (traditionally 365 in number) _forbid_ a specific action, and violations create a distance from God.

A further division is made between _chukim_ ("decrees" – laws without obvious explanation, such as _shatnez _, the law prohibiting wearing clothing made of mixtures of linen and wool), _mishpatim_ ("judgments" – laws with obvious social implications) and _eduyot_ ("testimonies" or "commemorations", such as the Shabbat
Shabbat
and holidays). Through the ages, various rabbinical authorities have classified some of the 613 commandments
613 commandments
in various other ways.

A different approach divides the laws into a different set of categories:

* Laws in relation to God
God
(_bein adam laMakom_, literally "between a person and The Place"), and * Laws about relations with other people (_bein adam le-chavero_, literally "between a person and his friend").

Within Talmudic literature, Jewish
Jewish
law is divided into the six orders of the Mishnah, which are categories by proximate subject matter: Zeraim("Seeds") for agricultural laws and prayer, Moed("Festival"), for the Sabbath and the Festivals, Nashim("Women"), dealing primarily with marriage and divorce, Nezikin("Damages"), for civil and criminal law, Kodashim("Holy things"), for sacrifices and the dietary laws , and Tohorot("Purities") for ritual purity. However, Talmudic texts often deal with laws outside these apparent subject categories. As a result, Jewish
Jewish
law came to be categorized in other ways in the post-Talmudic period.

In the major codes of Jewish
Jewish
law, two other main categorization schemes are found. Maimonides
Maimonides
' _Mishneh Torah_ divides the laws into fourteen sections. The codification efforts that culminated in the _Shulchan Aruch_ divide the law into four sections, including only laws that do not depend on being physically present in the Land of Israel
Israel
.

SIN

Judaism
Judaism
regards the violation of the commandments, the _mitzvot _, to be a sin. The generic Hebrew
Hebrew
word for any kind of sin is _aveira_ ("transgression"). Based on the Tanakh
Tanakh
( Hebrew
Hebrew
Bible) Judaism describes three levels of sin:

* _Pesha_ – an "intentional sin"; an action committed in deliberate defiance of God's commandments * _Avon_ – a "sin of lust or uncontrollable emotion, committed against one's will and is not in line with one's true inner desires". It is a sin done knowingly, but not done to defy God * _Chet_ – an "unintentional sin"

Relatedly, the three terms – _Chayyav, Patur, Mutar_ – in the Gemara
Gemara
(literally: "the finished ") and Halakhic codes classify the permissibility of an action or the severity of its prohibition and punishment.

* _Chayyav_ (חייב), (literally "obligated" or "must") means the one who transgresses the prohibition is responsible for their own criminal actions, and therefore ought to pay the price for them. * _Patur_ (פטור) means "exempt" of liability to punishment, however the action is forbidden. * _Mutar_ (מותר) means the action is permitted.

Judaism
Judaism
understands that the vast majority of people, aside from those who are termed Tzadikimand those termed Tzadikimgemurim ( Hebrew
Hebrew
: צדיק, "the righteous" and "the completely righteous"), will succumb to sin in their lives. A sin or a state of sin does not condemn a person to damnation; there is always a road of _teshuva _ ( Hebrew
Hebrew
: תשובה; repentance, literally: "return"). There are some classes of people for whom this is exceedingly difficult, such as those who commit adultery, as well as those who slander others.

In earlier days, when ancient Jews
Jews
had a functioning court system (the beth din and the Sanhedrin
Sanhedrin
high court), courts were empowered to administer physical punishments for various violations, upon conviction by extremely high standards of evidence , far stricter than those required in western courts today. These punishments included execution , corporal punishment , incarceration , and excommunication . However, since the fall of the Second Temple
Second Temple
, executions have been forbidden. Since the fall of the autonomous Jewish
Jewish
communities of Europe , most other punishments also have been discontinued.

Today, then, one's accounts are reckoned solely by God
God
. The Talmud says that although courts capable of executing sinners no longer exist, the prescribed penalties continue to be applied by Providence. For instance, someone who has committed a sin punishable by stoning might fall off a roof, or someone who ought to be executed by strangulation might drown.

GENTILES AND JEWISH LAW

The Seven Laws of Noah, also referred to as the Noahide Lawsor the Noachide Laws, are a set of imperatives which, according to the Talmud, were given by God
God
as a binding set of laws for the "children of Noah" – that is, all of humanity.

SOURCES AND PROCESS

Eras of Jewish
Jewish
law

* The _ Tannaim_ (literally the "repeaters") are the sages of the _ Mishnah_ (0–200) * The _ Amoraim
Amoraim
_ (literally the "sayers") are the sages of the _ Gemara
Gemara
_ (200–500) * The _ Savoraim_ (literally the "reasoners ") are the classical Persian rabbis (500–650) * The _ Geonim_ (literally the "prides" or "geniuses") are the rabbis of Sura and Pumbeditha, in Babylonia (650–1038) * The _ Rishonim_ (literally the "firsts") are the rabbis of the late medieval period (c. 1038–1563) preceding the Shulchan Aruch
Shulchan Aruch
* The _ Acharonim_ (literally the "lasts") are the rabbis from roughly 1500 to the present.

See also: Rabbinic literature

The development of halakhah in the period before the Maccabees, which has been described as the formative period in the history of its development, is shrouded in obscurity. Y. Baer (in Zion, 17 (1951–52), 1–55) has argued that there was little pure academic legal activity at this period and that many of the laws originating at this time were produced by a means of neighbourly good conduct rules in a similar way as carried out by Greeks in the age of Solon. For example, the first chapter of Bava Kamma, contains a formulation of the law of torts worded in the first person.

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

* The foundational Talmudic literature (especially the Mishnaand the Babylonian Talmud
Talmud
) with commentaries;

* Talmudic hermeneutics: the science which defines the rules and methods for the investigation and exact determination of the meaning of the Scriptures; includes also the rules by which the Halakhot are derived from and established by the written law. These may be seen as the rules by which early Jewish
Jewish
law was derived. * _ Gemara
Gemara
_ – see particularly Gemara#Argumentation and debate there – the Talmudic process of elucidating the halakha

* The post-Talmudic codificatory literature , such as Maimonides's Mishneh Torah
Torah
and the Shulchan Aruch
Shulchan Aruch
with its commentaries;

* Regulations and other "legislative" enactments promulgated by rabbis and communal bodies:

* _Gezeirah_ (literally "declaration"): "preventative legislation" of the rabbis, intended to prevent violations of the commandments * _Takkanah_ (literally "Repair", meaning also "Regulation"): "positive legislation", practices instituted by the rabbis not based (directly) on the commandments

* _ Minhag_: Customs, community practices, and customary law, as well as the exemplary deeds of prominent (or local) rabbis; * The _she\'eloth u-teshuvoth _ (responsa, literally "questions and answers") literature. * _Dina d'malchuta dina_ (literally "the law of the king is law"): an additional aspect of halakha, being the principle recognizing non- Jewish
Jewish
laws and non- Jewish
Jewish
legal jurisdiction as binding on Jewish citizens, provided that they are not contrary to a law in Judaism. This principle applies primarily in areas of commercial, civil and criminal law.

In antiquity, the _ Sanhedrin
Sanhedrin
_ functioned essentially as the Supreme Court
Court
and legislature (in the US judicial system) for Judaism, and had the power to administer binding law, including both received law and its own rabbinic decrees, on all Jews—rulings of the Sanhedrin became halakha; see Oral law . That court ceased to function in its full mode in 40 CE. Today, the authoritative application of Jewish
Jewish
law is left to the local rabbi, and the local rabbinical courts, with only local applicability. In branches of Judaism
Judaism
that follow halakha, lay individuals make numerous ad-hoc decisions, but are regarded as not having authority to decide certain issues definitively.

Since the days of the Sanhedrin, however, no body or authority has been generally regarded as having the authority to create universally recognized precedents. As a result, halakha has developed in a somewhat different fashion from Anglo-American legal systems with a Supreme Court
Court
able to provide universally accepted precedents. Generally, Halakhic arguments are effectively, yet unofficially, peer-reviewed. When a rabbinic _posek _ (literally "he who makes a statement", "decisor") proposes an additional 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 other rabbis and members of other Jewish communities.

Under this system there is a tension between the relevance of earlier and later authorities in constraining Halakhic interpretation and innovation. On the one hand, there is a principle in halakha not to overrule a specific law from an earlier era, after it is accepted by the community as a law or vow , unless supported by another, relevant earlier precedent; see list below. On the other hand, another principle recognizes the responsibility and authority of later authorities, and especially the _posek_ handling a then-current question. In addition, the halakha embodies a wide range of principles that permit judicial discretion and deviation (Ben-Menahem).

Notwithstanding the potential for innovation, rabbis and Jewish communities differ greatly on how they make changes in halakha. Notably, _poskim_ frequently extend the application of a law to new situations, but do not consider such applications as constituting a "change" in halakha. For example, many Orthodox rulings concerning electricity are derived from rulings concerning fire, as closing an electrical circuit may case a spark. In contrast, Conservative _poskim_ consider that switching on electrical equipment is physically and chemically more like turning on a water tap (which is permissible by halakha) than lighting a fire (which is not permissible), and therefore permitted on Shabbat. The reformative Judaism
Judaism
in some cases explicitly interprets halakha to take into account its view of contemporary society. For instance, most Conservative rabbis extend the application of certain Jewish
Jewish
obligations and permissible activities to women (see How halakha is viewed today below).

Within certain Jewish
Jewish
communities, formal organized bodies do exist. Within Modern Orthodox Judaism
Judaism
, there is no one committee or leader, but Modern USA-based Orthodox rabbis generally agree with the views set by consensus by the leaders of the Rabbinical Council of America. Within Conservative Judaism
Judaism
, the Rabbinical Assemblyhas an official Committee on Jewish Law and Standards.

Note that Takkanot, the plural form of _Takkanah_ above, in general do not affect or restrict observance of Torah
Torah
_mitzvot_. (In common parlance sometimes people use the general term _takkanah_ to refer either _gezeirot_ or _takkanot_.) However, the Talmud
Talmud
states that in exceptional cases, the Sages had the authority to "uproot matters from the Torah". 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_, literally _thou shall stay seated and not do_). Rabbis may rule that a specific mitzvah from the Torah
Torah
should not be performed, e.g. blowing the _shofar _ on Shabbat, or taking the _lulav and etrog _ on Shabbat. These examples of takkanot which may be executed out of caution lest 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 of a prohibition in order to maintain the Jewish
Jewish
system as a whole. This was part of the basis for Esther
Esther
's relationship with Ahasuerus (Xeres). For general usage of takkanaot in Jewish
Jewish
history see the article Takkanah. For examples of this being used in Conservative Judaism
Judaism
see Conservative halakha.

HISTORICAL ANALYSIS

RABBINICAL ERAS

* Chazal

* Zugot * Tannaim * Amoraim
Amoraim
* Savoraim

* Geonim * Rishonim * Acharonim

* v * t * e

The antiquity of the rules can be determined only by the dates of the authorities who quote them; in general, they cannot safely be declared older than the tanna (from Aramaic, literally "repeater") to whom they are first ascribed. It is certain, however, that the seven middot (literally "measurements", and referring to behavior) of Hillel and the thirteen of Ishmael are earlier than the time of Hillel himself, who was the first to transmit them.

The Talmud
Talmud
gives no information concerning the origin of the middot, although the Geonim("Sages") regarded them as Sinaitic (given by God to the people of Israel
Israel
at the time of the Sinai presence). Modern historians believe that it is decidedly erroneous to consider the middot as traditional from the time of Moses
Moses
on Sinai.

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 them, restricted or expanded them, in various ways. Akiba and Ishmael and their scholars especially contributed to the development or establishment of these rules. Akiba devoted his attention particularly to the grammatical and exegetical rules, while Ishmael developed the logical. 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. According to Akiba, the divine language of the Torah
Torah
is distinguished from the speech of men by the fact that in the former no word or sound is superfluous.

Some scholars have observed a similarity between these rabbinic rules of interpretation and the hermeneutics of ancient Hellenistic culture. For example, Saul Lieberman argues that the *names* (e.g. _kal vahomer_, literally a combination of the archaic form of the word for "straw" and the word for "clay" - "straw and clay", referring to the obvious ) of rabbi Ishmael's _middot_ are Hebrew
Hebrew
translations of Greek terms, although the methods of those _middot_ are not Greek in origin.

VIEWS TODAY

See also: Talmud
Talmud
§ Present day

Orthodox Judaism
Judaism
holds that halakha is the divine law as laid out in the Torah
Torah
(five books of Moses), rabbinical laws, rabbinical decrees and customs combined. The rabbis, who made many additions and interpretations of Jewish
Jewish
Law, did so only in accordance with regulations they believe were given for this purpose to Moses
Moses
on Mount Sinai , see Deuteronomy 17:11. See Orthodox Judaism, Beliefs about Jewish
Jewish
law and tradition .

Conservative Judaism
Judaism
holds that halakha is normative and binding, and is developed as a partnership between people and God
God
based on Sinaitic Torah. While there are a wide variety of Conservative views, a common belief is that halakha is, and has always been, an evolving process subject to interpretation by rabbis in every time period. See Conservative Judaism, Beliefs .

Reform Judaism
Judaism
and Reconstructionist Judaism
Judaism
both hold that modern views of how the Torah
Torah
and rabbinic law developed imply that the body of rabbinic Jewish
Jewish
law is no longer normative (seen as binding) on Jews
Jews
today. Those in the traditionalist wing of these movements believe that the halakha represents a personal starting-point, holding that each Jew is obligated to interpret the Torah, Talmud
Talmud
and other Jewish
Jewish
works for themselves, and this interpretation will create separate commandments for each person.

Those in the liberal and classical wings of Reform believe that in this day and era most Jewish
Jewish
religious rituals are no longer necessary, and many hold that following most Jewish
Jewish
laws is actually counterproductive. They propose that Judaism
Judaism
has entered a phase of ethical monotheism, and that the laws of Judaism
Judaism
are only remnants of an earlier stage of religious evolution, and need not be followed. This is considered wrong, and even heretical , by Orthodox and Conservative Judaism.

Humanistic Jews
Jews
value the Torah
Torah
as a historical, political, and sociological text written by their ancestors. They do not believe "that every word of the Torah
Torah
is true, or even morally correct, just because the Torah
Torah
is old". The Torah
Torah
is both disagreed with and questioned. Humanistic Jews
Jews
believe that the entire Jewish
Jewish
experience, and not only the Torah, should be studied as a source for Jewish behavior and ethical values.

FLEXIBILITY

Despite its internal rigidity, halakha has generally been a flexible system, addressing issues on the basis of circumstance and precedent. The classical approach has permitted new rulings regarding modern technology. These rulings guide the observant about the proper use of electricity on the Sabbath and holidays within the parameters of halakha. Indeed, many scholarly tomes have been published and are constantly being reviewed ensuring the maximum coordination between electrical appliances and technology with the needs of the religiously observant Jew, with a great range of opinions. Often, as to the applicability of the law in any given situation, the proviso is to "consult your local rabbi or posek ". Modern critics, however, have charged that with the rise of movements that challenge the "divine" authority of halakha, traditional Jews
Jews
have greater reluctance to change, not only the laws themselves but also other customs and habits, than traditional Rabbinical Judaism
Judaism
did prior to the advent of Reform in the 19th century.

DIFFERENCES BETWEEN ORTHODOX AND CONSERVATIVE JUDAISM

Orthodox Jews
Jews
maintain halakha is derived from the divine law of the Torah
Torah
(Bible), rabbinical laws, rabbinical decrees and customs combined. As such it should be adhered to as an unalterable authority. They also believe there are traditional formulas that date back to Moses
Moses
on how the divine law may be interpreted – see above, "Rules by which early Jewish
Jewish
law was derived". Conservative Jews
Jews
have varied views regarding the origin of the Torah
Torah
and its authority today, and believe it can be continuously reinterpreted. Their view of halakha has given rise to substantial differences in approach as well as result.

Orthodox Judaism

Orthodox Jews
Jews
believe that halakha is a religious system, whose core represents the revealed will of God. Although Orthodox Judaism acknowledges that rabbis made many decisions and decrees regarding Jewish
Jewish
Law
Law
where the written Torah
Torah
itself is non-specific, they did so only in accordance with regulations given to them by Moses
Moses
on Mount Sinai (see Deuteronomy 5:8–13). These regulations were transmitted orally until shortly after the destruction of the Second Temple
Second Temple
. They were then recorded in the Mishnah, and explained in the Talmud
Talmud
and commentaries throughout history, including today. Orthodox Judaism believes that subsequent interpretations have been derived with the utmost accuracy and care. The most widely accepted codes of Jewish
Jewish
law are known as Mishneh Torah
Torah
and the Shulchan Aruch
Shulchan Aruch
. No rabbi has the right to change Jewish
Jewish
law unless he clearly understands how it coincides with the precepts of the Talmud
Talmud
and later codes of Jewish law. Later commentaries were accepted by many rabbis as final; however, other rabbis may disagree.

Orthodox Judaism
Judaism
has a range of opinions on the circumstances and extent to which change is permissible. Haredi Jews
Jews
generally hold that even _minhagim_ (customs) must be retained and existing precedents cannot be reconsidered. Modern Orthodoxauthorities are generally more inclined to permit limited changes in customs, and some reconsideration of precedent. All Orthodox authorities, however, agree that only later rabbinical interpretations are subject to reconsideration, and hold that core sources of Divine written and oral law, such as the Torah
Torah
the Mishnahand the Talmud
Talmud
, cannot be overridden.

Conservative Judaism

For more details on this topic, see Conservative halakha.

One view held by Conservative Judaism
Judaism
is that while God
God
is real, the Torah
Torah
is not the word of God
God
in a literal sense. However, in this view the Torah
Torah
is still held as mankind's record of its understanding of God's revelation, and thus still has divine authority. In this view, traditional Jewish
Jewish
law is still seen as binding. Jews
Jews
who hold to this view generally try to use modern methods of historical study to learn how Jewish
Jewish
law has changed over time, and are in some cases more willing to change Jewish
Jewish
law in the present.

A key practical difference between Conservative and Orthodox approaches is that Conservative Judaism
Judaism
holds that its rabbinical body's powers are not limited to reconsidering later precedents based on earlier sources, but the Committee on Jewish
Jewish
Law
Law
and Standards (CJLS) is empowered to override Biblical and Taanitic prohibitions by _takkanah_ (decree) when perceived to be inconsistent with modern requirements or views of ethics. The CJLS has used this power on a number of occasions, most famously in the "driving teshuva", which says that if someone is unable to walk to any synagogue on the Sabbath, and their commitment to observance is so loose that not attending synagogue may lead them to drop it altogether, their rabbi may give them a dispensation to drive there and back; and more recently in its decision prohibiting the taking of evidence on Mamzer status on the grounds that implementing such a status is immoral. The CJLS has also held that the Talmudic concept of _ Kavod HaBriyot_ permits lifting rabbinic decrees (as distinct from carving narrow exceptions) on grounds of human dignity, and used this principle in a December 2006 opinion lifting all rabbinic prohibitions on homosexual conduct (the opinion held that only male-male anal sex was forbidden by the Bible and that this remained prohibited). Conservative Judaism also made a number of changes to the role of women in Judaism
Judaism
, including counting women in the minyan and ordaining women as rabbis . The latter was accomplished by simple vote on the faculty of the JTS. Orthodox Judaism
Judaism
holds that _takkanot_ (rabbinical decrees) can only supplement and can never nullify Biblical law, and significant decisions must be accompanied by scholarly responsa citing sources and halakhic precedent.

An example of how different views of the origin of Jewish
Jewish
law inform Conservative approaches to interpreting that law involves the CJLS's acceptance of rabbi Elie Kaplan Spitz's responsum decreeing the Biblical category of _mamzer_ as "inoperative", in which The CJLS adopted the Responsum's view that of how, in the Conservative view of halakha, the "morality which we learn through the unfolding narrative of our tradition" informs the application of Mosaic law:

We cannot conceive of God
God
sanctioning undeserved suffering ... When a law of Torah
Torah
conflicts with morality, when the law is 'unpleasant,' we are committed to find a way to address the problem… We are willing to do explicitly what was largely implicit in the past, namely, to make changes when needed on moral grounds. It is our desire to strengthen Torah
Torah
that forces us to recognize, explicitly the overriding importance of morality, a morality which we learn from the larger, unfolding narrative of our tradition

The responsum cited several examples of how, in Spitz's view, the rabbinic sages declined to enforce punishments explicitly mandated by Torah
Torah
law. The examples include the "trial of the accused adulteress (Sotah)", the " Law
Law
of the Breaking of the Neck of the Heifer" and the application of the death penalty for the "rebellious child". Spitz argues that the punishment of the Mamzerhas been effectively inoperative for nearly two thousand years due to deliberate rabbinic inaction (with a few rule-proving counterexamples, including the 18th century Orthodox rabbi Ismael ha- Kohenof Modena, who decreed that a child should have the word "mamzer" tattooed to his forehead). Further he suggested that the rabbis have long regarded the punishment declared by the Torah
Torah
as immoral, and came to the conclusion that no court should agree to hear testimony on "mamzerut". His motion was passed by the CJLS.

The decision represented a watershed for Conservative Judaism
Judaism
because it represented an explicit abrogation of a Biblical injunction on the grounds of contemporary morality, as distinct from exigency. The dissenters, who included rabbi Joel Rothas well as a partial concurrence by rabbi Daniel Nevins, argued for reaffirming the classical halakhic framework in which human decrees inform and often limit but never wholly abrogate law believed to be of Divine origin, stating that "we should acknowledge that God's law is beyond our authority to eliminate", but should continue the traditional approach of applying strict evidentiary rules and presumptions that tend to render enforcement unlikely. He also argued that the current framework is moral, both because proving mamzer status sufficiently beyond all doubt is already so difficult that it is rare, and because the mere existence and possibility of mamzerut status, even if rarely enforced, creates an important incentive for divorcing parties to obtain a get ( Jewish
Jewish
religious divorce) to avoid the sin of adultery. He cited a responsum by prominent Haredi Orthodox rabbi Ovadiah Yosefas an example of how the traditional approach works. Rabbi
Rabbi
Yosef was faced with the child of a woman who had left a religious marriage without religious divorce and had a child in the second marriage, seemingly an open-and-shut case of Mamzerstatus. Rabbi
Rabbi
Yosef proceeded to systematically discredit the evidence that the former marriage had ever taken place. The Ketubah
Ketubah
was mysteriously not found and hence disqualified, and the officiating rabbi's testimony was never sufficiently corroborated and hence not credible. Rabbi
Rabbi
Yosef then found reason to doubt that the new husband was ever the father, finding that because the ex-husband occasionally delivered alimony personally, an ancient presumption (one of many) that any time a husband and wife are alone together the law presumes intercourse has taken place governed the case. He held that Jewish
Jewish
law could not disprove, and hence had to conclude, that the original husband really was the child's father and there was no case of Mamzerstatus.

CODES OF JEWISH LAW

There are many formal codes of Jewish
Jewish
law that have developed over the past two thousand years. These codes have influenced, and in turn, have been influenced by, the _responsa _; History of Responsathus provides an informative complement to the survey below. The Torah
Torah
and the Talmud
Talmud
are not formal codes of law - they are sources of law .

The major codes of Jewish
Jewish
law:

* The Mishnah, composed by rabbi Judah the Prince, in 200 CE, as a basic outline of the state of the Oral Law
Law
in his time. This was the framework upon which the Talmud
Talmud
was based; the Talmud's dialectic analysis of the content of the Mishna(_gemara _; completed c. 500) became the basis for all later halakhic decisions and subsequent codes .

* Codifications by the Geonimof 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
Talmud
passages in a structure manageable to the layman. (It was written in vernacular Aramaic , and subsequently translated into Hebrew
Hebrew
as _Hilkhot Riu_). _Halakhot Gedolot_ ("Great Law
Law
Book"), by R. Simeon Kayyara, published two generations later, contains extensive additional material, mainly from Responsaand Monographs of the Geonim, and is presented in a form that is closer to the original Talmud
Talmud
language and structure. (Probably since it was distributed, also, amongst the newly established Ashkenazi
Ashkenazi
communities.) The _She'iltot_ was influential on both subsequent works.

* The _Hilchot_ of _the Rif_, rabbi Isaac
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 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.

* The Mishneh Torah
Torah
by Maimonides
Maimonides
1135–1204). This work encompasses the full range of Talmudic 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
Torah
is very influential to this day, and several later works reproduce passages verbatim. It also includes a section on Metaphysics
Metaphysics
and fundamental beliefs . (Some claim this section draws heavily on Aristotelian science and metaphysics; others suggest that it is within the tradition of Saadia Gaon
Saadia Gaon
.) It is the main source of practical halakha for many Yemenite Jews
Jews
– mainly Baladiand Dor Daim– as well as for a growing community referred to as _talmidei haRambam _.

* 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.

* The _ Sefer Mitzvot Gadol_ (The "SeMaG") of rabbi Moses
Moses
ben Jacob of Coucy (first half of the 13th century, Coucy , Northern France). "SeMaG" is organised around the 365 negative and the 248 positive commandments, separately discussing each of them according to the Talmud
Talmud
(in light of the commentaries of Rashi
Rashi
and the Tosafot) and the other codes existent at the time. _ Sefer Mitzvot Katan_ ("SeMaK") by Isaac
Isaac
ben Joseph of Corbeil is an abridgement of the _SeMaG_, including additional practical halakha, as well as agaddic and ethical material.

* "The Mordechai" – by Mordecai ben Hillel, d. Nuremberg
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
Ashkenazi
and Italian 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.

* The Arba\'ah Turim (_The Tur_, lit. "The Four Columns") by rabbi Jacob
Jacob
ben Asher (1270–1343, Toledo, Spain). This work traces the halakha from the Torah
Torah
text and the Talmud
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
Jewish
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.

* Orach Chayim: "The Way of Life" worship and ritual observance in the home and synagogue , through the course of the day, the weekly sabbath and the festival cycle. * Yoreh De\'ah : "Teach Knowledge" assorted ritual prohibitions, dietary laws and regulations concerning menstrual impurity. * Even Ha\'ezer : "The Rock of the Helpmate" marriage , divorce and other issues in family law. * Choshen Mishpat: "The Breastplate of Judgment" The administration and adjudication of civil law.

* The Beit Yosef, and the Shulchan Aruch
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 authorities , beginning with the Talmud
Talmud
and ending with the works of rabbi Israel Isserlein ). The Shulchan Aruch
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, Asher ben Jehiel(Rosh), and Isaac
Isaac
Alfasi (Rif); he considered _the Mordechai_ in inconclusive cases. Sephardic Jews
Jews
, generally, refer to the Shulchan Aruch
Shulchan Aruch
as the basis for their daily practice.

* The works of rabbi Moshe Isserles("Rema"; Kraków
Kraków
, Poland
Poland
, 1525 to 1572). Rema noted that the _Shulchan Aruch_ was based on the Sephardic tradition, and he created a series of glosses to be appended to the text of the Shulkhan Aruch for cases where Sephardi
Sephardi
and Ashkenazi
Ashkenazi
customs differed (based on the works of Yaakov Moelin, Israel
Israel
Isserlein , and Israel
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 Shulchan Aruch, 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.

* The _Levush Malkhut_ ("Levush") of rabbi Mordecai Yoffe(c. 1530–1612). A ten volume work, five discussing halakha at a level "midway between the two extremes: the lengthy Beit Yosef of Caro on the one hand, and on the other Caro's Shulchan Aruch
Shulchan Aruch
together with the Mappah of Isserles, which is too brief", that particularly stresses the customs and practices of the Jews
Jews
of Eastern Europe. The Levush was exceptional among the codes, in that it treated certain _Halakhot_ from a Kabbalistic standpoint.

* The Shulchan Aruch
Shulchan Aruch
HaRav of rabbi Shneur Zalman of Liadi
Shneur Zalman of Liadi
(c. 1800) was an attempt to recodify the law as it stood at that time– incorporating commentaries on the Shulchan Aruch
Shulchan Aruch
, and subsequent responsa – and thus stating the decided halakha , as well as the underlying reasoning. The work was written, partly, so that laymen would be able to study Jewish
Jewish
law. Unfortunately, most of the work was lost in a fire prior to publication. It is the basis of practice for Chabad-Lubavitchand other Hasidic groups , and is quoted as authoritative by many subsequent works, Hasidic and non-Hasidic alike.

* Works structured directly on the Shulchan Aruch, providing analysis in light of Acharonic material and codes. The MishnahBerurah of rabbi 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 Ashkenazic Jewry in the postwar period. Aruch HaShulchanby 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 Shulchan Aruch; rules dealing with vows, agriculture, and ritual purity, are discussed in a second work known as _Aruch HaShulchan he\'Atid _. Kaf HaChaim on Orach Chayimand parts of Yoreh De\'ah , by the Sephardi
Sephardi
sage Yaakov Chaim Sofer( Baghdad
Baghdad
and Jerusalem
Jerusalem
, 1870–1939) is similar in scope, authority and approach to the MishnahBerurah. Yalkut Yosef, by rabbi Yitzhak Yosef
Yitzhak Yosef
, is a voluminous, widely cited and contemporary work of halakha, based on the rulings of rabbi Ovadia Yosef.

* " Laymanoriented" digests of halakha. The Kitzur Shulchan Aruch
Shulchan Aruch
of Rabbi
Rabbi
Shlomo Ganzfried( Hungary
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
Torah
or the Shulchan Aruch. It is still popular in Orthodox Judaism
Judaism
as a framework for study, if not always for practice. Chayei Adamand Chochmat Adamby Avraham Danzig(Poland, 1748–1820) are similar Ashkenazi
Ashkenazi
works, but are regarded as a more appropriate basis for practice. The Ben Ish Chaiby Yosef Chaim ( Baghdad
Baghdad
, 1832–1909) is a corresponding Sephardi
Sephardi
work. _Peninei Halachah_ by Rabbi
Rabbi
Eliezer Melamed(15 volumes thus far) covers a wide range of subjects, from shabbat to organ donations, and in addition to clearly posing the practical law - reflecting the customs of various communities - also discusses the spiritual foundations of the Halakhot.

* _Temimei Haderech_ ("A Guide To Jewish
Jewish
Religious Practice") by rabbi Isaac
Isaac
Klein with contributions from the Committee on Jewish
Jewish
Law and Standards of the Rabbinical Assembly. This scholarly work is based on the previous traditional law codes, but written from a Conservative Jewish
Jewish
point of view, and not accepted among Orthodox Jews.

SEE ALSO

* Judaism
Judaism
portal * Law
Law
portal

* Antinomianism * Jewish ethics
Jewish ethics
* Jewish medical ethics * Mishpat Ivri * Religious law
Religious law
* Sharia
Sharia

REFERENCES

* ^ "Halacha". _Random House Webster\'s Unabridged Dictionary _. * ^ Hershel Edelheit, Abraham
Abraham
J. Edelheit, History of Zionism: A Handbook and Dictionary, p.3, citing Solomon
Solomon
Zeitlin , _The Jews. Race, Nation, or Religion?_ ( Philadelphia: Dropsie College Press, 1936). * ^ Louis Jacobs. "HALAKHAH". _Encyclopaedia Judaica_. 0.8 (2nd ed.). p. 252. * ^ _A_ _B_ Schiffman, Lawrence H. " Second Temple
Second Temple
and Hellenistic Judaism". _Halakhah_. _Encyclopedia of the Bible and Its Reception_. 11. De Gruyter. pp. 2–8. * ^ Ketubot 30b * ^ Louis Jacobs. "HALAKHAH". _Encyclopaedia Judaica_. 0.8 (2nd ed.). p. 256. * ^ Rema Choshen MishpatChapter 25 * ^ Lieberman, Saul. "Rabbinic interpretation of scripture" and "The hermeneutic rules of the aggadah" in _Hellenism in Jewish Palestine_ (NY, 1950) See also, Daube, David. "Rabbinic methods of interpretation and Hellenistic rhetoric" _HUCA _ 22 (1949) 239ff. * ^ "Vail course explores origins of Judaism". Vail Daily. July 13, 2015. “Just as science follows the scientific method, Judaism
Judaism
has its own system to ensure authenticity remains intact,” said Rabbi Zalman Abraham
Abraham
of JLI’s New York headquarters * ^ "FAQ for Humanistic Judaism, Reform Judaism, Humanists, Humanistic Jews, Congregation, Arizona, AZ". Oradam.org. Retrieved 2012-11-08.

BIBLIOGRAPHY

* J. David
David
Bleich , _Contemporary Halakhic Problems_ (5 vols), Ktav. ISBN 0-87068-450-7 , ISBN 0-88125-474-6 , ISBN 0-88125-315-4 , ISBN 0-87068-275-X , Feldheim ISBN 1-56871-353-3 * Menachem Elon
Menachem Elon
, _Ha-Mishpat ha-Ivri_ (trans. _ Jewish
Jewish
Law: History, Sources, Principles_ ISBN 0-8276-0389-4 ), Jewish
Jewish
Publication Society. ISBN 0-8276-0537-4 * Jacob
Jacob
Katz, _Divine Law
Law
in Human Hands — Case Studies in Halakhic Flexibility_, Magnes Press. ISBN 965-223-980-1 * Moshe Koppel, "Meta-Halakhah: Logic, Intuition, and the Unfolding of Jewish
Jewish
Law," ISBN 1-56821-901-6 * Mendell Lewittes, _ Jewish
Jewish
Law: An Introduction_, Jason Aronson. ISBN 1-56821-302-6 * Daniel Pollack ed., _Contrasts in American and Jewish
Jewish
Law_, Ktav. ISBN 0-88125-750-8 * Emanuel Quint, _A Restatement of Rabbinic Civil Law_ (11 vols), Gefen Publishing. ISBN 0-87668-765-6 , ISBN 0-87668-799-0 , ISBN 0-87668-678-1 , ISBN 0-87668-396-0 , ISBN 0-87668-197-6 , ISBN 1-56821-167-8 , ISBN 1-56821-319-0 , ISBN 1-56821-907-5 , ISBN 0-7657-9969-3 , ISBN 965-229-322-9 , ISBN 965-229-323-7 , ISBN 965-229-375-X * Emanuel Quint, _ Jewish
Jewish
Jurisprudence: Its Sources & Modern Applications_ , Taylor and Francis. ISBN 3-7186-0293-8 * Steven H. Resnicoff, _Understanding Jewish
Jewish
Law_, LexisNexis, 2012. ISBN 9781422490204 * Joel Roth, _Halakhic Process: A Systemic Analysis_, Jewish Theological Seminary. ISBN 0-87334-035-3 * Joseph Soloveitchik, _Halakhic Man_, Jewish
Jewish
Publication Society trans. Lawrence Kaplan. ISBN 0-8276-0397-5 * _ "Halakah". Encyclopedia Americana
Encyclopedia Americana
_. 1920. * _ Gilman, D. C. ; Peck, H. T.; Colby, F. M., eds. (1905). "Halacha". New International Encyclopedia
New International Encyclopedia
_ (1st ed.). New York: Dodd, Mead.

EXTERNAL LINKS

_ Wikiquote has quotations related to: HALAKHA _

FULL-TEXT RESOURCES OF MAJOR HALAKHIC WORKS

* _Mishneh Torah_