Anaya Nolan
Judaism is a comprehensive way of life, with rules and practices that govern every aspect of life, from daily routines to business dealings and personal grooming. These rules and practices are known as halakhah, or Jewish law, which is derived from the Torah and rabbinic interpretations. Halakhah is based on biblical commandments, Talmudic and rabbinic laws, and customs and traditions compiled in various books. While some view halakhah as less binding in daily life, it remains an essential aspect of Judaism, guiding religious practices, beliefs, and day-to-day life. The Torah, which plays a central role in halakhah, is valued by Humanistic Jews as a historical, political, and sociological text, open to interpretation and questioning. This introduction sets the stage for exploring the laws and legal principles that shape the Jewish religion and community.
| Characteristics | Values |
|---|---|
| Definition | Halachah, or halakha, means "Jewish law" or "the path one walks" |
| Number of Laws | 613 mitzvot (commandments) listed in the Torah, although this number is disputed |
| Sources | Torah law, Rabbinic law, and customs |
| Flexibility | Halakha has a degree of flexibility in finding solutions to modern problems not mentioned in the Torah |
| Rabbinic Courts | Required for Jewish divorce, conversion, marriage, dissolving oaths, and overseeing certification of Jewish legal professions and institutions |
| Pikuach Nefesh | The principle that preserving and protecting human life takes precedence over any other religious consideration |
| Sexuality and Marriage | Liberal traditions tend to disregard laws on birth control, masturbation, and contraceptives; marriage between a man and a woman is sacred |
| Homosexuality | Some Jewish groups view homosexual acts as immoral, while others are tolerant or accepting |
| Human Free Will | Humans are believed to possess free will and the ability to make ethical judgments |
| Takkanah | A rule unrelated to biblical laws that was created by rabbis for the public welfare |
| Mitzvah | A specific Jewish law or commandment; the word is also used casually to refer to any good deed |
| Examples of Mitzvot | Slay cattle, deer, and fowl according to the laws of shechitah; do not eat flesh with milk; do not steal personal property; return lost property |
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What You'll Learn
Halakha, or Jewish law
Halakha, or Halacha, is the set of laws created in Judaism. The word is derived from the Hebrew root Hei-Lamed-Kaf (הלך), which means "to go", "to walk", or "to travel". Halakha is usually translated as "Jewish law", although a more literal translation might be "the path that one walks". Halakha is derived from three sources: the Torah, laws instituted by rabbis, and long-standing customs.
The Torah, or Jewish Written Law, consists of the five books of the Hebrew Bible, commonly known to non-Jews as the "Old Testament". It is believed that the Torah was given by God to Moses on Mount Sinai, and includes within it all of the biblical laws of Judaism. The word "Torah" has multiple meanings, including a scroll made from kosher animal parchment with the entire text of the Five Books of Moses written on it, and the text itself. The Torah is also known as the Chumash, Pentateuch, or Five Books of Moses. Jewish tradition holds that "Moses received the Torah from Sinai", yet there is also an ancient tradition that the Torah existed in heaven before God revealed it to Moses and even before the world was created.
The Oral Torah is an oral tradition that allows for the creative application of halakha to each time period and enables halakha to evolve. Chief Rabbi of Cluj, Moshe Shmuel Glasner, writes:
> Thus, whoever has due regard for the truth will conclude that the reason the [proper] interpretation of the Torah was transmitted orally and forbidden to be written down was not to make [the Torah] unchanging and not to tie the hands of the sages of every generation from interpreting Scripture according to their understanding. Only in this way can the eternity of Torah be understood [properly], for the changes in the generations and their opinions, situation and material and moral condition requires changes in their laws, decrees and improvements.
The extent to which halakha is followed varies among the streams of Judaism. Orthodox streams tend to view the laws as binding, while Reform streams tend to view the laws as adaptable to the modern world. Humanistic Jews value the Torah as a historical, political, and sociological text written by their ancestors. They do not believe that every word of the Torah is true or morally correct, just because of its age. Some Jews believe that gentiles are bound by a subset of halakha called the Seven Laws of Noah, or the Noahide Laws. According to the Talmud, these laws are a set of imperatives given by God to "the children of Noah", or all of humanity.
Halakha covers various topics, including diet, method of worship, purity laws, and social and familial obligations. These laws also form an ethical framework. For example, the concept of pikuach nefesh refers to the idea that preserving and protecting human life takes precedence over any other religious consideration. This includes overriding laws for the sake of saving a life. For instance, an ill person is permitted to eat non-kosher food if it is necessary for their recovery.
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Torah, the Jewish Written Law
The Torah, or Jewish Written Law, is comprised of the five books of the Hebrew Bible, commonly known to non-Jews as the "Old Testament". The Torah is also referred to as the Chumash, Pentateuch, or Five Books of Moses. The word "Torah" has multiple meanings, including a scroll made from kosher animal parchment with the entire text of the Five Books of Moses written on it. It also refers to the text itself, in any format, and to the entire corpus of Jewish law, including the Written and Oral Law.
Jewish tradition holds that Moses received the Torah from God on Mount Sinai. However, there is also an ancient tradition that the Torah existed in heaven before God revealed it to Moses and even before the world was created. The Torah is seen as a political law given to Israel by God, and it is believed that the Jewish nation will endure as long as the Torah exists.
The Torah contains all of the biblical laws of Judaism, with 613 mitzvot (laws) listed in the text, forming the core of Halakha, or Jewish law. The extent to which these laws are followed varies among the different streams of Judaism. Orthodox Jews tend to view the laws as binding, while Reform Jews adapt them to the modern world. The laws cover a range of topics, including diet, worship, purity, and social and familial obligations.
The Oral Torah is an oral tradition that allows for the creative application of halakha to each time period and enables halakha to evolve. According to Chief Rabbi Moshe Shmuel Glasner of Cluj, the Oral Torah was forbidden to be written down so that it could be interpreted according to the understanding of each generation, thus ensuring its eternity.
The authority of rabbis in interpreting halakha is derived from a communal decision to recognize their authority in resolving disputes and interpreting laws. Rabbis are charged with connecting their contemporary community with traditions and precedents of the past.
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Rabbinic law
Rabbinic Judaism is a form of Judaism that recognises the Oral Torah as a divine authority and the rabbinic procedures used to interpret Jewish scripture. Rabbinic tradition holds that the details and interpretation of the Torah (Written Law) were originally an unwritten tradition based on the Law given to Moses on Mount Sinai.
The Written Torah is recorded as a narrative describing God imparting these laws to Moses and commanding him to transmit them to the Jewish nation. As persecution of the Jews increased, these oral laws were recorded by rabbi Judah ha-Nasi in the Mishnah around 200 CE. The Oral Torah includes rules intended to prevent violations of the laws of the Torah and Talmud, sometimes referred to as "a fence around the Torah". For example, as the written Torah prohibits certain types of travelling on the Sabbath, the Oral Torah prohibits walking long distances on the Sabbath to ensure one does not accidentally engage in prohibited travel.
The Talmud was a compilation of both the Mishnah and the Gemara, rabbinic commentaries redacted over the next three centuries. The Gemara originated in two major centres of Jewish scholarship, Israel and Babylonia, and two bodies of analysis developed, resulting in two works of Talmud. Classical rabbinic Judaism consists of three strata: tannaitic (until 200 CE), amoraic (200–500 CE), and saboraic (500 CE–7th century). The views of the Tannaim, who witnessed the destruction of the Second Temple in 70 CE, are preserved in the Mishnah, a law code constituting the first phase of formative rabbinic Judaism.
Halakha is the collective body of Jewish religious laws derived from the Written and Oral Torah. It is based on biblical commandments (mitzvot), subsequent Talmudic and rabbinic laws, and the customs and traditions compiled in various books. Halakha is often translated as "Jewish law", but a more literal translation is "the way to behave" or "the way of walking". It not only guides religious practices and beliefs but also numerous aspects of day-to-day life.
There are various situations in which a Jewish person may require a rabbinic court, the most common being to arrange a divorce or to convert to Judaism. Other cases include verifying a couple's wish to marry, dissolving oaths, and overseeing the certification of Jewish legal professionals and communal institutions.
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Sexuality and marriage
Judaism devotes considerable attention to sexuality, which is the subject of many narratives and laws in the Tanakh (Hebrew Bible) and rabbinic literature. Sexuality is viewed as having both positive and negative potential, depending on the context. Sex is considered an act of immense significance that requires commitment and responsibility, and Jewish law requires marriage before sex to ensure that sense of commitment.
The Torah, or Jewish Written Law, is comprised of the five books of the Hebrew Bible, which are believed to have been given by God to Moses on Mount Sinai. It includes all the biblical laws of Judaism. The Torah is also known as the Chumash, Pentateuch, or Five Books of Moses. The word "Torah" can refer to a scroll made from kosher animal parchment with the text of the Five Books of Moses written on it, or more broadly to the entire corpus of Jewish law. This includes both the Written and Oral Law.
According to the Torah, the commandment to procreate (Genesis 1:28) is the first mitzvah (commandment). This commandment was traditionally understood to apply only to men, although some minority views imposed the obligation on both men and women. The Torah also addresses sexual relations outside of marriage, with adultery defined as sex involving a married woman. A man who entices a single woman to have sex must offer to marry her or provide compensation, unless she is not a virgin. While there is no explicit commandment in the Torah prohibiting masturbation, male masturbation is considered a great sin in the Halakha and Oral Torah, derived from Genesis 38:7. Female masturbation is less frowned upon but is still considered impure.
In terms of marriage, the Hebrew term "kiddushin" means both "marriage" and "holiness," reflecting the understanding of marriage as a sacred commitment between a man and a woman with each other and with God. Marriage is generally expected in Judaism, and it is common for a Jewish person to marry another Jewish person. In more orthodox branches, marriages may be arranged by parents or a professional matchmaker. Before marriage, a couple must meet at least once, and if either party finds the other physically repulsive, the marriage is forbidden.
While there are differing views among Jewish groups, homosexuality is generally viewed as immoral. The Torah states in Leviticus 18:22 ("Thou shalt not lie with mankind, as with womankind; it is abomination.") and Vayikra 18:22 ("You shall not lie with a man as with a woman.") that homosexual intercourse between males is forbidden. Rabbinic sources extend this prohibition to all sexual acts between men, and female-female intercourse is similarly condemned in later rabbinic texts. However, Liberal Judaism in the United Kingdom and several other liberal Jewish denominations consider homosexual relationships acceptable and conduct weddings for same-sex couples. Reconstructionist, Humanistic, and Reform Judaism also express a positive attitude toward sex between married couples of the same sex, and Conservative Judaism to a certain degree.
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Dietary laws
Judaism has a set of laws, known as halachah, which translates as 'Jewish law' or 'the path one walks'. These laws cover a range of topics, including diet, worship, purity, and social and familial obligations.
Other dietary laws are less explicit and have been interpreted by Jewish authorities over time. One such law is the prohibition against consuming dairy products and meat together, derived from the statement, "You shall not boil a kid in its mother's milk" found in Exodus 23:19, 34:26, and Deuteronomy 14:21. While some interpret this as a law against mixing milk and meat, others argue that it was not intended as a dietary prohibition.
The concept of kosher, or kasher, which means "fitting and proper," is central to Jewish dietary laws. Keeping kosher involves following specific rules about the types of food that can be eaten, how they are prepared, and the blessings and prayers that accompany meals. For example, an ill person is permitted to eat non-kosher food if it is necessary for their recovery, demonstrating that preserving human life takes precedence over religious considerations.
Observance of Kashrut varies among Jews, with some following the laws strictly and others adopting a more flexible approach. Ultimately, each individual is encouraged to develop a personal dietary regimen guided by ethical considerations and the belief that food should be considered kosher if its production involves animal suffering.
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Frequently asked questions
Halakha, or Halacha, is the collective body of Jewish religious laws derived from the Torah and rabbinic rulings.
Halakha is often translated as "Jewish Law", but a more literal translation might be "the way to behave" or "the path that one walks".
Halakha comes from the Torah, rabbinic rulings, and long-standing customs.
Halakha guides religious practices and beliefs, as well as day-to-day life. Examples include what to do when you wake up in the morning, what you can and cannot eat, what you can and cannot wear, how to groom yourself, how to conduct business, who you can marry, and how to observe holidays.
