Cecily Zamora
Judaism holds that halakha, the totality of laws and ordinances that have evolved since biblical times, was given to Moses by God on Mount Sinai. These laws were recorded in the Torah, the first five books of the Hebrew Bible, and are also known as the Written Torah. The Oral Torah, also known as the Oral Law, was memorised and passed down from generation to generation, eventually being recorded in the Mishnah and explained in the Talmud.
| Characteristics | Values |
|---|---|
| Name of Jewish Law | Halakha, also referred to as Torah |
| Meaning of Halakha | "Go" or "walk" in Hebrew, indicating the "way" a Jew should behave in civil, criminal, and religious law |
| Components | Mishpat ivri, which deals with civil and criminal matters such as business relationships, evidence, torts, property, and theft |
| Mishnah, the earliest compendium of Jewish law from around 200 CE | |
| Talmud, a collective term for works including Mishnah, Gemara, and commentaries | |
| Written Torah, or Chumash, Pentateuch, or Five Books of Moses | |
| Oral Torah, or Oral Law, which includes clarifications and extensions of the Written Torah, guidance for dispute resolution, and court procedures | |
| Mishneh Torah, an 11th-century compendium by Maimonides | |
| Shulchan Aruch, a 16th-century handbook of halakha by Joseph Caro | |
| Given by | God |
| Given to | Moses on Mount Sinai |
| Given to (also) | The Jewish People during their 40-year journey through the wilderness after leaving Egypt |
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What You'll Learn
The Torah, given to Moses on Mount Sinai
The Torah, or Jewish Written Law, is made up 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 several 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 of the Five Books of Moses in any format. It can also refer to the entire corpus of Jewish law, encompassing the Written and the Oral Law.
Jewish tradition holds that the Torah was given by God to Moses on Mount Sinai. The Torah is said to include all of the biblical laws of Judaism, and it is replete with instructions, directives, statutes, laws, and rules, most of which are directed at the Israelites, and some to all of humanity. The rabbis, who have made many additions and interpretations of Jewish law, are believed to have done so in accordance with regulations given to Moses on Mount Sinai.
The Torah was given on the day of Shavuot, according to Jewish tradition. The Children of Israel arrived at Mount Sinai on the first of Sivan, the third calendar month, and received the Torah on the sixth or seventh day, according to the Talmud. The Book of Exodus describes Moses ascending Mount Sinai, where God spoke to him, telling him to prepare the Children of Israel for the Lord's arrival on the third day. Moses relayed God's words to the Children of Israel, who accepted the Torah with all its precepts.
The Torah was transmitted to Moses in two parts: the written Torah, which comprises the biblical books of Genesis through Deuteronomy, and the Oral Torah, which was passed down orally from Moses to his successors, and eventually to the rabbis. These oral teachings are considered by the Talmud to carry the weight of biblical law, despite not being written explicitly in the Torah. This process of oral transmission is referred to as "Halakha le-Moshe mi-Sinai," meaning "a law given to Moses at Sinai."
The Torah is the foundation of Judaism, and its purpose is to make Israel a kingdom of priests and a holy nation. It is considered the ultimate source of Jewish behaviour and ethical values, though some Jews, like Humanistic Jews, believe that the entire Jewish experience, not just the Torah, should be studied for guidance.
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The Talmud, a collection of teachings and interpretations
The Talmud is a central text of Rabbinic Judaism and the primary source of Jewish religious law (halakha) and theology. It is a textual record of rabbinic debate about law, philosophy, and biblical interpretation. The Talmud is a commentary on the Mishnah, a compilation of Jewish law that appeared around 200 CE. The Talmud exists in two versions: the Babylonian Talmud (Talmud Bavli) and the Jerusalem Talmud (Talmud Yerushalmi). The Babylonian Talmud is the more commonly studied version and was compiled in present-day Iraq, likely in the sixth century. The Jerusalem Talmud was compiled in Israel between the late fourth and early fifth centuries.
The Talmud is made up of 63 tractates, each covering one subject area, and is written in Jewish Babylonian Aramaic. It includes the teachings and opinions of thousands of rabbis on a wide range of subjects, including halakha, Jewish ethics, philosophy, customs, history, and folklore. The process of developing, interpreting, modifying, and enacting rules of conduct is how halakha develops. The rabbis of classical Talmudic Judaism developed a system of hermeneutic principles to interpret the words of the written Torah.
The Talmud is the result of generations of rabbinic leaders interpreting and applying Jewish law to contemporary issues. Rabbinic authority is derived from a communal decision to recognize their authority to resolve disputes and interpret Jewish law. The Talmud is structured as a commentary on the Mishnah, with stories interwoven. The Mishnah itself is a collection of originally oral laws supplementing scriptural laws. The Talmud also includes the Gemara, a collection of commentaries on and elaborations of the Mishnah.
The Talmud has been the subject of various commentaries and interpretations throughout history. The Tosafot, for example, are collected commentaries by medieval Ashkenazic rabbis that aim to explain and interpret contradictory statements in the Talmud. Other notable commentaries include those by Rabbi Meir of Lublin, Rabbi Meir ben Yaakov Schiff, the Chida, Rabbi Ya'akov Yehoshua Falk, Rabbi Shmuel Strashun, and R. Betzalel Ashkenazi.
The Talmud is a sacred text for traditional religious Jews and was once the centerpiece of Jewish cultural life. It serves as a guide for the daily lives of Jews, encompassing civil, criminal, and religious law.
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Mishneh Torah, a compendium of Jewish law
Jewish law, or halakha, is derived from the Torah, rabbinical laws, rabbinical decrees, and customs. The Torah, or the Jewish Written Law, is made up of the first five books of the Hebrew Bible, also known as the "Old Testament". It is believed that the Torah was given by God to Moses on Mount Sinai.
Maimonides' Mishneh Torah, or Rambam, is one of the most complete and influential compendia of Jewish law. It was compiled in the 11th century and is considered one of the greatest and most innovative Jewish legal texts of all time. The Mishneh Torah is a guide to the entire system of Jewish law and is designed to simplify the process of studying and observing the law. It is introduced by the "Sefer Ha-Mitzvot" ("Book of the Commandments"), which Maimonides wrote before drafting his code.
The Mishneh Torah is notable for its novel system of codifying halacha (Jewish law). It covers a wide range of topics within Jewish law, from torts to ritual worship. The work is made up of 14 sections, which are arranged thematically. The Mishneh Torah virtually never cites sources or arguments and focuses on stating the final decision on the law to be followed. This lack of sources was a point of criticism from Maimonides' contemporaries, and he later expressed regret for not adding them.
The Mishneh Torah has been the subject of numerous commentaries and has influenced later codes of Jewish law, such as the Arba'ah Turim and Shulchan Aruch. It is one of the first post-Talmudic sources consulted when investigating a question of Jewish law.
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Shulchan Aruch, a handbook of halakhah
The Shulchan Aruch, also known as the "Code of Jewish Law", is a handbook of halakhah, or Jewish law. It was authored by Rabbi Joseph Karo in the city of Safed, now in Israel, in 1563 and published in Venice two years later. The Shulchan Aruch is the most widely consulted and accepted code of Jewish law ever written. It is a condensed and simplified version of the Beit Yosef, a commentary that Karo wrote on the Tur.
The Shulchan Aruch is a compilation of rulings in accordance with Sephardic traditions and customs. It is supplemented by the glosses of Rabbi Moses Isserles, which cite Ashkenazic traditions and customs. These glosses are widely referred to as the "tablecloth" to the "Set Table", the literal translation of Shulchan Aruch from Hebrew. Almost all published editions of the Shulchan Aruch include this gloss, and the term has come to denote both Karo's work as well as Isserles'.
The Shulchan Aruch is largely based on an earlier work by Karo, the Beit Yosef. However, it includes various rulings that are not mentioned in the Beit Yosef. The Shulchan Aruch and its forerunner, the Beit Yosef, follow the same structure as the Arba'ah Turim by Jacob ben Asher. There are four volumes, each subdivided into many chapters and paragraphs. The volumes are:
- Orach Chayim – laws of prayer and synagogue, Sabbath, and holidays
- Yoreh De'ah – laws of kashrut; conversion to Judaism; mourning; laws pertaining to Israel; niddah
The Shulchan Aruch has been "the code" of Rabbinical Judaism for all ritual and legal questions that arose after the destruction of the Temple in Jerusalem. Despite Karo's low opinion of the work, it achieved popularity and became the code of law for Ashkenazi Jews, along with the later commentaries of Isserles and 17th-century Polish rabbis.
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Oral Torah, a memorised tradition
The Oral Torah, or Oral Law, is a fundamental tenet of Orthodox Judaism. It consists of statutes and legal interpretations that were not recorded in the Five Books of Moses or the Written Torah. The Oral Torah is believed to have been transmitted orally by God to Moses during the Exodus from Egypt on Biblical Mount Sinai. It was then passed down orally from generation to generation, from Moses to Joshua, Joshua to the elders, the elders to the prophets, and finally, the prophets to the Men of the Great Assembly.
The Oral Torah is crucial to the normative practice of Judaism today. It provides a vast literature that translates scriptural sources into a guide for daily living. For example, the Tefillin, worn by some Jews during prayer on weekday mornings, is derived from a handful of biblical verses that refer to the binding of "signs" and "symbols" on the arm and between the eyes. The Oral Torah further explains that these signs and symbols are specific biblical verses inscribed on parchment, sealed in wooden boxes, and bound to the body with leather straps.
Another example is the dietary practice of kashrut, which is one of the most expansive and detailed areas of Jewish law. The Written Torah states in Exodus 23:19 and Deuteronomy 14:21 that it is forbidden to "boil a kid in its mother's milk." The Oral Torah expands upon this, explaining that these verses indicate a vast array of practices, including the complete ban on consuming any land animal with any dairy product, the requirement of separate sets of cooking equipment and serving utensils for meat and dairy, and the obligation to wait some time after eating meat before consuming dairy.
The Oral Torah was originally not transcribed but passed down orally from father to son and from teacher to disciple. However, around 200 CE, the Oral Law was compiled into a written text called the Mishnah by Rabbi Judah HaNasi (also known as Rabbi Judah the Prince). This was done to preserve the law, as the Hebrew community and its learning were under threat due to the First Jewish-Roman War of 66-73 CE and the Bar Kokhba revolt, which resulted in the loss of thousands of Jewish lives and the destruction of leading yeshivot, scholars, and students. The Mishnah is considered the first work of rabbinic literature and is a collection of 63 tractates systematically codified by HaNasi, divided into six "orders."
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Frequently asked questions
Jewish law, or halakha, was first given on Mount Sinai, during the encounter between God and the Jewish people, led by Moses.
Halakha is the totality of laws and ordinances that have evolved since biblical times. It regulates religious observances and the daily life and conduct of the Jewish people.
The Torah is the first five books of the Hebrew Bible, commonly known to non-Jews as the "Old Testament". It is also known as the Chumash, Pentateuch, or Five Books of Moses.
The Talmud is a collective term for several individual works that are printed together in the same set of volumes. It contains the text of the Oral Law, serves as the primary source of the d'rabbanan laws, and contains commentaries that have become primary sources of Jewish law.
The Written Torah, or Written Law, is the first five books of the Jewish Bible. It tells the story of the creation of the world and its history, including the story of the Tower of Babylon and the history of the Jewish people. The Oral Torah, or Oral Law, contains methods for applying the Written Torah to everyday situations, as well as clarifications and extensions of the Written Torah, and guidance for dispute resolution and court procedures.
