Cecily Zamora
The Talmud, a collection of several individual works, is the most important source of Jewish law. The Talmud contains the text of the Oral Law, the primary source of d'rabbanan laws, and commentaries whose authority has risen to the level of a primary source of Jewish law. The root of the Hebrew term used to refer to Jewish law, halakhah, means go or walk, and it refers to the way a Jew is directed to behave in every aspect of life, encompassing civil, criminal, and religious law. According to the Talmud, Tractate Shabbat, one should wear the left shoe first, while a Baraita states that one should wear the right shoe first.
| Characteristics | Values |
|---|---|
| Translation | “Jewish Law", "the path one walks", "the way to behave", "the way of walking", "the path that one walks" |
| Root meaning | “go", “walk”, “travel” |
| Sources | Torah law, Rabbinic law, Customs and Traditions |
| Number of laws | 613 mitzvot (commandments) |
| Categories | Orach Chayim, Yoreh De'ah, Even Ha'ezer, Choshen Mishpat |
| Torah meaning | "instruction", "teaching" |
| Torah contents | Instructions, directives, statutes, laws, rules |
| Talmud | Mishna, Gemara, commentaries |
| Rabbinic laws | Gezeirah, Takkanah, Minhag |
| Rabbinic court | Three Jewish people, one rabbi |
| Interpretations | Sephardic interpretation, Ashkenazic interpretation |
| Other names | Halacha, Halakhah, Halakah |
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What You'll Learn
The Torah
The 613 mitzvot (commandments) in the Torah form the core of Halakha. These commandments are divided into 248 Mitzvot Aseh, or positive commandments, and 365 Mitzvot Lo Ta’aseh, or negative commandments. Mitzvot D’Oraita, or commandments from the Torah, are observed with the utmost stringency whenever possible, as they are considered to come directly from God. While Orthodox Jews tend to view these laws as binding, Reform Jews tend to view them as adaptable to the modern world.
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Talmudic literature
Shoes are an important topic in Talmudic literature, despite being worn at the bottom of the body and usually put on last. The Talmud states that "a person should sell the roof beams of his house to buy shoes for his feet". Shoes are seen as a sign of sensuousness, comfort, luxury, and pleasure. They are also a symbol of protection and strength, separating humans from the "lowly ground" and elevating them above the beasts.
The Shulchan Aruch, or Code of Jewish Law, states that when putting on shoes, the right shoe goes on first, followed by the left. When tying shoes, the left shoe is tied first. When removing shoes, the left shoe comes off first, although some authorities suggest that the right shoe should be untied first. This custom is based on the belief that the right side is more important than the left, and so the right foot should not be left uncovered while the left is covered. The tying of shoes is likened to the tying of tefillin on the left arm.
During the mourning period after a death, leather shoes are not worn. In Talmudic times, both the pallbearers and mourners went barefoot. If someone has to leave the house or go to synagogue during the mourning period, leather shoes may be worn, but they must be removed upon returning home or entering the synagogue. A little earth or a pebble is placed in the shoes as a reminder of mourning.
The Talmud also discusses the requirements of a special shoe for chalitza, which must have very tight-fitting straps that can be tied around the ankle so that the foot cannot slip out and must be untied to remove the shoe.
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Rabbinic laws
Jewish law, or halachah, is derived from three sources: the Torah, laws instituted by rabbis (rabbinic law), and long-standing customs. Rabbinic law, also known as d'rabbanan, is considered to be as binding as Torah law. However, there are differences in how these laws are applied.
Rabbinic law comes from the intellectual product of rabbis over the past 2000 years. The authority of a legal work is determined by its acceptance by the Jewish people over time. Rabbinic law is based on interpretations of the Written Law and the Oral Law. The Oral Law, or Oral Torah, is a body of teaching that rabbinic sources claim was revealed at Mount Sinai alongside the Written Torah. Rabbinic interpretations of the Oral Law are recorded in the Gemara, which is a direct commentary on the Oral Law. The Talmud, a collective term for several individual works printed together, contains the Gemara, commentaries on the Gemara, and the text of the Oral Law. The Talmud is the source of thousands of d'rabbanan laws and is considered the most important source of Jewish law.
The Talmud is made up of the Mishna, the Gemara, and several commentaries on these works. The Mishna, the earliest compendium of Jewish law, was compiled around 200 CE. The Gemara was developed in the Amoraic period (220 CE-500 CE), the first historical period after the close of the Mishna. The Talmud Yerushalmi (Palestinian Talmud) was compiled around 425 CE, and the Talmud Bavli (Babylonian Talmud) was compiled a century later in the Persian Empire. The Babylonian Talmud became the universally accepted arbiter of halachah and is the subject of many extensive commentaries.
The Mishneh Torah, compiled by Maimonides in the 11th century, is one of the most complete and influential compendia of Jewish law. The 16th-century Sephardic rabbi Joseph Caro developed the Shulhan Arukh ("Prepared Table"), a handbook of halachah that became the worldwide standard of halachah.
Mitzvot d'rabbanan, or rabbinic commandments, are commonly divided into three categories: gezeirah, takkanah, and minhag. A gezeirah is a rabbinic law that creates a "fence" around a Torah commandment to prevent people from accidentally violating it. For example, the Torah prohibits work on Shabbat, but a gezeirah prohibits even handling an implement that could be used for work, to prevent someone from forgetting it is Shabbat and accidentally working.
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Customs and traditions
Minhagim (plural of minhag) are customs adopted as part of Jewish tradition and often relate to ritual practices. They can vary based on geographical origin and familial practices. For example, the Talmud, a primary source of Jewish law, was compiled from the interpretive traditions of rabbis in the Land of Israel and Babylonia. Similarly, the Babylonian Talmud and the Palestinian Talmud reflect the influence of different regional rabbinic traditions.
The development of halakhah before the Maccabees is considered a formative but obscure period. Historian Yitzhak Baer proposed that many of the laws during this time emerged from neighbourly good conduct rules, similar to those practised by the Greeks in the age of Solon. This perspective highlights the influence of cultural customs and traditions on the evolution of Jewish law.
Over time, as rabbinic teachings expanded, it became necessary to document them, leading to the creation of the Mishnah around 200 CE. The Mishnah, compiled by Judah haNasi, served as a foundational outline of Oral Law and became the basis for the Talmud. The Talmud, in turn, provided the foundation for subsequent halakhic decisions and codes.
In addition to the Talmud, several influential compendia of Jewish law have been written throughout history, such as Maimonides' Mishneh Torah in the 11th century and Joseph Caro's Shulhan Arukh in the 16th century. These works have played a pivotal role in interpreting and disseminating halakhah, ensuring its preservation and accessibility to Jewish communities worldwide.
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Civil, criminal and religious law
Civil law in the United States generally does not enforce religious standards or require people to perform actions based on religious obligations. However, there are instances where civil law intersects with religious law. For example, some American states enforce kosher requirements, which are observed by Orthodox and Conservative Jews, and penalise fraud in the labelling of products as kosher. This serves the secular interest of preventing consumer deception. Additionally, in matters of divorce, civil law may intersect with religious law. In the case of Jewish divorces, a woman who is divorced under civil law cannot remarry under Jewish law unless her husband grants her a 'get'. To address this, states like New York have adopted statutes that pressure divorcing husbands to grant 'gittin' to their wives, thus ensuring civil equality between men and women and the right to remarry.
Religious law refers to the ethical and moral codes taught by various religious traditions. Examples include Christian canon law, Jewish halakha, Islamic Sharia, and Hindu law. Religious law can apply only to adherents of a particular religion or be enforced by civil authorities for all residents. Canon law, for instance, is the system of laws and legal principles enforced by the Catholic Church's hierarchical authorities to regulate its organisation, direct the activities of Catholics, and govern its external affairs. It is the oldest continuously functioning legal system in the West, predating European common law and civil law traditions. Canon law has all the elements of a mature legal system, including laws, courts, lawyers, judges, and a fully articulated legal code. However, it lacks civilly binding force in most secular jurisdictions.
Halakha, or Jewish law, is derived from the Written and Oral Torah and encompasses biblical commandments (mitzvot), Talmudic and rabbinic laws, and customs and traditions. Halakha guides both religious practices and beliefs and numerous aspects of daily life, including diet, worship methods, purity laws, and social and familial obligations. It is a complex system of laws with various sources, including Torah law, Rabbinic law, and rabbinic courts (beit din) that interpret and apply these laws. The extent to which Halakha is followed varies among the streams of Judaism, with Orthodox Jews tending to view the laws as binding, while Reform Jews adapt them to the modern world.
The relationship between civil and religious law can be complex and sometimes contentious, raising questions of constitutionality and legislative wisdom. While civil law generally does not enforce religious standards, there are instances where the two intersect, particularly in matters of divorce and certain observances, as seen in the case of kosher laws and Jewish divorce practices. These intersections can lead to state involvement in religious matters and raise questions about the separation of church and state.
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Frequently asked questions
Jewish law is called Halachah, which translates to 'Jewish law' or 'the path one walks'.
Halachah comes from three sources: the Torah, laws instituted by rabbis, and long-standing customs. The Torah forms the core of Halachah, listing 613 mitzvot (laws).
There are three general categories of rabbinic laws: Gezeirah, Takkanah, and Minhag. Gezeirah refers to laws instituted by rabbis to prevent people from accidentally violating Torah law. Takkanah refers to non-biblical laws created for the welfare of the public. Minhag refers to customs that are adopted as part of Jewish tradition.
