Christian/Muslim ThreadsWhy wont Muhammed come back at Judgement?The Oral Law 'tradition', is what Jesus was talking about in Matthew 15 1. Then came to Jesus scribes and Pharisees, which were of Jerusalem, saying, 2. Why do thy disciples transgress the tradition of the elders? for they wash not their hands when they eat bread. 3. But he answered and said unto them, Why do ye also transgress the commandment of God by your tradition? 4. For God commanded, saying, Honour thy father and mother: and, He that curseth father or mother, let him die the death. 5. But ye say, Whosoever shall say to his father or his mother, It is a gift, by whatsoever thou mightest be profited by me; 6. And honour not his father or his mother, he shall be free. Thus have ye made the commandment of God of none effect by your tradition. Karaites During the 9th century C.E., a number of sects arose that denied the existence of oral Torah. These sects came to be known as Karaites (literally, People of the Scripture), and they were distinguished from the Rabbanites or Rabbinical Judaism. The Karaites believed in strict interpretation of the literal text of the scripture, without rabbinical interpretation.They believed that rabbinical law was not part of an oral tradition that had been handed down from G-d, nor was it inspired by G-d, but was an original work of the sages. As such, rabbinical teachings are subject to the flaws of any document written by mere mortals. The difference between Rabbanites and Karaites that is most commonly noted is in regard to the Sabbath: the Karaites noted that the Bible specifically prohibits lighting a flame on the Sabbath, so they kept their houses dark on the sabbath. The Rabbanites, on the other hand, relied upon rabbinical interpretation that allowed us to leave burning a flame that was ignited before the sabbath. Karaites also prohibited sexual intercourse on the sabbath, while Rabbanites considered the sabbath to be the best time for sexual intercourse. The Karaites also follow a slightly different calendar than the Rabbanites. According to the Karaites, this movement at one time attracted as much as 40% of the Jewish people. Today, Karaites are a very small minority, and most Rabbinical Jews do not even know that they exist. For more information about the Karaites see http://www.karaites.org/ http://www.us-israel.org/jsource/Judaism/Karaites.html Tosefta From Wikipedia, the free encyclopedia. The Mishnah is basic compilation of the Oral law of Judaism; it was written down around 200 CE. However there is another compilation of oral law from that time period which is nearly as authoritative; this is the Tosefta. Rashi (in his commentary on Talmud Sanhedrin 33a) writes that the Mishnah was redacted by Judah haNasi in consultation with members of the Academy, while the Tosefta was edited by Rabbis Hiyya and Oshaiah on their own, thus the Tosefta is less authoritative. In many ways the Tosefta acts as a supplement to the Mishna. The word 'tosefta' means 'supplement'. The Tosefta' is a Halakhic work which corresponds in structure almost exactly to the Mishna, with the same divisions for sedarim (orders) and masekhot (tractates). It is mainly written in Mishnaic Hebrew, with a few Aramaic sentences. Much of the tosefta is currently regarded as being written shortly after the Mishna was redacted, and seemed to act as a supplement to it. The text of most of Tosefta agrees nearly verbatim with the Mishna, and often varies only slightly. The Tosefta offers authors' names for laws that are anonymous in the Mishna; It also augments the Mishna with additional glosses and discussions. However, recent scholarship, especially by Professor Judith Hauptman reveals that the Tosefta draws on source material earlier than the later material in the Mishnah. It may well be that parts of the Tosefta predate the Mishnah. The Tosefta as we have it today functions like a commentary on unquoted Mishnaic material; It offers additional haggadic and midrashic material, and it sometimes contradicts the Mishna in deciding Halakha (Jewish law), or in declaring in whose name a law was given. http://www.wikipedia.org/wiki/Tosefta The Talmud is an authoritative record of rabbinic discussions on Jewish laws, ethics, customs, legends and stories. It expands on the earlier writings in the Torah and Mishnah, and is the basis for all later codes of Jewish law). The two Talmuds The Talmud is a combination of a core text, the Mishnah and a later commentary, called the gemara ("completion"). There is only one Mishnah, but there are two distinct gemaras, the Yerushalmi and the Bavli. Both gemaras were developed by many rabbis over a few centuries. Talmud Yerushalmi The first gemara developed in the Land of Israel, near Galilee, and was redacted together in a formal collection around the year 450 CE. Together this gemara and the Mishnah are known as Talmud Yerushalmi (The Jerusalem Talmud); however, the name is a misnomer, as it was not writtem in Jerusalem. As such it is also known more accurately as the Palestinian Talmud or The Talmud of the Land of Israel. Talmud Bavli The second gemara developed in Babylonia, and was redacted together in a formal collection by Ashi and Ravina, whose work was completed around the year 550 CE. Many books on the Talmud usually use this as the date of the Talmud's composition. However, editorial work continued on this text for the next 250 years, so the much of the text did not reach its final form until around 800 CE. Modern editions of the gemara are never printed by itself, but it is always printed along with the Mishnah. The Babylonian gemara and Mishnah printed together is called Talmud Bavli (the "Babylonian Talmud"). The canonical edition used is the Vilna edition, typeset by the widow and Brothers Romm, non-Jewish Lithuanians; because the Vilna Shas (another word for Talmud) is used to the exclusion of all other printings, the canonical typesetting, pagination, etc., are frequently thought of as integral to the gemara. Talmud Bavli was studied most frequently throughout history, and thus has a plethora of commentary; because modern Jews are descended from those who determined their practices from the Bavli, the Bavli's opinion generally trumps Talmud Yerushalmi. Talmud Yerushalami is fragmentary and difficult to read, even for experienced Talmudists. However, the Yerushalmi covers a number of topics specific to the land of Israel which are not covered in the Bavli, such as the agricultural laws. The laws such as leaving the corners of one's field for the poor, leaving one's land fallow every seven years, etc. only apply within the borders of the land of Israel, and thus, the rabbis of the Bavli who had lived in the Diapora for generations, in many cases, did not consider themselves experts in these laws. When the word "Talmud" is used without specifying which Talmud is meant, it always refers to the Babylonian Talmud. The Babylonian Talmud is much more complete than the Jerusalem Talmud, and the redaction is much more careful and precise. Still, it is by no means complete. The gemara only exists for 37 out of the 63 tractates of the Mishna. Why did these tractates remain without gemara in Babylonian Talmud? The traditional answer is that the laws of Zeraim and Toharot (except Niddah) had no practical relevance; The agricultural laws were tied only to the land of Israel. In the diaspora these laws simply were of no use. The purity laws (except for family purity) were no longer applicable, because there was no longer a Temple and sacrificial system. One might think then that there would be no Babylonian Talmud gemara on Qodashim - but there is. This is probably because the study of the sacrificial regulations is generally thought of as being on par with actually performing sacrifices. Contents and function The gemaras do not stick closely to the Mishnah's text; they offer a huge amount of additional material, some of which is only loosely connected to the Mishnah. They supplement it with haggadic (or aggadic) materials and biblical expositions, and are a source for history and legend. They also bring in sources from the Mishnaic era which were not included in the Mishnah compendium, which are called Tosefta (additions); the Talmud refers to these as beraitot, from the word outside. In the usual printed editions the Babylonian Talmud comprises the full Mishna, the 37 gemaras, and the extra-canonical (minor) tractates; This comprises folio 5,894 pages. The Talmud is the major source of Jewish practice. One might think that the Torah would serve this role, but the Torah only lists the rules; it tells little about to follow them and how to apply them to different circumstances. Although the Talmuds were not meant to be formal legal codes (other works were created for that purpose) it is the ultimate source material, in that it is used to decide matters of Halakha (Jewish law). Influence The Talmud and its study spread from Babylon to Egypt, northern Africa, Italy, Spain, France, and Germany, regions destined to become abodes of the Jewish spirit; and in all these countries Jewish intellectual interest centered in the Talmud. The first great reaction against its supremacy was Karaism, which arose in the very strong-hold of the Geonim within two centuries after the completion of the Talmud. The movement thus initiated and the influence of Arabic culture were the two chief factors which aroused the dormant forces of Judaism and gave inspiration to the scientific pursuits to which the Jewish spirit owed many centuries of fruitful activity. This activity did not infringe on the authority of the Talmud; for although it combined other ideals and intellectual aims with Talmudic study, the importance of that study was in no wise decried by those who devoted themselves to other fields of learning. Within Judaism, the prime competitor to the primacy of Talmud study was the development of Kabbalah (Jewish esoteric mysticism), which in its modern form arose in the thirteenth century. During the decline of intellectual life among the Jews which began in the sixteenth century, the Talmud was regarded almost as the supreme authority by the majority of them; and in the same century eastern Europe, especially Poland, became the seat of its study. Even the Bible was relegated to a secondary place, and the Jewish schools devoted themselves almost exclusively to the Talmud; so that "study" became synonymous with "study of the Talmud." A reaction against the supremacy of the Talmud came with the appearance of Moses Mendelssohn and the intellectual regeneration of Judaism through its contact with the gentile culture of the eighteenth century, the results of this struggle being a closer assimilation to European culture, the creation of a new science of Judaism, and the movements for religious reform. Despite the quasi-Karaite inclinations which appeared in early Reform Judaism, the majority of Jews clung to the Talmud as the primary document through which mainstream Judaism was understood. Modern culture has gradually alienated from Talmud study most Jews; Talmud is now regarded by most Jews as merely one of the branches of Jewish theology. On the whole Jewish learning has done full justice to the Talmud, many scholars of the nineteenth and twentieth century having made noteworthy contributions to its history and textual criticism, and having constituted it the basis of historical and archeological researches. The study of the Talmud has even attracted the attention of non-Jewish scholars; and it has been included in the curricula of universities. The Talmud in modern-day Judaism Orthodox Jews study the Talmud in depth, but rarely use Talmudic legal methodology to alter Jewish law as codified in later compendia. Orthodox Jews study the Talmud for its own sake; this is considered a great mitzvah. Conservative Jews also consider Halakha as binding, but do not always accept modern (post-1500) legal codes as absolutely binding; as such they use the Talmud in the same way that pre-1500 rabbis used it. This is theoretically still an option in the Orthodox community, but in practice is used very rarely --- Rabbi Moshe Feinstein is one notable Orthodox authority who ruled directly from the Talmud. Reform and Reconstructionist Jews usually do not teach much Talmud in their Hebrew schools, but they do teach it in their rabbinical seminaries; The world view of liberal Judaism rejects the idea of binding Jewish law, and uses the Talmud as a source of inspiration and moral instruction. Attacks on the Talmud The history of the Talmud reflects in part the history of Judaism persisting in a world of hostility and persecution. Almost at the very time that the Babylonian savoraim put the finishing touches to the redaction of the Talmud, the emperor Justinian issued his edict against the abolition of the Greek translation of the Bible in the service of the Synagogue. This edict, dictated by Christian zeal and anti-Jewish feeling, was the prelude to attacks on the Talmud, conceived in the same spirit, and beginning in the thirteenth century in France, where Talmudic study was then flourishing. The charge against the Talmud brought by the convert Nicholas Donin led to the first public disputation between Jews and Christians and to the first burning of copies of the work (Paris, 1244). The Talmud was likewise the subject of a disputation at Barcelona in 1263 between Nahmanides (Rabbi Moses ben Nahman) and Pablo Christiani. This same Pablo Christiani made an attack on the Talmud which resulted in a papal bull against it and in the first censorship, which was undertaken at Barcelona by a commission of Dominicans, who ordered the cancelation of passages reprehensible from a Christian point of view (1264). At the disputation of Tortosa in 1413, Geronimo de Santa Fé brought forward a number of accusations, including the fateful assertion that the condemnations of pagans and apostates found in the Talmud referred in reality to Christians. Two years later, Pope Martin V., who had convened this disputation, issued a bull (which was destined, however, to remain inoperative) forbidding the Jews to read the Talmud, and ordering the destruction of all copies of it. Far more important were the charges made in the early part of the sixteenth century by the convert Johann Pfefferkorn, the agent of the Dominicans. The result of these accusations was a struggle in which the emperor and the pope acted as judges, the advocate of the Jews being Johann Reuchlin, who was opposed by the obscurantists and the humanists; and this controversy, which was carried on for the most part by means of pamphlets, became the precursor of the Reformation. An unexpected result of this affair was the complete printed edition of the Babylonian Talmud issued in 1520 by Daniel Bomberg at Venice, under the protection of a papal privilege. Three years later, in 1523, Bomberg published the first edition of the Palestinian Talmud. After thirty years the Vatican, which had first permitted the Talmud to appear in print, undertook a campaign of destruction against it. On New-Year's Day (Sept. 9), 1553, the copies of the Talmud which had been confiscated in compliance with a decree of the Inquisition were burned at Rome; and similar burnings took place in other Italian cities, as at Cremona in 1559. The Censorship of the Talmud and other Hebrew works was introduced by a papal bull issued in 1554; five years later the Talmud was included in the first Index Expurgatorius; and Pope Pius IV. commanded, in 1565, that the Talmud be deprived of its very name. The first edition of the expurgated Talmud, on which most subsequent editions were based, appeared at Basel (1578-1581) with the omission of the entire treatise of 'Abodah Zarah and of passages considered inimical to Christianity, together with modifications of certain phrases. A fresh attack on the Talmud was decreed by Pope Gregory XIII. (1575-85), and in 1593 Clement VIII. renewed the old interdiction against reading or owning it. The increasing study of the Talmud in Poland led to the issue of a complete edition (Cracow, 1602-5), with a restoration of the original text; an edition containing, so far as known, only two treatises had previously been published at Lublin (1559-76). In 1707 some copies of the Talmud were confiscated in the province of Brandenburg, but were restored to their owners by command of Frederick, the first king of Prussia. The last attack on the Talmud took place in Poland in 1757, when Bishop Dembowski, at the instigation of the Frankists, convened a public disputation at Kamenetz-Podolsk, and ordered all copies of the work found in his bishopric to be confiscated and burned by the hangman. The external history of the Talmud includes also the literary attacks made upon it by Christian theologians after the Reformation, since these onslaughts on Judaism were directed primarily against that work, even though it was made a subject of study by the Christian theologians of the seventeenth and eighteenth centuries. In 1830, during a debate in the French Chamber of Peers regarding state recognition of the Jewish faith, Admiral Verhuell declared himself unable to forgive the Jews whom he had met during his travels throughout the world either for their refusal to recognize Jesus as the Messiah or for their possession of the Talmud. In the same year the Abbé Chiarini published at Paris a voluminous work entitled "Théorie du Judaïsme," in which he announced a translation of the Talmud, advocating for the first time a version which should make the work generally accessible, and thus serve for attacks on Judaism. In a like spirit modern anti-Semitic agitators have urged that a translation be made; and this demand has even been brought before legislative bodies, as in Vienna. The Talmud and the "Talmud Jew" thus became objects of anti-Semitic attacks, although, on the other hand, they were defended by many Christian students of the Talmud. Certain passages have been removed from the censored editions of the Talmud, especially those containing reference to Jesus, but also others of erotic nature. Since most popular editions are photocopies of each other, the censored version prevailed. The original version was preserved through underground printings of lists of errata, known as "Hashmatot Hashass" ("Omissions of the Talmud"). Modern editions of the Talmud usually contain the missing material, either at the back of the book or on the margin. Talmudists The most renowned Conservative Talmud scholars of the 20th century include Louis Ginzberg, Saul Lieberman, Judith Hauptman, David Weiss Halivni and Jacob Neusner. The most renowned Orthodox Talmud scholars of the 20th century include Rabbis Adin Steinsaltz, Moshe Feinstein (who read the entire Talmud hundreds of times and is said to have memorized it), Joseph Soloveitchik (the Rav), Yehiel Yaakov Weinberg, Ovadiah Yosef, Shlomo Zalman Auerbach, (first name?) Henkin, Yisrael Meir Kagan (the Chofetz Chaim, author of the Mishna Berura), Avraham Yesha'yahu Karelitz (the Chazon Ish), Eleazar Menachem Shach and Yechiel Michal Epstein (author of the Aroch HaShulchan). Tractates Tractates in order Zeraim: Berakhot Peah Demai Kilaim Sheviit Terumot Ma'asrot Ma'aser Sheini Hallah Orlah Bikkurim Tractates in order Moed Shabbat Eruvin Pesachim Shekalim Yoma Sukkah Beitzah Rosh Hashanah (Talmud) Taanit Megillah Moed Katan Hagigah Tractates in order Nashim Yevamot Ketubot Nedarim Nazir Sotah Gittin Kiddushin Tractates in order Nezikin Bava Kamma Bava Metzia Bava Batra Sanhedrin Makkot Shevuot Edutoyot Avodah Zarah Avot Horayot Tractates in order Kodashim Zevahim Menahot Hullin Bekhorot Arakhin Terumah Keritot Me'ilah Tamid Middot Kinnim Tractates in order Tohorot Keilim Oholot Negaim Parah Tohorot Mikvaot Niddah Makshirin Zavim Tevul Yom Yadaim Uktzin Translations Translations of Talmud Bavli The Essential Talmud Adin Steinsaltz Basic Books. An introduction to the Mishnah and Talmud, for the beginner. The Soncino Hebrew-English Talmud Isidore Epstein, Soncino Press. In this translation, each English page faces the Hebrew page. Notes on each page provide additional background material. Soncino Talmud The Schottenstein Edition of the Talmud, Mesorah Publications The Talmud from Mesorah publications The Talmud: The Steinsaltz Edition Adin Steinsaltz, Random House. Translations of Talmud Yerushalmi Talmud of the Land of Israel: A Preliminary Translation and Explanation Jacob Neusner, Univ. of Chicago Press. This translation uses a form-analytical presentation which makes the logical units of discourse easier to identify and follow. However, Neusner's translation methodology is idiosyncratic, and this work has received a great deal of criticism. http://www.wikipedia.org/wiki/Talmud Mishnah (Redirected from Mishna) The Mishnah (Hebrew, "Repetition") is part of the Jewish scriptures. It is a recording of the oral tradition of the Jews, as championed by the Pharisees, and was redacted by Rabbi Judah haNasi around the year 200 CE. As such, it is the first work of Rabbinic Judaism. The Rabbinic sages whose views are recorded therein are called Tannaim, the plural of Tanna. This is an Aramaic term for the Hebrew word shana, which also is the root-word of Mishnah. The Mishnah is noteworthy in Rabbinic literature for its depiction of a religious universe in which the Temple in Jerusalem, destroyed a century earlier, still retains a central place. Laws concerning the Temple service constitute one of the Mishnah's six divisions. Also noteworthy is the Mishnah's lack of citation of a scriptural basis for its laws. Connecting the Mishnaic law with the Torah law was a major enterprise of the later Midrash and Talmuds. The Hebrew verb shanah (שנה) literally means 'to repeat [what one was taught] and is used to mean 'to learn'. The term 'Mishna' basically means the entire body of Jewish religious law that was passed down and developed before 200 CE, when it was finally redacted by Rabbi Yehudah haNasi (Judah the Prince). He is usually simply referred to as 'Rabbi'. Rabinical Judaism has always held that the books of the Tanach (aka The Old Testament, the written law) have always been transmitted in parallel with an oral tradition. Jews point to the text of the Torah, where many words are left undefined, and many procedures mentioned without explanation or instructions; this they argue means that the reader is assumed to be familiar with the details from other, oral, sources. This parallel set of material was originally transmitted orally, and came to be known as the oral law. However, by the time Judah Ha-Nasi (200 CE) much of this material was edited together into the Mishnah. Over the next four centuries this law underwent discussion and debate in both of the world's major Jewish communities (in the land of Israel and Babylon), and the commentaries on the Mishnah from both of these communities eventually came to be edited together into compilations known as the Talmud. Halakha or Jewish law and custom thus is not based on a literal reading of the Torah or the rest of the Tanakh, but on the combined oral and written tradition, which includes the Tanakh, Talmud Bavli (the Babylonian Talmud) and Talmud Yerushalmi (the Talmud of Jerusalem--something of a misnomer, since it was edited north of Jerusalem--also known as the Talmud of the Land of Israel or the Palestinian Talmud.) Prior to the time of Rabbi, Jewish Law was transmitted orally; It was forbidden to write and publish the Oral Law, as any writing would be incomplete and subject to misinterpretation and abuse. However, after great debate, this restriction was lifted when it became apparent that it was the only way to ensure that the law could be preserved. To prevent the material from being lost, Rabbi took up the redaction of the Mishna. He did not do this at his own discretion, but rather examined the tradition all the way back to the Great Assembly. Some of tractates preceded him; These he merely supplemented. The Mishna consists of six orders (sedarim). This explains the traditional name for the Talmud as Shas, which is an abbreviation of shishah sedarim, "six orders". Each of the six orders contains between 7 and 12 tractates, called masekhot. Each masekhot is divided into smaller units called mishnayot. First Order: Zeraim ("Seeds"). 11 tractates. It deals with agricultural laws and prayers. Second Order: Mo'ed ("Festival Days"). 12 tractates. This pertains to the laws of the Sabbath and the Festivals. Third Order: Nashim ("Women"). 7 tractates. Concerns marriage and divorce. Fourth Order: Neziqin ("Damages"). 10 tractates. Deals with civil and criminal law. Fifth Order: Qodashim ("Holy things"). 11 tractates. This involves sacrificial rites, the Temple, and the dietary laws. Sixth order: Taharot ("Purity"). 12 tractates. This pertains to ritual and the laws of family purity. Most of the Mishnah is related stam, i.e. without any name attributed to it. This usually indicates that many sages taught so, and the halkahic ruling usually follows that view. Sometimes, however, it is the opinion of a single sage whom Rabbi Judah haNasi favoured and sought to establish the ruling accordingly. http://www.wikipedia.org/wiki/Mishna Halakha Halakha (halakhah, halacha, halachah הלכה) is a Hebrew word, commonly used to refer to the collective corpus of Jewish law, custom and tradition. It comes from the Hebrew root word for "going". A literal translation does not yield the word "law"; rather it translates as "the way to go." Halakha is based on the commandments in the Torah (five books of Moses) as viewed through the discussions and debates contained in the classical rabbinic literature, especially the Mishnah and the Talmud. Jews refer to the Torah as The Written Law, and the Mishnah and Talmud as the oral law. Halakha as a system of religion Unlike secular precedent based systems, halakha is a religious system, whose axiom is that Jewish law represents the will of God. Most Orthodox Jews, hold that halakha represents the actual will of God, either directly, or as closely to directly as possible. If the laws in Jewish law codes are not the word of God per se, they are nonetheless derived from the literal word of God in the Torah, using a set of rules also revealed by God to Moses on Mount Sinai, and have been derived with the utmost accuracy and care. In this world view, one's ancestors are closer to the divine revelation and the later Mishnaic and Talmudic rabbis; as such, the corollary is that one must be extremely conservative changing or adapting Jewish law. This view is found in all branches of Orthodox Judaism, and in the right-wing of Conservative Judaism. Other religious Jews equally hold that while God is real, for theological reasons they hold that the Torah is not the word of God in a literal sense. However, in this view the 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 law is still seen as binding. Jews who hold by this view generally try to use modern methods of historical study to learn how Jewish law has changed over time, and are more willing to change Jewish law in the present. This view is found within Conservative Judaism, and within the left wing of Orthodoxy. Eras of history important in Jewish law The Tannaim are the sages of the Mishna (70 CE-200 CE) The Amoraim are the sages of the Talmud (200 CE - 500 CE) The Savoraim are the classical Persian rabbis (500 CE - 600 CE) The Geonim are the rabbis of Sura and Pumbeditha, in Babylonia (650 CE - 1250 CE) The Rishonim are the rabbis of the early medieval period (1250 CE - 1550 CE) The Acharonim are the rabbis of 1550 to the present. Generally speaking, a rabbi in any one period of time does not overrule specific laws from earlier eras of Jewish history, unless one can find another rabbi from that era whose ruling can be used to support his view. The laws of the Torah According to the Talmud (Tractate Makot), there are 613 mitzvot (commandments) in the Torah; In Hebrew these are known as the Taryag mitzvot תרי"ג מצוות. There are 248 positive mitzvot and 365 negative mitzvot given in the Torah, supplemented by seven mitzvot legislated by the rabbis of antiquity. However, in practice there is no one definitive list that explicates the 613 laws: Centuries after the idea of 613 laws came into existence various rabbis compiled lists of the 613 laws, yet each list varied slightly. The differences come about because in some places the Torah lists related laws together, so it is difficult to know whether one is dealing with a single law, which lists several cases, or several separate laws. One list of the 613 mitzvot can be found here. The halakhic process The boundaries of Jewish law are determined through the halakhic process; the halakhic process is a religious-ethical system of legal precedents. In this system, one may re-interpret or change the law through a formal argument. These arguments are effectively, yet unofficially, peer-reviewed. When a rabbi proposes a new interpretation of a law, that interpretation is not normative for the Jewish community until it becomes accepted by other committed and observant members in the community. New legal precedents are based on the standard codes of Jewish law, and the responsa literature. The Hebrew term for the responsa is '"Sheelot U-Teshuvot"', literally "Questions and Answers". There is no formal peer-review process for the entire Jewish community in general, since the Jewish community has no one central body that speaks for all of Judaism. However, within certain Jewish communities formal organized bodies exist: Each sect of Orthodox Hasidic Judaism has their own rebbe, who is their ultimate decisor of Jewish law. Within Modern Orthodox Judaism, there is no one committee or leader, but Modern Orthodox rabbis generally agree with the views set by consensus by the leaders of the Rabbinical Council of America. Within Conservative Judaism, the Rabbinical Assembly has an official Committee on Jewish Law and Standards. The thirteen rules by which Jewish law was derived During the time of the Mishnah, the oral law was said to be derived from the written Torah by virtue of one or more of the following methods ("Introduction to Sifra" by Rabbi Yishma'el): A fortiori: We find a similar law in a more lenient case; how more so should that law apply to our stricter case! Gezera Shava, similarity in phrase: We find a similar law in a verse containing a similar phrase to one in our verse. This method can only be used by oral tradition. Binyan Av, either by one or two Scriptures: We find a similar law in another case, why shouldn't we assume that the same law applies here? Now the argument may go against this inference, finding some law which applies to that case but not to ours. This type of refutation is valid only if the inference was from one Scripture, not if it was from two Scriptures. Klal Ufrat, a generality and a particularity: If we find a phrase signifying a particularity following that of a generality, the particularity particularises the generality and we only take that particular case into account. Prat Ukhlal, a particularity and a generality: If the order is first the particularity and then the generality, we add from the generality upon the particularity, even to a broad extent. Klal Ufrat Ukhlal, a generality, a particularity and a generality: If there is a particularity inserted between two generalities, we only add cases similar to the particularity. A generality that requires a particularity, and a particularity that requires a generality: Every thing that was within the general rule and was excluded from the rule to teach us a rule, we don't consider this rule as pertaining only to this excluded case, but to the entire general case. Anything that was included in a general rule, and was excluded to be susceptible to one rule that is according to its subject, it is only excluded to be treated more leniently but not more strictly. Anything that was included in a general rule and was excluded to be susceptible to one rule that is not according to its subject, it is excluded to be treated both more leniently and more strictly. Anything that was included in a general rule and was excluded to be treated by a new rule, we cannot restore it to its general rule unless Scripture restores it explicitly. A matter that is inferred from its context, and a matter that is inferred from its ending. The resolution of two Scriptures that contradict each other [must wait] until a third Scripture arrives and resolves their apparent contradiction. Categories of law Judaism divides the laws into two basic categories: Laws in relation to God, and Laws about relations with other people. Violations of the latter are considered to be more severe, as one must obtain forgiveness both from the offended person and from God. Laws are also divided into positive and negative commands, which are treated differently in terms of Divine and human punishment. Positive commands add to your balance, violation of negative commands detracts from it. One thus wants to do as many positive commands as possible, and violate as few negative commands as possible, so as to improve one's standing with God. In earlier days, when Jews had a functioning court system, courts were empowered to administer physical punishments for various violations, upon conviction by far stricter standards of evidence than are acceptable in American courts: corporal punishment, incarceration, excommunication. Since the fall of the Temple, executions have been forbidden. Since the fall of the autonomous Jewish communities of Europe, the other punishments have also fallen by the wayside. Today, then, one's accounts are reckoned solely by God. In antiquity, there was a body called the Sanhedrin, a Supreme Court and legislature for Judaism, which had the power to create and administer binding law on all Jews. That court ceased to function in its full mode in 40 CE. Today, application of Jewish law is left to the local rabbi, and the local rabbinical courts, with only local applicability. Sins: Violations of Jewish law Judaism regards the violation of mitzvot (Hebrew language, "commandments") to be a sin. The term sin is theologically loaded, as it means different things to Jews and Christians. In Christianity a sin is a crime committed against God, from which one will suffer a tremendous divine punishment, unless one repents. Judaism has a wider definition of the term sin, and also uses it to include violations of Jewish law that are not necessarily a lapse in morality. Further, Judaism holds it as given that all people sin at various points in their lives, and hold that God always tempers justice with mercy. The generic Hebrew word for any kind of sin is aveira. Based on the Tanakh (Hebrew Bible) Judaism describes three levels of sin. Pesha - An intentional sin; an action committed in deliberate defiance of God; Ovon - This is a sin of lust or uncontrollable emotion. It is a sin done knowingly, but not done to defy God; Cheit - This is an unintentional sin. 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; only one or two truly grievous sins lead to anything approaching the Christian hot hell. How Halakha is viewed today Orthodox Judaism holds that the words of the Torah (Pentateuch) were indeed dictated by God to Moses in almost precisely the way that they exist in the Torah today. The laws contained in the Written Torah were given along with detailed explanations, how to apply and interpret them. Some of the details of this additional transmission have been lost over the millennia and reconstructed in accordance with internally consistent rules. The collective corpus of this non-biblical revelation is called the Oral Law. It is these interpretations that constitute the basis of religious laws that Jews know today. Conservative Judaism holds that the current text of the Torah is a composite that was redacted together from earlier sources. Conservative Jews hold that it is possible to believe that God is real and that prophets like Moses really were inspired by God. However, whatever records and traditions relating to such events were apparently transmitted in various forms for many centuries. This says nothing about whether the Torah is based on God or not, and so this idea not a theological threat. Therefore Conservative Judaism teaches that one should make use of literary and historical analysis to understand how these texts developed, and to help them understand how they may applied in our own day. Conservative Jews view the laws and customs from the various law codes as the basis for normative Jewish law. Solomon Schechter writes "however great the literary value of a code may be, it does not invest it with infallibility, nor does it exempt it from the student or the Rabbi who makes use of it from the duty of examining each paragraph on its own merits, and subjecting it to the same rules of interpretation that were always applied to Tradition". [Solomon Schechter]. Reform Judaism and Reconstructionist Judaism both hold that modern views of how the Torah and rabbinic law developed imply that the body of rabbinic Jewish law is no longer normative (seen as binding) on Jews today. Therefore Jews are not expected or taught to follow most of halakha. Those in the traditionalist wing of these movements hold that each Jew is obligated to interpret the Torah, Talmud and other Jewish works for themselves, and this interpretation will create separate commandments for each person. Those in the neo-traditional wing of Reform include Rabbis Eugene Borowitz and Gunther Plaut. Those in liberal and classical wing of Reform believe that in this day and era most Jewish religious rituals are no longer necessary, and many hold that following most Jewish laws are actually counter-productive. They propose that Judaism has entered a phase of ethical monotheism, and that the laws of Judaism are only remnants of an earlier stage of religious evolution, and should not be followed. This is considered heretical not only by Orthodoxy, but by Conservative Judaism, and perhaps by some in the traditional wing of Reform. See also The Talmud in modern-day Judaism. Gentiles and Jewish law All denominations of Jews hold that gentiles are not obligated to follow Halakha; only Jews are obligated do so. Judaism has always held that gentiles are obligated only to follow the seven Noahide Laws; these are laws that the oral law derives from the covenant God made with Noah after the flood, which apply to all descendants of Noah, i.e. all of mankind. The Noahide laws are derived in the Talmud (Tractate Sanhedrin 57a), and are listed here: Murder is forbidden. Theft is forbidden. Sexual immorality is forbidden. Eating the flesh of a living animal is forbidden. Belief in, and/or prayer to idols is forbidden. Blaspheming against God is forbidden. All gentile societies must establish a system of legal justice to administer these laws. Codes of Jewish law 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. The major codes are: The Mishnah, composed by Rabbi Judah the Prince, in 200 CE, as a basic outline of the state of the Oral Law in his time. This was the framework upon which the Talmud was based. The Hilchot of Raabbi Alfassi (1013-1103), summations of the legal material in the Talmud. The Mishnah Torah (also known as the Yad Ha-Hazaqah), by Maimonides (Rabbi Moshe ben Maimon, the Rambam). The 14 volumes in this work encompass the full range of Jewish law, as formulated for all ages and places. It completely reorganizes and reformulates the laws in a logical system. It opens with a section on systematic philosophical theology, derived largely from Aristotelian science and metaphysics, which it regards as the most important component of Jewish law. The Sefer Mitzvot Gadol (The Semag) of Rabbi Moses ben Jacob of Coucy (13th century, Coucy, France.) The Arba'ah Turim (The Tur, The Four Columns) by Rabbi Jacob ben Asher. (1270 to 1343, Toledo, Spain.) The Tur 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 Jewish codes of law since this time have followed the Tur's arrangement of material. Orah Hayyim - "The Path 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). Hoshen Mishpat - "The Breastplate of Judgment" The administration and adjudication of civil law. The Beit Yosef, and the Shulkhan Arukh of Rabbi Yosef Karo (1488 - 1575). The Beit Yosef is a huge commentary on the Tur in which Rabbi Karo clarifies the opinions of rabbinic authorities who lived after the time of Rabbi Yaakov. The Shulkhan Arukh is a more concise collection of the Beit Yosef. (Literally translated, Shulkhan Aurkh means "set table".) In writing the Shulkhan Arukh, Rabbi Yosef followed the chapter divisions of the Tur. Sephardic Jews use the Shulkhan Arukh as the basis for their daily practice. Rabbi Moshe Isserles (Cracow, Poland, 1525 to 1572) noted that the Shulkhan Arukh was based on the Sephardic tradition, and he created a series of glosses to be appended to the text of the Shulkhan Arukh for cases where Sephardi and Ashkenazi customs differed. 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; they are printed in a different script. The Shulchan Aruch HaRav of Rabbi Shneiur Zalman of Liadi (c. 1800) was an attempt to recodify the law as it stood at that time; unfortunately, most of the work was lost in a fire prior to publication. It is held in esteem by some Hasidim, and is quoted as authoratitive by many subsequent works. The Kitzur Shulkhan Arukh of Rabbi Shlomo Ganzfried (Hungary 1804 to 1886). This book 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 Shulkhan Arukh, and based on the very strict Hungarian customs of the 19th century. It is still popular among Orthodox Judaism, as a framework for study, if not always for practice. The Mishnah Berurah of Rabbi Yisroel Meir ha-Kohen, better known as the "Chofetz Chaim". (Poland, 1838 to 1933). The Mishnah Berurah has become the authoritative halakhic guide for much of Orthodox Ashkenazic Jewry in the postwar period, supplanting the more scholarly Aruch haShulchan of Rabbi Yechiel Michel Halevi Epstein. "A Guide To Jewish Religious Practice", by Rabbi Isaac Klein, with contributions from the 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 Jewish point of view. It is not accepted among Orthodox Jews. http://en.wikipedia.org/wiki/Halakha |
🌈Pride🌈 goeth before Destruction
When 🌈Pride🌈 cometh, then cometh Shame