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n ideal realm to people s lived experiences 35 moshe shmuel glasner the chief rabbi of cluj klausenberg in german or קלויזנבורג in yiddish stated that the oral torah was an oral tradition by design to allow for the creative application of halakha to each time period and even enabling halakha to evolve he 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 36 conservative judaism edit further information conservative halakha a mixed gender egalitarian conservative service at robinson s arch western wall the view held by conservative judaism is that the torah is not the word of god in a literal sense however the torah is still held as mankind s record of its understanding of god s revelation and thus still has divine authority therefore halakha is still seen as binding conservative jews use modern methods of historical study to learn how jewish law has changed over time and are in some cases willing to change jewish law in the present 37 a key practical difference between conservative and orthodox approaches is that conservative judaism holds that its rabbinical body s powers are not limited to reconsidering later precedents based on earlier sources but the committee on jewish 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 including counting women in a minyan 38 permitting women to chant from the torah 39 and ordaining women as rabbis 40 the conservative approach to halakhic interpretation can be seen in the cjls s acceptance of rabbi elie kaplan spitz s responsum decreeing the biblical category of mamzer as inoperative 41 the cjls adopted the responsum s view that the morality which we learn through the larger unfolding narrative of our tradition informs the application of mosaic law 41 the responsum cited several examples of how the rabbinic sages declined to enforce punishments explicitly mandated by torah law the examples include the trial of the accused adulteress sotah the law of breaking the neck of the heifer and the application of the death penalty for the rebellious child 42 kaplan spitz argues that the punishment of the mamzer has been effectively inoperative for nearly two thousand years due to deliberate rabbinic inaction further he suggested that the rabbis have long regarded the punishment declared by the torah as immoral and came to the conclusion that no court should agree to hear testimony on mamzerut codes of jewish law edit page of shulchan aruch even ha ezer section laws of ketubot shulchan aruch harav the most important codifications of jewish law include the following for complementary discussion see also history of responsa in judaism the mishnah composed by judah hanasi 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 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 geonim of the halakhic material in the talmud an early work she iltot questions by ahai of shabha c 752 discusses over 190 mitzvot exploring and addressing various questions on these the she iltot was influential on both of the following subsequent works the first legal codex proper halachot pesukot decided laws by yehudai ben nahman c 760 rearranges the talmud passages in a structure manageable to the layman it was written in vernacular aramaic and subsequently translated into hebrew as hilkhot riu halakhot gedolot great law book by simeon kayyara published two generations later but possibly written c 743 ce contains extensive additional material mainly from responsa and monographs of the geonim and is presented in a form that is closer to the original talmud language and structure probably since it was distributed also amongst the newly established ashkenazi communities the hilchot harif was written by the rabbi isaac alfasi 1013 1103 it has summations of the legal material found in the talmud alfasi transcribed the talmud s halakhic conclusions verbatim without the surrounding deliberation he also excluded all aggadic non legal and homiletic matter the hilchot soon superseded the geonic codes as it contained all the decisions and the 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 by 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 is very influential to this day and several later works reproduce passages verbatim it also includes a section on 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 it is the main source of practical halakha for many yemenite jews mainly baladi and 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 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 in light of the commentaries of rashi and the tosafot and the other codes existent at the time sefer mitzvot katan semak by isaac ben joseph of corbeil is an abridgement of the semag including additional practical halakha as well as aggadic and ethical material the mordechai by mordecai ben hillel d nuremberg 1298 serves both as a source of analysis as well as of decided law mordechai considered about 350 halakhic authorities and was widely influential particularly amongst the ashkenazi and italian communities although organised around the hilchot of the rif rabbi isaac alfasi it is in fact an independent work it has been printed with every edition of the talmud since 1482 an illuminated manuscript of arba ah turim from 1435 the arba ah turim lit the four columns the tur by rabbi jacob ben asher 1270 1343 toledo spain this work traces the halakha from the torah text and the 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 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 instructions and 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 judgement the administration and adjudication of civil law agur c 1490 by rabbi jacob ben judah landau comprises principally an abridged presentation of the first and second parts of the tur emphasizing practice it also excerpts other works and includes kabbalistic elements the agur was the first sefer to contain a haskama rabbinical approbation it was influential on subsequent codes the beit yosef and the 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 32 authorities beginning with the talmud and ending with the works of rabbi israel isserlein the shulchan aruch literally set table is in turn a condensation of the beit yosef stating each ruling simply 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 alfasi rif he considered the mordechai in inconclusive cases sephardic jews generally refer to the shulchan aruch as the basis for their daily practice the works of rabbi moshe isserles rema kraków poland 1525 to 1572 isserles 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 and ashkenazi customs differed based on the works of yaakov moelin israel isserlein and israel bruna the glosses are called ha mapah the tablecloth 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 karo on the one hand and on the other karo s shulchan aruch together with the mappah of isserles which is too brief that particularly stresses the customs and practices of the jews of eastern europe the levush was exceptional among the codes in that it treated certain halakhot from a kabbalistic standpoint the shulchan aruch harav of rabbi shneur zalman of liadi c 1800 was an attempt to re codify the law as it stood at that time incorporating commentaries on the 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 law unfortunately most of the work was lost in a fire prior to publication it is the basis of practice for chabad lubavitch and 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 mishnah berurah 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 hashulchan by 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 chayim and parts of yoreh de ah by the sephardi sage yaakov chaim sofer baghdad and jerusalem 1870 1939 is similar in scope authority and approach to the mishnah berurah this work also surveys the views of many kabbalistic sages particularly isaac luria when these impact the halakha yalkut yosef by rabbi yitzhak yosef is a voluminous widely cited and contemporary work of halakha based on the rulings of rabbi ovadia yosef 1920 2013 piskei t shuvot by rabbi ben zion simcha isaac rabinowitz is a commentary on orach chayim and the mishna berura drawing on contemporary acharonim generally oriented towards the decrees of the hassidic poskim it includes practical solutions and instructions for modern halakhic issues p sakim u t shuvot by rabbi aharon aryeh katz rabinowitz s son in law is a similar work on yoreh de ah layman oriented works of halakha thesouro dos dinim treasury of religious rules by menasseh ben israel 1604 1657 is a reconstituted version of the shulkhan arukh written in portuguese with the explicit purpose of helping conversos from iberia reintegrate into halakhic judaism 43 the kitzur shulchan aruch of rabbi shlomo ganzfried hungary 1804 1886 a digest covering applicable halakha from all four sections of shulchan aruch and reflecting the very strict hungarian customs of the 19th century it became immensely popular after its publication due to its simplicity and is still popular in orthodox judaism as a framework for study if not always for practice this work is not considered binding in the same way as the mishneh torah or shulchan aruch chayei adam and chochmat adam by avraham danzig poland 1748 1820 are similar ashkenazi works the first covers orach chaim the second in large yoreh de ah as well as laws from even ha ezer and choshen mishpat pertinent to everyday life the ben ish chai by yosef chaim baghdad 1832 1909 is a collection of the laws on everyday life parallel in scope to the kitzur shulchan aruch interspersed with mystical insights and customs addressed to the masses and arranged by the weekly torah portion its wide circulation and coverage has seen it become a standard reference work in sephardi halakha contemporary series peninei halakha by rabbi eliezer melamed fifteen volumes thus far covering a wide range of subjects from shabb...
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