Halakha
Halakha (/hɑːˈlɔːxə/ hah-LAW-khə;[1] Hebrew: הֲלָכָה, romanized: hălāḵā, Sephardic: [halaˈχa]), also transliterated as halacha, halakhah, and halocho (Ashkenazic: [haˈlɔχɔ]), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. Halakha is based on biblical commandments (mitzvot), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the Shulchan Aruch. Halakha is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the root which means "to behave" (also "to go" or "to walk"). Halakha not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life.[2]
Not to be confused with Halakha LeMoshe MiSinai.Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE.[3] In the Jewish diaspora, halakha served many Jewish communities as an enforceable avenue of law – both civil and religious, since no differentiation of them exists in classical Judaism. Since the Jewish Enlightenment (Haskalah) and Jewish emancipation, some have come to view the halakha as less binding in day-to-day life, because it relies on rabbinic interpretation, as opposed to the authoritative, canonical text which is recorded in the Hebrew Bible. Under contemporary Israeli law, certain areas of Israeli family and personal status law are under the authority of the rabbinic courts, so they are treated according to halakha. Some minor differences in halakha are found among Ashkenazi Jews, Mizrahi Jews, Sephardi Jews, Yemenite, Ethiopian and other Jewish communities which historically lived in isolation.[4]
According to the Talmud (Tractate Makot), 613 mitzvot are in the Torah, 248 positive ("thou shalt") mitzvot and 365 negative ("thou shalt not") mitzvot, supplemented by seven mitzvot legislated by the rabbis of antiquity.[11] Currently, many of the 613 commandments cannot be performed until the building of the Temple in Jerusalem and the universal resettlement of the Jewish people in the Land of Israel by the Messiah. According to one count, only 369 can be kept, meaning that 40% of mitzvot are not possible to perform.[12]
Rabbinic Judaism divides laws into categories:[13][14]
This division between revealed and rabbinic commandments may influence the importance of a rule, its enforcement and the nature of its ongoing interpretation.[13] Halakhic authorities may disagree on which laws fall into which categories or the circumstances (if any) under which prior rabbinic rulings can be re-examined by contemporary rabbis, but all Halakhic Jews hold that both categories exist and that the first category is immutable, with exceptions only for life-saving and similar emergency circumstances.
A second classical distinction is between the Written Law, laws written in the Hebrew Bible, and the Oral Law, laws which are believed to have been transmitted orally prior to their later compilation in texts such as the Mishnah, Talmud, and rabbinic codes.
Commandments are divided into positive and negative commands, which are treated differently in terms of divine and human punishment. Positive commandments require an action to be performed and are considered to bring the performer closer to God. Negative commandments (traditionally 365 in number) forbid a specific action, and violations create a distance from God.
A further division is made between chukim ("decrees" – laws without obvious explanation, such as shatnez, the law prohibiting wearing clothing made of mixtures of linen and wool), mishpatim ("judgements" – laws with obvious social implications) and eduyot ("testimonies" or "commemorations", such as the Shabbat and holidays). Through the ages, various rabbinical authorities have classified some of the 613 commandments in many ways.
A different approach divides the laws into a different set of categories:
The most important codifications of Jewish law include the following; for complementary discussion, see also History of responsa in Judaism.