Usenet 1994 October/usenetsourcesnewsgroupsinfomagicoctober1994disk1.iso/answers/judaism/FAQ/03-Torah-Halacha

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From: [e-mail] (Daniel P. Faigin)
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Subject: soc.culture.jewish FAQ: Torah and Halachic Authority (3/10)
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               Frequently Asked Questions on Soc.Culture.Jewish
                    Part 3: Torah and Halachic Authority
         [Last Change: $Date: 1994/08/03 18:07:06 $ $Revision: 1.12 $]
                    [Last Post: Fri Sep  2 11:07:07 1994]


This posting is an attempt to answer questions that are continually asked on
soc.culture.jewish.  It was written by cooperating laypeople from the various
Judaic movements.  You SHOULD NOT make any assumption as to accuracy and/or
authoritativeness of the answers provided herein.  In all cases, it is always
best to consult a competent authority -- your local rabbi is a good place to
start.

The deceased sages described within are of blessed memory, (assume a Z"L or
ZT"L after their names) and the sages alive today should live to see long and
good days (assume SHLITA).  May Hashem grant complete recovery to the ill.
Individual honorifics are omitted.

The FAQ was produced by a committee and is a cooperative work.  The
contributors never standardized on a {Hebrew,Aramaic,Yiddish,Ladino}-->English
transliteration scheme.  As a result, the same original word might appear with
a variety of spellings.  This is complicated by the fact that there are
regional variations in the pronunciation of Hebrew.  In some places, the
common spelling variations are mentioned; in others --- not.  We hope that
this is not too confusing.

This list should be used in conjunction with the Soc.Culture.Jewish reading
lists that are posted separately.  Similar questions can be found in the books
referenced in those lists.

Reproduction of this posting for commercial use is subject to restriction. See
Part 1 for more details.

------------------------------------------------------------
Subject: Organization

This portion of the FAQ contains answers to the following questions:

Section 3. Torah
  3.1. What are the books of the Jewish Bible?
  3.2. Why, in the Tanakh, does G-d have so many Names?
  3.3. What is the Talmud?
  3.4. Who wrote the Torah?
Section 4. Halachic Authority
  4.1. What is "Halacha"?  How is it determined?
  4.2. In Orthodox Judaism, what are the levels of halacha?
  4.3. In Orthodox Judaism, what are the different rabbinic eras?
  4.4. How can differing halachic rulings all be considered valid?
  4.5. How does the Conservative movement deal with Halachic questions?
  4.6. How do Ortho/Ortho disagreements differ from Ortho/Reform?
  4.7. Who is RAMBAM that is mentioned & what are his 13 principles
  4.8. Who was Rashi?
  4.9. Who was the Ramban?
  4.10. What is Kabbalah and how can I learn about it?
  4.11. Who is allowed to study Kabbalah?

All portions of the FAQ are organized as digests, and should be
undigestifyable by software such as Gnus or rn.  Please report any
difficulties.

------------------------------------------------------------
Subject: Archival and Credits

Anonymous FTP:

  All portions of the FAQ and of the reading lists are archived on
  israel.nysernet.org [192.77.173.2] and on rtfm.mit.edu, and are available
  for anonymous FTP. The locations of parts of the FAQ on israel.nysernet.org
  are as follows:

  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/01-FAQ-intro
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/02-Who-We-Are
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/03-Torah-Halacha
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/04-Observance
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/05-Worship
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/06-Jewish-Thought
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/07-Jews-As-Nation
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/08-Israel
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/09-Antisemitism
  ftp://israel.nysernet.org/israel/lists/scj-faq/FAQ/10-Miscellaneous

  The locations of the parts of the reading lists on israel.nysernet.org are
  as follows:

  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/general
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/traditional
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/chasidism
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/reform
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/conservative
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/reconstructionist
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/humanistic
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/zionism
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/antisemitism
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/intermarriage
  ftp://israel.nysernet.org/israel/lists/scj-faq/reading-lists/periodicals

  If you are accessing the archives on rtfm.mit.edu, the pathname is
  pub/usenet/news.answers/judaism, instead of israel/lists/scj-faq.

Mail:
  The files may also be obtained via Email by sending a message to
  [e-mail] with the following line in the body of the message:

        send usenet/news.answers/judaism/(portionname)

  Where (portionname) is replaced by the appropriate subdirectory and
  filenames; for example, to get the first part of the reading list, one would
  say:

        send usenet/news.answers/judaism/reading-lists/general

WWW/Mosaic:
  The FAQ and reading lists are available by following the following pointer:

  http://www.cis.ohio-state.edu/hypertext/faq/bngusenet/soc/culture/jewish/top.htm

Comments and corrections are welcome.  Note that the goal is to present a
balanced view of Judaism; where a response is applicable to a particular
movement only, this will be noted.  Unless otherwise noted or implied by the
text, all responses reflect the traditional viewpoint.

------------------------------------------------------------
Subject: 3.1. What are the books of the Jewish Bible?

First, it should be noted that "Bible" is more commonly used by non-Jews, as
are the terms "old testament" and "new testament", although "scripture" is a
synonym used by both Jews and non-Jews.  The appropriate term to use is
Tanakh.  This word is derived from the Hebrew letters of the three parts that
make it up:

Torah: Books of Genesis (B'reishis), Exodus (Sh'mos), Leviticus (Vayikra),
                Numbers(Bamidbar), and Deuteronomy (D'varim).

N'viim (Prophets): Books of Joshua, Judges, I Samuel, II Samuel, I
        Kings, II Kings, Isaiah, Jeremiah, Ezekiel, Hosea, Joel,
        Amos, Obadiah, Jonah, Micah, Nahum, Habukkuk, Zephaniah,
        Haggai, Zechariah, and Malachi.  (The last twelve are
        sometimes grouped together as "Trei Asar." ["Twelve"])

K'Tuvim (Writings): Books of Psalms, Proverbs, Job, Song of Songs,
        Ruth, Lamentations, Ecclesiastes, Esther, Daniel (although
        not all that is included in the Xian Canon), Ezra and
        Nehemiah, I Chronicles, and II Chronicles.

It should be noted that the breaking of Samuel (Shmuel), Kings (Melachim), and
Chronicles (Divrei hayamim) into two parts is strictly an artifact of the
Christian printers who first issued the books.  They were too big to be issued
as single volumes.  Because every one followed these de facto standards, the
titles of Volume 1 and Volume 2 were attached to the names.  The division of
the Tanach into chapters was also done by medieval Christians, and only later
adopted by Jews.

------------------------------------------------------------
Subject: 3.2. Why, in the Tanakh, does G-d have so many Names?

Traditional Jews answer that each name represents a different aspect
of G-d, similar (l'havdil) to the way the U.S. President is known as
"President," "Commander-in-Chief," "Chief Executive," or "Mr. So-and-so"
depending upon the role he's playing at the moment.

("L'havdil" denotes that the writer acknowledges a distinction between the
sacred and the secular.)

------------------------------------------------------------
Subject: 3.3. What is the Talmud?

The Talmud is a compilation of the "torah she-ba`al peh" (Oral Law),
traditionally said to have been given by G-d to Moses on Mount Sinai while the
"torah she-biktav" (Written Law, the Five Books of Moses/Pentateuch) was being
written there.  Liberal (primarily Reform) Jews tend not to accept that the
oral law was given by G-d, and ascribe it to well-intentioned human
innovation.

The Talmud consists of two parts: the Mishnah (written mostly in Hebrew),
codified during the Great Assembly and compiled by Yehuda hanasi (Judah the
Prince) around the second century C.E., and the Gemara (written mostly in
Babylonian legal Aramaic) compiled in Israel (Talmud Yerushalmi) and
Babylon (Talmud Bavli) in the subsequent centuries.  Note that Talmud
Yerushalmi, name notwithstanding, was not written in Jerusalem, but by
scholars living in northern Israel, mainly in the city of Teveriah (Tiberias).

A citation "Check the gemara, _Yevamos_ 12b" means tractate _Yevamos_, folio
12, reverse side of the folio as per the organization of the Vilna edition of
the Babylonian Talmud.  Similarly, _Chullin_ 5a would be the obverse side of
the fifth folio of tractate _Chullin_.  "Daf Yomi" is a program in which the
participants study both sides of a folio of the Babylonian Talmud every day
of the year.  It takes about 7.5 years to complete the cycle.

------------------------------------------------------------
Subject 3.4. Who wrote the Torah?

Ah, yet another *easy* question. :-)

The traditional view is that G-d gave the Jewish people the entire Torah;
hence the Torah is the word of G-d.  As described above, the Torah consists
of a written and an oral portion (although much of the oral portion is now
written down).  Of the written portion:

 o The first five books (Pentateuch, Chumash) were dictated by G-d to Moses.

 o N'viim (the Prophetic writings) were transmitted by G-d to the prophets by
   various means (such as by a dream or vision) and transcribed by the prophet
   in his (or her) own style and wording.  G-d communicated with all prophets
   (except Moses) through dreams or visions.  These writings are considered a
   level "below" that of Moses.  Specific laws are not derived from the
   Prophets, except through examples of how a mitzvah was actually performed.
   There were many more prophets in the history of Israel than are recorded in
   the Neviim.  See Section 12.11 "Who were the prophets?"  (in Part 6 of the
   FAQ)

 o K'Tuvim (Sacred Writings) were the result of "Ruach HaKodesh" (roughly:
   "Divine Inspiration"), which is one level below "prophecy".  Visions from
   the writings are more mystical and may be complete allegory.  Unlike
   prophecy, they do not have to come true.

   The Rambam defines a number of different "levels" of prophecy (based on the
   method through which the prophet received the message and the clarity with
   which he /she received it) and points out that they do not have to function
   on the same level at all times.  For example, many people include Daniel
   among the prophets while his book is in K'Tuvim.  Other examples are King
   David and Tehillim or Jeremiah and Eichah (Lamentations).

The Oral Torah (the Talmud, halachic responsa, and oral/written Kabbalah)
includes the system of legal reasoning and interpretation ("Halacha" --
literally "the Path") by which Torah is applied in every generation. The Oral
Torah, along with the system of legal reasoning, was given by G-d at Mt.
Sinai and transmitted orally.  It gradually began to be written down in the
form of the Talmud during the time of Yehuda HaNasi (circa 200 CE). The
process continues today, as responsa are still being authored and qualify as
Oral Torah.

The Liberal movements hold less with the notion of the Torah being the actual
word of G-d, and more with the notion of the Torah being of divine
inspiration, written in the language and context of its time.

------------------------------------------------------------
Subject: 4.1. What is "Halacha?"  How is it determined?

Halacha means "Way" or "Path".  Halacha is the application of the Law (Torah)
to everyday living.

The traditional viewpoint is that Halacha should be decided by those who are
most knowledgable in all aspects of Jewish law.  Since the Halacha of each
generation is decided by its greatest Torah scholars, and the Torah doesn't
change, there is usually little change in the Halacha from one generation to
the next.  The development of Halacha is most evident when new situations
arise for which rulings must be made, such as the destruction of the Temple,
the development of electricity, and the increasing complexity of modern food
processing technology.

Since the non-traditional viewpoint is that the the Torah itself was written
by people, both the interpretation of the Law and its application are
re-evaluated in each generation, using the interpretations of the past to serve
primarily as non-binding guidance in how to continue this process.

Both viewpoints encourages all Jews to study halacha, and apply it to their
daily lives in order that they be brought closer to G-d.

------------------------------------------------------------
Subject: 4.2. In Orthodox Judaism, what are the levels of halacha?

ANSWER:

1. Minhag, custom.  Custom, although not really part of Halachah, can change.
   Minhag is any act that the masses, on their own, accept.  Any minhag that
   is against actual Halachah, is called a minhag ta'os, a mistaken minhag.
   Any that is based on a misunderstanding is a minhag shtus, a foolish
   custom.  These two should not be followed.  Any nearly universal minhag is
   called a Minhag Yisroel, and has most of the stringencies of law.
   (Yarmulka, and Ma'ariv services are two examples of a Minhag Yisroel.)

2. Din dirabanan.  A rabbinic law.  These are set up by the rabbinate, instead
   of the masses, in order to preserve the spirit of the law.  For example,
   Purim and Chanukah.  There are 7 new commandments that are entirely
   rabbinic, bringing the famous total of 613 mitzvot up to 620.

3. Gezeira dirabanan.  A rabbinic "fence".  These are enacted to prevent a
   common cause for breaking the act of the law.  For example, one may not
   place food directly on a fire before Shabbas in order to keep it heated
   during Shabbos.  This is a fence around the law against cooking on
   Shabbos.  To prevent the gezeira from being violated, a metal cover,
   called a blech in Yiddish, is placed on the stove top before Shabbos with
   the flame (turned to a low setting) under one section and the pot with
   food placed on the blech. This blech serves as a fence, allowing heating
   of the food without any danger of violating the law. Note that a "gezeira
   dirabanan" becomes binding only if it is accepted by the community.

4. P'sak.  A rabbinic ruling in determining the questionable area of some law
   or custom.  A p'sak can only be over ruled by another body which is both
   larger in number, and greater in "chochmah".  (The ability to know how to
   use the facts.  Not more knowledgeable book-wise, but more steeped in the
   Torah weltanschauung.)

The distinction between the second and third categories is subtle.  In order
to be a Din (or Issur, or Melachah) Dirabanan, the prohibited action must be
similar in purpose to the permitted one.  A gezeira does not even require an
action.  In the example I gave, it was inaction, leaving the pot where it is,
that is prohibited.  The category includes things that are similar in means to
the prohibited act, and will therefore cause confusion about what is and what
isn't okay; and things which will allow people to be caught up in habit, and
forget about the prohibition.  Only a gezeira may defy an actual Divine law
(although a p'sak will often define one), and even so only under specific
circumstances.  All of the following must be satisfied:

  - The law being protected is more stringent than the one being
    violated.  This determination isn't easy.
  - The law is being violated only through inaction.  No one is being
    told to actively violate G-d's commandment.
  - The law being violated will still be applicable in most situations.
    It still must exist in some form.

On the other hand, a gezeira is less powerful than a normal rabbinic law in
that they can not be compounded.  One may not make a "fence" for the express
purpose of protecting another "fence".  A law is considered accepted if it
becomes common practice.  Any din or gezeira which does not get accepted by
the masses in the short run, does not become binding in the long run.
Similarly, there are rules for p'sak, but they are violated if the masses
choose to follows some other rabbinic body's p'sak.  (For example, Beis
Shammai outnumbered Beis Hillel.  Since, however, Beis Hillel's style is more
geared toward the masses, we almost universally accept their rulings.) Notice,
however, that this is only in the short run.  Once a law is accepted, it may
only be overruled by p'sak.  It cannot just fade into non-practice.

------------------------------------------------------------
Subject: 4.3. In Orthodox Judaism, what are the different rabbinic eras?

The end of each era is marked by a book that gets accepted by the masses as
authoritative.  This seals the acts of that era as a whole as accepted,
authoritative p'sak.  Therefore, any ruling by those who live after this era
must be supported by an opinion of that era.

The first such book (and the first written book of the Oral law) is the
Mishna.  There are other compilations of the Tanaitic material, the Braisos,
and the Tosefta, but it is the Mishna that marks the end of the Tanaitic era.
It was the Mishna that was accepted by the people.

The second is the Babylonian Talmud.  The Jerusalem Talmud is less
authoritative because it was developed for a shorter time than the Babylonian
Talmud.  The Talmud marks the end of the Amoraic era.

There is a Ga'onic era in Jewish history, but not in Jewish law, since there
is no book that was accepted as the end of that era.  The next such book(s) is
the Shulchan Aruch (by R' Caro), the authoritative Sephardic resource, and the
Mappah (Ramah), which has the Ashkenazic rulings when different (Note that
both are in the same book; see the general reading list).  This delineated the
period of the Rishonim (The First Ones).  A Rishon may argue with another
Rishon, or with a Ga'on (since there is no Halachic concept of the Gaonic
era), but can only argue with an Amora if he has another Amora in his support.
He cannot use a Tana that was rejected by the Amora'im as support, since that
would be overruling a p'sak of someone greater in chochmah.

Anyone after the Shulchan Aruch is called an Acharon (The Last Ones).  An
Acharon can only disagree with a Rishon when he is taking the position of
another Rishon.  There are strict rules for change.

Liberal Jews tend to justify halachic change by ascribing greater authority to
present generations (or even to individuals) than to past generations of
sages.

------------------------------------------------------------
Subject: 4.4. How can differing halachic rulings all be considered valid?

ANSWER: When both parties agree upon the underlying requirements.  For
example, rabbis would agree that one may only eat a kosher animal which was
slaughtered properly.  But they might differ as to the particulars of what
constitutes proper kosher slaughtering.

------------------------------------------------------------
Subject: 4.5. How does the Conservative movement deal with Halachic questions?

The organization of Conservative rabbis is the Rabbinical Assembly (RA), an
organization affiliated with the United Synagogue of Conservative Judaism
(USCJ).  The Rabbinical Assembly has appointed the Committee on Jewish Law and
Standards, which considers questions dealing with Jewish Law (Halacha.)
Responsa issued by the Committee may be adopted by congregational rabbis, each
acting as mara d'atra (Aramaic idiom for local rabbinic authority) for that
congregation, provided at least 6 members of the Committee concurred with that
opinion.  This allows several minority opinions to be adopted.

------------------------------------------------------------
Subject: 4.6. How do Ortho/Ortho disagreements differ from Ortho/Reform?

QUESTION: What is the difference between two Orthodox rabbis who disagree and
an Orthodox and a Reform who disagree?

ANSWER: How could two people have two different, logically developed opinions
on *any* issue? The question is that:

- Most decisions are not simply bilateral yes/no decisions
- Valid interpretations according to traditional hermeneutics which differ
  in particulars of a particular place/time can survive concurrently (cf.
  any modern legal system)

The Orthodox rabbis would both say that their halachic rulings are in line
with the tradition of Torah learning, all the way from Sinai, and that their
difference is in details.  The Reform rabbi, however, might derive a ruling
from other sources of morality, such as secular ethical notions of equality.

Reform Rabbi Walter Jacob writes, in _Contemporary American Reform Responsa_
that "Our path in America is clear and our halakhic stance is akin to the
pluralism of the past from the days of Hillel and Shammai in the first century
through the entire rabbinic period to our own time."  Orthodox rabbis would
counter that Hillel and Shammai differed on the particulars of halacha, but
not the first principles, while Orthodox and Reform differ significantly on
major principles, such as Torah being from G-d, and the authority of
individuals to decide halacha for themselves.

------------------------------------------------------------
Subject: 4.7. Who is RAMBAM that is mentioned & what are his 13 principles

Moses Maimonides (1135 - 1204 C.E.), "Rabbi Moshe ben Maimon (R'MbM)" was
among the greatest of Jewish sages and leaders, about whom a few lines of
biography cannot begin to do justice.  His 13 principles, as expressed in the
Artscroll Siddur (pages 178-180) follow:

1. G-d's Existence                      8. The entire Torah is G-d-given
2. G-d is a complete and total unity    9. The Torah is unchangeable
3. G-d is not physical                 10. G-d knows man's thoughts and deeds
4. G-d is eternal and the First Source 11. Reward and punishment
5. Prayers should be directed to G-d   12. The Messiah will come
6. G-d communicates with man           13. The dead will live again
7. Moses' prophecy is unique

It would take volumes to explain what these mean, but a good "catechism" of
Jewish beliefs is the _Handbook of Jewish Thought_ by R' Aryeh Kaplan.

------------------------------------------------------------
Subject: 4.8. Who was Rashi?

Rabbi Shlomo Ben Yitzchak, 1040-1105.  Usually called Rabbi Shlomo Yitzchaki
author of a massive commentary on almost all of Tanach and most of the Talmud.
His fame rests not only on the content of his explanations but on their style
which remains clear and concise throughout.  His commentary has become the
most comprehensive and popular in existence and provided the basis for most
subsequent studies of the Tanach, Talmud, and Jewish Law.

His commentary on Chumash, first printed in 1465, was the first dated Hebrew
book, and appears in a special script now know as "Rashi script".  His
commentaries are considered the standard work without which it is impossible
to understand the Talmud.

------------------------------------------------------------
Subject: 4.9. Who was the Ramban?

Rabbi Moshe Ben Nachmon, Nachmanides, 1194-1270.  He wrote a commentary on
Torah and halachah, and more than 50 other lucid and logical works.  He
participated in a disputation (theological argument with the Catholic Church)
in Barcelona in 1263; although he won, he was forced to flee Spain, and as a
result all future disputations forbade the Jewish participants to answer
frankly.  At age 72 he settled in Jerusalem, reorganized the Jewish community,
and moved to Acco to become head its Jewish community.

------------------------------------------------------------
Subject: 4.10. What is Kabbalah and how can I learn about it?

It's important to differentiate between the popular notion of Kabbalah and the
concept within traditional Judaism.  In the popular culture, Kabbalah is
perceived as a form of magic or the occult, studied for selfish personal gain.
This misinformed idea resulted from those who adapted Jewish ideas out of the
context of Jewish belief and practice, warping it away from its foundations to
their own purposes.  These include medieval Christian mystics, neo-pagan
groups, and contemporary "new age" movements.

Within Judaism, though, Kabbalah is the part of Torah that addresses the
process of creation ("Ma'aseh B'raisheet") and the relationship that G-d
maintains with creation ("Ma'aseh Merkavah").  As such it is the Torah's inner
aspect.  Some traditions say that some of the key texts go as far back as the
Patriarch Abraham.

Parts of Kabbalah, such as the Zohar and Rabbi Moshe Cordovero's "Pardes
Rimonim," are accessible but difficult to understand without a firm grounding
in the more basic Jewish sources and an informed teacher.  Other parts remain
hidden and unavailable to the public.  Parts have been committed to print but
others remain as closely held, orally transmitted tradition.

The most accessible, traditionally accurate books for English language study
of the topic are Rabbi Aryeh Kaplan's "Innerspace, Introduction to Kabbalah,
Meditation and Prophecy" (Moznaim Publishing, Brooklyn NY), "Meditation and
Kabbalah," "Kabbalah and the Bible" (Samuel Weiser and Sons, New York), and
"Jewish Meditation" (Schocken, New York).  Lubavitcher Chassidim recommend
directed study of the _Tanya_.  (Kehot Publications, New York)

Additional information may be found in the Chasidism Reading List, available
as usenet/news.answers/judaism/reading-lists/chasidism from rtfm.mit.edu.

------------------------------------------------------------
Subject: 4.11. Who is allowed to study Kabbalah?

The Kabbalah deals with sensitive topics and the knowledge it offers has been
warped, even within the Jewish community.  This resulted in severe disruption
of the Eastern European Jewish community (ref: the false messiah Shabbtai Tzvi
and the Frankists).  As a result the non-Chassidic sages there placed a ban on
the study of three basic texts until the age of 30, until the age of 40 for
general study, and in all cases until one has studied the more basic Jewish
sources (Tanakh, Talmud, Halacha) in depth.  However, in Sephardic and
Chassidic communities, some basic texts are studied even by young folks.

------------------------------------------------------------
--
Please mail additions or corrections to me at [e-mail].


End of SCJ FAQ Part 3 (Torah and Halachic Authority) Digest
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