Divinity Atlas

Sacred Correspondences
Beliefs & Restrictions

Halakha is binding and authoritative

Core Tenets

Citation Formats

General Reference

APA Style

BibTeX

Halakha, the way, is the body of Jewish law governing prayer, diet, Sabbath, festivals, purity, marriage, business and much else, derived from the written Torah through the oral tradition recorded in Mishnah and Talmud and elaborated in codes such as Maimonides's Mishneh Torah and the Shulchan Aruch of 1565, and in a continuing literature of rabbinic responsa. Orthodox and Haredi Judaism hold it binding in its entirety and as divinely grounded, so that development happens by interpretation within the system rather than by legislating outside it. Conservative Judaism holds it binding but historically conditioned and revisable by its rabbinic assembly; Reform Judaism treats ethical law as binding and ritual law as a matter of informed personal choice. The disputes over women's ordination, patrilineal descent and same-sex marriage all turn on this question rather than on theology proper.

Facts
Status
Status Within the Tradition
Binding, without a formal definition 2Tradition: Orthodox Judaism
Held
Status Within the Tradition
Affirmed, but left to individual conscience 3Tradition: Reform Judaism
Sourced to the subject's own accountObservance is a matter of informed individual choice
Status Within the Tradition
Rejected, or not held, within this tradition 3Tradition: Reform Judaism
Sourced to the subject's own accountNot held in the Orthodox sense
Belief
Subject
Religious authority and succession 1
Learn More
How the Law Is Made

Halakha comes from a root meaning to walk, and the tradition counts 613 commandments in the Torah, of which a large number concern the Temple and are not currently practicable. Everything else is derived, and the machinery of derivation is what the tradition mostly consists of.

The Mishnah, compiled around 200, records rabbinic legal opinion in six orders covering agriculture, festivals, women and marriage, damages and civil law, holy things and purity. The Gemara, the record of subsequent debate in the academies of Babylonia and the land of Israel, was combined with it to form the two Talmuds, of which the Babylonian became authoritative. Talmudic argument is characteristically unresolved: it preserves minority opinions, records objections without always answering them, and reasons at length about cases that could not arise.

Because a body of argument is not a usable code, later authorities produced codes. Maimonides's Mishneh Torah in the twelfth century arranged the whole law topically and without citing sources, which was controversial precisely because it obscured the reasoning. Joseph Karo's Shulchan Aruch of 1565, with the glosses of Moses Isserles recording Ashkenazi practice where it differed from Karo's Sephardi rulings, became the standard reference and remains so.

Alongside the codes runs the literature of responsa, answers by individual authorities to specific questions put to them, which is where the law meets circumstances the codes did not anticipate: electricity on the Sabbath, autopsy, artificial insemination, the status of a soldier missing in action.

There is no central authority and no supreme court. A halakhic position acquires standing through the reputation of its author and its acceptance by communities, which makes Jewish law more like a common-law tradition of accumulated precedent than a legislated system.

Binding on Whom, and Comparisons

What separates the modern movements is not whether halakha is valuable but whether it obligates.

Orthodoxy holds it binding in full and divinely grounded. Conservative Judaism holds it binding and revisable, and its Committee on Jewish Law and Standards has issued rulings permitting driving to synagogue on the Sabbath where distance would otherwise prevent attendance, ordaining women from 1985, and admitting openly gay candidates to ordination from 2006. Notably it sometimes issues more than one valid ruling on a question, which is itself a statement about how the system works. Reform treats ethical law as binding and ritual observance as a matter of informed choice.

The practical consequences are severe where personal status is concerned. Conversion, divorce and descent are governed by halakha, and Orthodox authorities do not accept non-Orthodox conversions or divorces, so a person may be considered Jewish by one movement and not another, with real effects on marriage and, in Israel, on law. Reform's recognition of patrilineal descent in 1983 sharpened this considerably, since the rabbinic rule reckons Jewish status through the mother.

Two comparisons illuminate what kind of thing halakha is. Islamic sharia is the closest analogue in any tradition: a comprehensive law derived from scripture and prophetic practice through jurisprudence, covering worship, diet, family and commerce, with schools of interpretation and no single authority in the Sunni case, and the parallel extends to the historical fact of Jewish and Muslim jurists working in the same intellectual world. Christianity, by contrast, decided very early, in the dispute recorded in Acts and in Paul's letters, that gentile believers were not bound by the Mosaic law, and Christian tradition therefore developed canon law as church regulation rather than as revealed legislation binding the whole of life.

Cross-Tradition Connections

Affirmation Of

Halakha, Doctrines

Reconciliation: affirmed Belief -> contested Doctrine concept (Halakha (binding-authoritative)).

Belongs to Tradition

Source Encyclopedia of ReligionMircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.)
Source Encyclopedia of ReligionMircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.)
Sources
1. Encyclopaedia Judaica, 2nd edition
Michael Berenbaum and Fred Skolnik (eds.), Macmillan Reference USA, 2007s.v. HalakhahView the Source
2. Mishneh Torah
Moses MaimonidesView the Source
3. A Statement of Principles for Reform Judaism
Central Conference of American Rabbis, Central Conference of American Rabbis, 1999the holders' own accountView the Source
Encyclopedia of Religion
Mircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.), Macmillan Reference, 2005View the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0 open reader challenges)
No disputes yet. Spotted an error or a better source? Open the first one.

View At A Past Year

The atlas records no dated fact of its own for this entry, so there is no other year to choose.