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Classic Judaism or classical Judaism represents a theology comprising a unique set of discernible styles, modes, forms, and content prevalent from the year 70 until the 19th century, styles rooted in classical Jewish thought as found in

halakhic tradition found themselves part of a common community. Following the Enlightenment, classic Judaism, especially in Ashkenaz (the Germanic countries of north-central Europe), fragmented into a plethora of denominations. Classic Judaism therefore denotes the halakhic (Jewish legal) forms, modes and substance that preexisted the modern denominational labels; that is to say, before the "movements" entered the scene.[1] These classic halakhic
patterns of approach are being claimed by many contemporary Jews.

Substance: Styles, Modes, Form and Content

View of Halakha (Jewish Jurisprudence)

Classic theology is intertwined with a commitment to

As the existing

halakhic application to be observed and tracked by subsequent adjudicators (pos'kim).[9]

A specific

t'shuva by any given rabbinic authority depends upon the acceptance of the law-abiding Jewish community, for halakha answers the question, "What does God require of the Jewish people?"[10] That is, halakha attaches itself to every Jew by virtue of one's membership in the Jewish community.[11] Moreover, classic halakha regards “one who is commanded and does” to be superior to “one who does” without being commanded (B. Talmud, Kiddushin 31a; Baba Kama 38a, 83a). That is to say, society needs to be able to depend upon the proper actions of others, not leaving morality to individual whim or rationalization. In the classic Jewish society, halakha becomes the means to strive toward and perpetuate a more moral and holy society, and in the process, presumably bringing redemption to all.[12]

The judicial chain of interpretation rests upon what facts of a present case the rabbinic adjudicator will determine to be similar to some precedent.[13] Of import is what the current rabbi, viewing the law as a consistent whole, judges as the decisive characteristics, not what some earlier rabbi may be presumed to have intended.[14] Traditionally, “the rabbinic judge is regarded as a partner with the divine in the creation of the world, kol daiyan she-dan din emet…shutaf l’hakadosh barukh hu b’ma-asei b’reishit” (B. Talmud, Shabbat 10a; and see, Joshua Falk, D’risha, Hoshen Mishpat 1:2). Given the wide latitude in the selection and application of sources, classic halakha thus contains an inner dynamic enabling it to stay relevant for some 1700 years.[15] This frequently means that the language of the law remains constant while the meaning of the words gradually evolves through interpretation.[16] Yet, even while the adjudicator can uncover what he sees as the applicable links, he and the community can at the same time rest assured conceptually that he is upholding the continuity of the sacred law, a law that is consistent, dependable, and fair.[17]

The section below elucidates additional dynamic tools within the inner mechanism of the law, the application of which in each case also follows the precedents of the past.

Additional Halakhic Components

Sifrei, D’varim 49). For most classic Jewish thinkers, identifying the meaning behind our customs and laws enhances observance,[18]
and several
halakhic
system:

At the same time, classic

Babylonian Talmud, and there are numerous exceptions.[31]

Minhag (Jewish Custom) It has been said, "Custom is to society what law is to the state."[32] In classic Jewish thought, both custom and law were regarded to be of one mutual piece.[33] In rare cases of dissonance, some rabbis believed that minhag m’vateil halakha—that is, that the hold of custom (minhag) on the people can be greater than the hold of the law (halakha). “Go out and see what the people do,” they would say, or “ha-eidna, nowadays, the expectations are otherwise.” Others of course, in fact most others, held the contrary, that customary behavior is subordinate to the law.[34]

halakhic purposes.[35]

Takkana/G'zeira (communal enactments/prohibitions) In classic Judaism, rabbis or communities frequently enacted corrective ordinances that were deemed to further the purpose of halakha, either to protect the people from an unfair application of the law, or to protect the law from violation by the people.[36]

Ma-aseh (the conduct of a rabbinic sage may yield legal norms) The master knew Torah, imbibed Torah and was Torah. In classic halakha, as long as no objections were raised, a sage's actions or a happening in his presence could yield an example to be followed (J. Talmud, Peah 2:6 [17a]).[37]

Sevara (legal norms derived from reason by a rabbinic sage) In classic Judaism, as long as no objections were raised, the master thoroughly immersed in Torah logic could on occasion, through the application of his own reason, intuit valid legal norms.[38]

Mumhim (outside experts) In certain instances, outside experts may bring testimony to clarify factual matters surrounding a case; the rabbinic adjudicator (

halakhic applicability.[39]

halakhic process includes some broad principles often classified as “equity.” Some examples are as follows:[40]

Exemplar

Providing we are aware that classic Judaism is the product of thousands of personalities, with as many variations in thinking, spanning some 1700 years, one

rabbinic texts. Remembering his teachings, a number of his followers settled in the Land of Israel, where still today their descendants use minhag haGra, innovations he introduced into the siddur according to his own understanding of prayer.[46] He believed "The perfection of character is the essence of religion, and the Torah is the only medium through which this purpose can be achieved.[47]

Periodization

Ah'ronim (1563-1800).[51]

The consensus of historians sees the period of classic Judaism as ending with the coming of the nineteenth century.

Hatam Sofer (1762–1839) said in 1830 that “hadash asur min ha-torah, anything new is forbidden by Torah,” Orthodoxy was born.[59] Like other anti-modern movements, the negative reaction was new, a response both to the forces of the time and to the reformers.[60]

Classic Judaism had never been monolithic. The texts had been interpreted in varied ways. In the Middle Ages, for instance, Judaism knew homiletic interpretation (

Sefardic (countries of the Mediterranean basin) and other communities. Nonetheless, what in all cases had bound them together as classic Jews was their devotion to halakha.[62]

The world of classic Judaism was now upended. Never before was there a movement in Judaism that said

, and multiple other forms of Judaism rapidly proliferated.

The Modern Period: Reaffirmation

Classic Judaism is not a contemporary phenomenon lying somewhere on the scale between

Orthodox Jews, claim that those Orthodox who admit no development in halakha have already changed,[69] leading many in the Conservative camp to assert that only the Conservative approach authentically recaptures the modes and forms of pre-denominational classic halakha (however the substance might evolve). "To effect this plan," writes Seymour Siegel, "is not to break with traditional Judaism, but to return to it."[70] Yet, subsequent deliberate movement in the Conservative camp toward “tradition and change,”[71] with an emphasis on "change," has led many, even within the Conservative movement, both on the left and the right, to question Conservative Judaism's commitment to classic halakha.[72] Classic Judaism did evolve, not by purposely setting out to change, but by consciously working the system from within. As the noted philosopher of halakha, Eliezer Berkovits, puts it, "The task is not to change, but to apply Halakha to situations to which it has never been applied before."[73] Still, it has to be pointed out that both Orthodox and Conservative Judaism
have infinite variations, among them in each case, a version that, from a perspective inherent to each one's respective approaches, remains steadfast to classic pre-denominational Judaism.

Modern Exemplars

Because certain center

Samson Rafael Hirsch (1808–1888),[74] David Hoffmann (1843–1921),[75] and Abraham Isaac Kook (1865–1935),[76] from the Orthodox side, and Louis Ginzberg (1873–1953),[77] Saul Lieberman (1898–1983),[78] and Louis Finkelstein (1895–1991),[79] from the Conservative side, each working from a position intrinsic to his own respective movement, demonstrate what it means to re-embody an evolutionary halakha as per classic pre-denominational Judaism. When, for instance, Lieberman was described as "one of the leaders of the Conservative movement," he wrote an indignant reply, "I teach Torah to the Jewish people and I don't understand much about politics"[80]

That portion of

Sefardi chief rabbi of Tel Aviv, wrote, “Whoever thinks that the halakha is frozen..., errs greatly. On the contrary, there is no flexibility like that of the halakha.”[81]

Modern Substance: Renewing the Classic Styles, Modes, Form and Content

"In classical Judaism, who is the Jewish [person]?"

Halakhah is far more fundamental in Judaism than haggadah, for ideas are volatile, but practices endure. If Jewish practice goes, virtually nothing remains."[83] Going back to the glue that held disparate approaches together, classic Judaism was always more praxis than doxology.[84] For the contemporary scene, classic halakha
entails the following:

Process entails purpose; for always, for one who sees oneself as a classic Jew, religious goals remain intertwined with

normative mode of practical discourse in Judaism."[112]

Moving forward, the classic Jew expects, according to Alfred Jospe and

Neusner himself writes, "To be a classical Jew is to live a way of life, a life so whole, integrated, complete, that no aspect may be singled out and called ‘ritual,’ ‘ethics,’ ‘theology,’ ‘culture,’ or ‘religion.’”[116]

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BERKOVITS, ELIEZER, Not in Heaven (New York: Ktav, 1983).

BLAU, JOSEPH L.
, Modern Varieties of Judaism (New York: Columbia, 1966).

BLEICH, J. DAVID, "Halakhah As an Absolute," Judaism, 29.1 (Winter, 1980).

BOKSER, BEN ZION
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BROWN, JONATHAN M., Modern Challenges to the Halakhah (Chicago: Whitehall, 1969).

BURAK, MOSES J., The Hatam Sofer (Toronto: Beth Jacob Synagogue, 1967).

CHIEL, SAMUEL, “Conservative Judaism” in Currents and Trends in Contemporary Jewish Thought, ed. Benjamin Efron (New York: Ktav, 1965).

COLLINGWOOD, R. G., The Idea of History (New York: Oxford, 1956).

FITZGERALD, P. J., ed., Salmond on Jurisprudence (London: Sweet and Maxwell, 1966).

FREEMAN, TZVI, Absolute Time in Classic Jewish Thought.

FRIMER, NORMAN E., "Laws as Living Discipline: The Sabbath as a Paradigm," in Tradition and Contemporary Experience, ed. Jospe (New York: Schocken, 1970).

GERSTENFELD, MANFRED, Judaism, Environmentalism and the Environment (Jerusalem Institute for Israel Studies and Rubin Mass, 1998).

GINZBERG, LOUIS, "The Gaon, Rabbi Elijah of Vilna," in Understanding Rabbinic Judaism, ed. Jacob Neusner (New York: Ktav, 1974).

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GORDIS, ROBERT, "Authority in Jewish Law," in Conservative Judaism and Jewish Law, ed. Siegel (New York: Rabbinical Assembly, 1977).

HALEVI, HAYIM DAVID, Asei L'kha Rav (Tel Aviv: 1986).

HERZOG, ISAAC, "Moral Rights and Duties in Jewish Law," Juridical Review, 41 (1921).

HESCHEL, ABRAHAM JOSHUA, "Toward an Understanding of Halachah," in Conservative Judaism and Jewish Law, ed. Siegel (New York: Rabbinical Assembly, 1977).

HIRSCH, SAMSON RAFAEL, Nineteen Letters of Ben Uziel (Jerusalem: Feldheim, 1995).

HOLTZ, BARRY W., Back To The Sources: Reading the Classic Jewish Texts (New York: Touchstone, 1984).

JACOBS, LOUIS, A Tree of Life (London: Littman, 2000).

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JOSPE, ALFRED, Tradition & Contemporary Experience (New York: Schocken, 1970).

KAHAN, ARCADIUS, "The Transition Period," in Economic History of the Jews, ed. Nahum Gross (New York: Schocken, 1975).

KATZ, JACOB, "Orthodoxy in Historical Perspective," in Studies in Contemporary Jewry, ed. Peter Medding, vol. II (New York: Oxford, 1986).

_____, "Toward a Biography of the Hatam Sofer," in From East and West: Jews in a Changing Europe, ed. Francis Malino and David Sorkin (London: Blackwell, 1990).

KIRSCHENBAUM, AARON, Equity in Jewish Law: Halakhic Perspectives (New York: Yeshiva Univ Press, 1991).

_____, Equity in Jewish Law: Beyond Equity (New York: Yeshiva Univ Press, 1991).

_____, “Subjectivity in Rabbinic Decision-Making” in Rabbinic Authority and Personal Autonomy, ed. Moshe Z. Sokol (New Jersey: Jason Aronson, 1992).

KOPPEL, MOSHE, Meta-Halakhah (New Jersey: Aronson, 1997).

KURZWEIL, ZVI, The Modern Impulse of Traditional Judaism (Hoboken, NJ: Ktav, 1985).

LEWISOHN, LUDWIG, What Is This Jewish Heritage (New York: Schocken, 1967).

LEWITTES, MENDELL, Principles and Development of Jewish Law (New York: Bloch, 1987).

NEUSNER, JACOB, The Way of Torah: An Introduction to Judaism (Belmont, California: Dickenson, 1970).

_____, The Mind of Classical Judaism: From Philosophy to Religion (Rowman & Littlefield, May 1997).

_____, Understanding Jewish Theology: Classical Issues and Modern Perspectives (New York: Ktav, 1973).

NOVAK, DAVID, Halakhah in a Theological Dimension (Chico, California: Scholars Press, 1985).

_____, “Conservative Judaism” in The Seminary at 100, ed. Nina Beth Cardin and David Wolff Silverman (Aviv, 1987).

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, Hik’kei Lev (Salonika: 1840).

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ROTH, JOEL, The Halakhic Process (New York: JTS, 1986).

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, “Creativity and Innovation in Halakhah” in Rabbinic Authority and Personal Autonomy, ed. Moshe Z. Sokol (New Jersey: Jason Aronson, 1992).

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SCHNALL, DAVID J., By the Sweat of Your Brow: Reflections on Work and the Workplace in Classic Jewish Thought (NY: Yeshiva U, 2001).

SHAHAK, ISRAEL, Jewish History, Jewish Religion: The Weight of Three Thousand Years (London: Pluto, 1994).

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Footnotes

  1. Nahum Glatzer, David Schnall, Manfred Gerstenfeld, Louis Ginzberg
    , Zvi Kurzweil and Alfred Jospe.
  2. Joseph Soloveitchik, The Halakhic Mind (New York: Seth, 1986), p. 101. The rabbi who receives, interprets and promulgates halakha has a role to play as a "partner" in what Emanuel Rackman
    calls the “continuous flowering of the Law” (Modern Halakhah for our Time [Hoboken: Ktav, 1995], pp. 32, 73).
  3. Ben Zion Bokser
    , "Morality and the Law," in Jewish Law in our Time, ed. Ruth Link-Sallinger (New York: Bloch, 1982), pp. 77-98.
  4. ^ Ernst Simon, "Law and Observance in Jewish Experience," in Tradition and Contemporary Experience, ed. Alfred Jospe (New York: Schocken, 1970), p. 223.
  5. Neusner
    , The Way, p. 35. A good analogy is found in American law where a constitutional question is not decided based on the constitution alone but also on the accumulated precedents that constitute a linked chain going back to the constitution.
  6. ^ David Novak, Halakhah in a Theological Dimension (Chico, California: Scholars Press, 1985), p. 6.
  7. ^ "To affirm a changeable source of authority is to commit the moral outrage of making those who change the law the final authorities. To do this is to affirm the principle of tyranny, Novak, Halakhah, p. 7.
  8. Jonathan Sacks
    , “Creativity and Innovation in Halakhah” in Moshe Z. Sokol, ed., Rabbinic Authority and Personal Autonomy (New Jersey: Jason Aronson, 1992), p. 142.
  9. ^ Aaron Kirschenbaum, Equity in Jewish Law: Beyond Equity (New York: Yeshiva Univ Press, 1991), pp. xxxviiif.
  10. ^ Moshe Koppel, Meta-Halakhah (New Jersey: Aronson, 1997), pp. 88-90.
  11. ^ Herzog, p. 61; Berkovits, p. 47.
  12. second coming
    .
  13. Immanuel Jakobovits
    , "Jewish Law Faces Modern Problems," in Studies in Torah Judaism, ed. Leon D. Stitskin (New York: YU & Ktav, 1969), p. 335.
  14. ^ Ain lo la-daiyan ella ma she-einav ro-ot, a rabbinic judge must rule on the basis of what his eyes see” (B. Talmud, Bava Batra 130b, Sanhedrin 6b, Nida 20b). See Berkovits, pp. 53-57.
  15. ^ Kirschenbaum calls this “the central role of the rabbis in mediating between formalism and flexibility” (“Subjectivity in Rabbinic Decision-Making” in Moshe Z. Sokol, ed., Rabbinic Authority and Personal Autonomy [New Jersey: Jason Aronson, 1992], p. 61).
  16. Sacks, pp. 141-142. Louis Jacobs
    in his A Tree of Life (London: Littman, 2000) tracks wide-ranging legal innovation in classic Judaism.
  17. Sacks
    , p. 142.
  18. ^ A whole classic genre of taamei hamitzvot (meaning behind the commandments) exists.
  19. ^ Neusner, The Way, pp. 8-12.
  20. ^ David Novak, Halakhah, p. 117.
  21. Neusner
    , The Way, pp. 36, 39.
  22. ^ Cecil Roth, "A Millennium in Europe," in Great Ages and Ideas of the Jewish People, ed. Leo W. Schwarz (New York: Random House, 1956), p. 276.
  23. Neusner
    , The Way, p. 79).
  24. Joseph B. Soloveitchik
    writes, "Holiness means the holiness of earthly, here-and-now life" (Halakhic Man (Philadelphia: JPS, 1983), p. 33).
  25. Soloveitchik
    writes, "The Halakhah declares that any religion that confines itself to some remote corner of society, to an elite sect or faction, will give rise to destructive consequences that far outweigh any putative gains" (Halakhic Man, p. 43).
  26. ^ Neusner, The Way, pp. 7-8, 13-15, 20-21, 27-34, 43.
  27. ^ Alfred Jospe, Tradition & Contemporary Experience (New York: Schocken, 1970), pp. 138-139.
  28. ^ Neusner, The Way, pp. 72.
  29. ^ ”The emphasis was always on an individual’s duties rather than on the rights of other persons against him” (Rackman, p. 22, italics added).
  30. Neusner
    , The Way, pp. 7, 24. See also, Jospe, Tradition, p. 138; Roy Tanenbaum, Rinat Dodim (Toronto: Lort, 2000), p. 94.
  31. Rabbi Y’huda’s
    maidservant who, sensing what others did not, threw a pitcher from the roof, startling his well-wishers from their prayers and allowing her master’s suffering to end (B. Talmud, K’tubot 104a) as a material precedent in his decision to allow the poor woman’s relatives to stop praying for her health and to pray instead for a surcease from suffering (Hik’kei Lev, I, no. 50).
  32. ^ P. J. Fitzgerald, ed., Salmond on Jurisprudence, 12th ed. (London: Sweet and Maxwell, 1966), p. 191.
  33. ^ Aaron Kirschenbaum, Equity in Jewish Law: Halakhic Perspectives (New York: Yeshiva Univ Press, 1991), p. 36.
  34. ^ Joel Roth, The Halakhic Process (New York: JTS, 1986), p. 229.
  35. aggadic midrash
    . See, Kirschenbaum, Halakhic Perspectives, pp. 36-37.
  36. ^ Kirschenbaum, Halakhic Perspectives, pp. 34-35; Berkovitz, p. 45.
  37. ^ Kirschenbaum, Halakhic Perspectives, p. 10.
  38. Neusner, The Way, p. 36; Rackman, pp. 157-163; Berkovits
    , pp. 3-8.
  39. ^ Joel Roth, p. 232.
  40. ^ For the classic work on this subject see the above noted two volumes by Aaron Kirschenbaum, Equity in Jewish Law: Halakhic Perspectives, and volume two, Equity in Jewish Law: Beyond Equity.
  41. ^ Berkovits, p. 108.
  42. ^ Joel Roth, pp. 26-27.
  43. Hebrew. (See Louis Ginzberg, "The Gaon, Rabbi Elijah of Vilna," in Understanding Rabbinic Judaism, ed. Jacob Neusner
    [New York: Ktav, 1974], pp. 123, 125-126.)
  44. Ginzburg
    , pp. 126, 124-125, 120.)
  45. ^ So Barukh of Shklov quotes his master in the introduction to his translation of Euclid.
  46. ^ Mendell Lewittes, Principles and Development of Jewish Law (New York: Bloch, 1987), pp. 171-173.
  47. ^ When, for example, the Board of Jewish Charities in Vilna decreed that no one should be able to solicit contributions, all of which should instead go through the central body, the Gaon nullified the decision saying that the needy must be spared the humiliation of appearing before the officers of the community. Ginzberg, p. 126.
  48. ^ "History proceeds by the interpretation of evidence" and interpretation depends upon the particular historian's own time and biases (a subjective rather than objective reality), whether or not he has "reflected on [the experience of historical thinking]." R. G. Collingwood, The Idea of History" (New York: Oxford, 1956), pp. 8-10, 173-175.
  49. Neusner
    talks about "the Pharisaic rabbis, who created classical Judaism" (The Way, p. 88). See, too, David J. Schnall, By the Sweat of Your Brow: Reflections on Work and the Workplace in Classic Jewish Thought (NY: Michael Scharf Publication Trust—Yeshiva University, 2001). For another example, see "Chapter Five: Additional environmental motifs in classical Jewish literature, I. Classical Judaism’s views on God, man and the environment," in Manfred Gerstenfeld, Judaism, Environmentalism and the Environment (Jerusalem Institute for Israel Studies and Rubin Mass, 1998).
  50. ^ Ellis Rivkin, A Hidden Revolution (Nashville: Abingdon, 1978), p. 309.
  51. ^ See Jacobs, A Tree, pp. 258-262.
  52. ^ Both the Shahak citation and the rant in note 1 above include contemporary Orthodoxy as part of classic Judaism, but, even as the term classic in Classic Coke, Classic Frito-Lay potato chips, and Classic Pantene shampoo distinguishes the original product in question from newer varieties, so too most scholars expound classic Judaism to apply to pre-enlightenment halakhic forms as distinguished from later denominational varieties. For instance, Ginzberg speaks of the Vilna Gaon (1720-1797) as the last great theologian of "classical Rabbanism" (pp. 126, 128). See also, Kurzweil, p. xi.
  53. ^ Arcadius Kahan, "The Transition Period," in Economic History of the Jews, ed. Nahum Gross (New York: Schocken, 1975) p. 80.
  54. Peter N. Stearns
    , "European History and Culture," The New Encyclopædia Britannica (Chicago: Enclyclopædia Britannica, 1994), vol 18, pp. 685:1a-686:2b.
  55. Neusner, The Way, p. 55. For Judaism, a second challenge was continuity, how, as a minority, to maintain the distinct tradition in the face of a welcoming and acculturating general society. See, Kahan
    , p. 82.
  56. Jewish influence, Toynbee
    has been praised as a stimulating historical theorist with an eye for the vast continuity of history and its patterns.
  57. Neusner
    , The Way, p. 66).
  58. Stearns
    , p. 689:1a.
  59. , "Toward a Biography of the Hatam Sofer," in From East and West: Jews in a Changing Europe, ed. Francis Malino and David Sorkin (London: Blackwell, 1990, pp. 223-266. See also, Moses J. Burak, The Hatam Sofer [Toronto: Beth Jacob Synagogue, 1967]).
  60. Neusner remarks, “Orthodoxy is a creation of the Reformation [of Reform Judaism
    ], for only in response to the reformers did traditionalists self-consciously formulate what they regarded as orthodox about Judaism. ...In a more congenial situation, it might have found the grounds for affirming natural change as within the spirit of the Torah” (The Way, pp. 67-68).
  61. ^ "Being the culture of our community rather than the creed of a church, Judaism never found it necessary to make uniformity of belief its central cohesion" (Morris Adler, May I Have a Word With You? [New York: 1967], p. 85). The Talmud is characterized by multiple disagreements on every page.
  62. Hasidic movements particularly in the prayer book (siddur), because they otherwise followed halakha
    , they are generally included within.
  63. Neusner
    , The Way, pp. 70-71).
  64. Soloveitchik
    , Halakhic Man, p. 99.
  65. ^ http://www.lookstein.org/links/orthodoxy.htm
  66. ^ Eliezer Berkovits, Orthodox scholar, decries the fragmentation within the Jewish community and calls for overcoming the psychological impediments of denominationalism (pp. 106-108).
  67. ^ Ludwig Lewisohn, What Is This Jewish Heritage (New York: Schocken, 1967), pp. 37, 42.
  68. ^ J. David Bleich, who represents this approach, writes, "Let it be stated unequivocally: Jewish law does not change" ("Halakhah As an Absolute," Judaism, 29.1 (Winter, 1980), pp. 31-32.
  69. ^ Michael K. Silber calls it the invention of tradition, p. 23.
  70. ^ Seymour Siegel, Conservative Judaism and Jewish Law (New York: Rabbinical Assembly, 1977), p. xiv (italics added). See also, Samuel Chiel, “Conservative Judaism” in Benjamin Efron, ed., Currents and Trends in Contemporary Jewish Thought (New York: Ktav, 1965), p. 47, and Jacobs, A Tree, p. xxiv.
  71. ^ See, Mordecai Waxman, ed., Tradition and Change (New York: Burning Bush, 1958).
  72. non-halakhic
    .
  73. Eliezer Berkovitz
    , (p. 94).
  74. Hirsch with the "rehabilitation" of classic Judaism. (Emancipation as used in this context refers to the time when, as a consequence to the Industrial Revolution and Enlightenment
    , Jews are accepted into civil society and granted the vote.)
  75. ^ As the leading rabbinic adjudicator (poseik) of German Orthodoxy in the first two decades of the twentieth century, Hoffmann faced the challenges of modern technology, a secular environment, the interface with Christianity that came with emancipation and the rise of Reform Judaism. In so doing, he consistently invoked five basic principles: precedent, “a time of emergency,” trying not to make things worse, avoiding financial hardship, and a concern for the sanctification of the Holy Name (Jonathan M. Brown, Modern Challenges to the Halakhah [Chicago: Whitehall, 1969], pp. xiii-xiv).
  76. Ethiopian Jews as Jewish, and he recognized the Arabs as “resident gentiles” entitled by halakha
    to own land and buildings (Moshe Zemer, Evolving Halakhah [Woodstock, Vermont: Jewish Lights, 1998], pp. 48, 109, 160, 190, 199, 289).
  77. halakhic changes of the past were of an "unconscious nature" and those who deliberately break with the halakha of the past "are undermining the very existence of Judaism" (Tradition Renewed, ed. Jack Wertheimer, p. 454, n. 70). Instead, Ginzberg argued for a historical Judaism that recognizes the immutability of Torah but that does not confound immutability with immobility, seeing “great vitality and value in the later courses of the stream” (see, Waxman, pp. 132-133). When he was thanked for his assistance in creating The Sabbath and Festival Prayer Book edited by Morris Silverman, he replied, "I wish my counsel would have been more effective. Then the prayer book would have had less omissions and commissions of which I cannot approve" (David Golinkin
    , Responsa of Professor Louis Ginzberg, p. 69).
  78. aguna
    , the chained wife divorced according to civil law but not Jewish law. See Wertheimer, pp.450-452, and n36.
  79. Nahum Glatzer
    , The Dynamics of Emancipation [Boston: Beacon, 1965], p. 103).
  80. ^ Wertheimer, p. 452, n58.
  81. Jose Faur
    .
  82. Neusner
    , The Way, pp. 7, 14-15.
  83. ^ Robert Gordis, "Authority in Jewish Law," in Conservative Judaism and Jewish Law, ed. Seymour Siegel (New York: Rabbinical Assembly, 1977), p. 51. See also, Norman E. Frimer, "Laws as Living Discipline: The Sabbath as a Paradigm," in Tradition & Contemporary Experience, ed. Alfred Jospe (New York: Schocken, 1970) p. 257.
  84. Joseph L. Blau
    , Modern Varieties of Judaism [New York: Columbia, 1966], p. 76.
  85. ^ Koppel, pp. 5-6; Jacobs, Tree, p. xiv.
  86. Neusner
    , The Way, p. 25.
  87. ^ Koppel, p. 90.
  88. Jakobovits
    , p. 335.
  89. ^ Novak, Halakhah, pp. 6-7.
  90. Sacks
    , p. 168.
  91. Halakhah
    within the framework of its own methodology and the vast sea that are its sources.”
  92. ^ Jospe, p. 222.
  93. ^ David Novak, "Conservative Judaism," in The Seminary at 100, ed. Nina Beth Cardin and David Wolf Silverman (Aviv, 1987), p. 322.
  94. ^ Novak, Halakhah, p. 117.
  95. Soloveitchik
    , Halakhic Man, p. 110.
  96. Neusner
    , The Way, pp. 79-82.
  97. Soloveitchik
    , Halakhic Man, p. 45.
  98. ^ Numerous illuminations and paintings show Jews from every age and place wearing the contemporary garb. See also, Zvi Kurzweil, p. xii
  99. ^ For the connection between halakha and ethics, see Berkovits, pp. 19-45.
  100. Neusner
    , The Way, pp. 7, 20, 25, 27, 30, 32.
  101. Soloveitchik
    , Halakhic Man, p. 101).
  102. Soloveitchik
    , Halakhic Man, p. 43.
  103. Neusner
    , The Way, pp. 19, 73).
  104. people of Israel
    are part of the process (Yad, Hilkhot M'lakhim 11:3-4; cf. B. Talmud, Sanhedrin 98a).
  105. ^ Louis Jacobs, A Jewish Theology (New York: Behrman House, 1973), pp. 260, 268.
  106. ^ Jospe, Tradition, pp. 138-139.
  107. Soloveitchik
    , Halakhic Man, pp. 117-118). See, too, Lewisohn, p. 40.
  108. Halachah
    itself is, therefore, a coincidence of...charisma and institution, mood and medium, image and reality, the thought of eternity and the life of temporality" (Studies in Jewish Law [New York: Ktav, 1982], p. 146).
  109. ^ Abraham Joshua Heschel, "Toward an Understanding of Halachah," in Conservative Judaism and Jewish Law, ed. Siegel (New York: Rabbinical Assembly, 1977), p. 140.
  110. ^ Novak, Halakhah, p. 10.
  111. ^ "The law is active religiousness, and in active religion must lie what is specifically Jewish" (Siegel, ed., Conservative Judaism and Jewish Law (New York: Rabbinical Assembly, 1977), p. xvii.
  112. Neusner
    , Understanding Jewish Theology: Classical Issues and Modern Perspectives [New York: Ktav, 1973], pp. 7-8.
  113. Soloveitchik
    , speaking about what he calls Halakhic Man, p. 137.
  114. Neusner
    , The Way, p. 58.
  115. Neusner
    , The Way, p. 42.
  116. Neusner
    , The Way, p. 89.

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