The Evolution Of Jewish Law
Benjamin E. Hirsch
Written Law
Advantages of the written law
Consisent
Cant be changed
Believable
Nevi'im
Ketuvim
Torah
Oral Law
The oral books were created to ensure the survival of Judaism so it can’t be forgotten
When the Jews were living in Israel they lived by the oral law, living religious life
Was not written down but passed down from generation to generation
Given to Moses at Mount Sinai and revealed the whole Torah at the time
Oral Torah provides the commandments when written Torah goes silent on the issue
Some commandments would be incomprehensible without the oral Torah explaining them
Advantages of the Oral Law
Changeable
Easy to pass on
Accesible
Halacha
Another term for Jewish law is Halacha
The word Halacha comes from the Hebrew word “holech” meaning to walk
Helps us to understand and deal with modern issue
Helps us apply Judaism to our lives
Explains how the commandments are carried out
“remember the Sabbath day to make it holy”- Tanach
Mishna (6 books)
Covers the discussion and decisions and decisions of the scholars/rabbis from approximately 200 BCE to 200 CE (around 400 yrs)
Rabbi Yehuda Hanasi edited and wrote the Mishna
Each of the 6 sections deals with a different area of law
Gemara: discussion of the Torah and Mishna
Talmud (publication)
Bomberg: first complete edition of the Babylonian Talmud was printed in Venice by Daniel Bomberg 1520-23
Vilna: this edition has been used in the production of more recent editions of Talmud Bavli
Commentators
Intended as a contribution to the study and teaching of earlier texts.
Help us to understand the Torah and the Talmud
What is their role?
To inform everyone what is happening
They are the link in the chain
To analyse information
To give answers
Codes of Jewish Law
Huge number of volumes written on Jewish law
They are the laws that the Jews must abide by. Need to separate the arguments between two groups. Makes jewish law easier to understand
Codify- to separate the halachic decisions from the discussions and arguments of the rabbi
Pros of codification:
makes Jewish law accessible
Allows the Jews to easily to know what to do
Cons:
Makes Jewish law less flexible
Reduces creativity and diversity of opinion
With a definite answer, minimums discussion and shades of interpretation
Most famous codes of Jewish law are:
Mishneh Torah
Rambam
Shulchan aruch