Judaism

Judaism, the oldest Abrahamic faith, is built on an intricate legal foundation tracing back to Noah’s laws and Moses’ Ten Commandments. Spanning millennia, Jewish law evolved from oral traditions to structured texts like the Talmud and Shulchan Aruch, guiding generations through complex beliefs, commandments, and ethical practices. This comprehensive text goes all in with some of the essential concepts in Judaism.

The Foundations of Jewish Law

Judaism, the oldest of the Abrahamic religions, is based on a legal system that traces its roots back to before Moses. This early framework began with the Seven Laws attributed to Noah, which form the moral foundation of Jewish law. Around the 13th century BC, the Israelites left Egypt and journeyed toward Canaan. Three months after the Exodus, Moses ascended Mount Sinai and received two stone tablets with the Ten Commandments, which form the foundation of the
Law of Moses. All subsequent Jewish laws are rooted in these commandments.

Development of the Law

Jewish law consists of 613 commandments, which form the core of the Torah’s legal system. These laws were further developed through rabbinic interpretation and rulings, culminating in the 37-volume Talmud, completed by the late 5th century AD. The legal code known as the Shulchan Aruch was later compiled in the 16th century in four volumes to stabilize and standardize Jewish legal practice.

Jewish law can be examined in three distinct periods:

1. The Holy Book Period (13th–4th centuries BC)

This period, which spans roughly from the 13th to the 4th century BC, marks the formation of the Hebrew Bible. The primary focus of the Bible’s discussion on law is found in the Pentateuch, or Torah, believed to have been revealed by God to Moses.

In this text, whenever the term “Bible” is mentioned, it specifically refers to the Hebrew Bible. This text is known as the “Covenant” by Jewish tradition and the “Old Testament” by Christian tradition.

2. The Talmudic Period (1st–5th centuries AD)

After the destruction of the Jerusalem Temple by the Romans in 70 AD, Jewish scholars who were dispersed across different regions began to compile what became known as the “Oral Law”. This effort produced the Mishnah. Later generations of Jewish scholars expanded on the Mishnah, creating a comprehensive body of work known as the Talmud, which was completed by the late 5th century AD.

Throughout this text, we refer to this era as the “Talmudic Period”.

3. The Post-Talmudic Period (5th century AD and beyond)

In this era, Jewish scholars wrote extensive commentaries and legal texts, which systematized and clarified Jewish laws. Some of these collections include:

1. Rashi and Tosafot: In the 11th century, Rabbi Shlomo ben Yitzhak, commonly known as Rashi, wrote essential commentaries on the Torah and Talmud that became widely respected and foundational. Later, Jewish scholars expanded and refined his work, creating an additional collection known as Tosafot (i.e. Additions).
2. Mishneh Torah: In the 12th century, Moses Maimonides authored a comprehensive interpretation of the Talmud, which he called Mishneh Torah (i.e. Repetition of the Religious Law). This highly significant work systematically organized all the commandments of the Torah and Talmud in a clear, logical structure.
3. Arba’ah Turim, also known as the Tur: In the 14th century, Jacob ben Asher compiled Arba’ah Turim (i.e. Four Rows), a structured guide covering Jewish law, religious practices, and ethics.
4. Shulchan Aruch: In the 16th century, Rabbi Yosef Karo published the Shulchan Aruch (i.e. The Set Table), an updated, organized compilation of Jewish principles, laws, and customs. Continuously refined over time, it remains the official reference for Jewish legal practice to this day, sometimes dubbed in English as the Code of Jewish Law.

These works were published in the post-Talmudic era.

The First Divine Command

According to the verses of the Torah, the first command given by God to Adam was to “Be fruitful and multiply, fill the earth and subdue it” (Genesis). Torah commentators interpret this as a Divine directive for the union of man and woman in marriage and the act of procreation.

In Jewish belief, any person who adheres to the Seven Noahide Laws, also known as the Seven Laws of Noah (derived from the interpretation of Genesis, Chapter 9, verses 1 to 17), is deemed righteous. These laws include:

1. Prohibition against idolatry,
2. Prohibition against blasphemy,
3. Prohibition against murder,
4. Prohibition against adultery,
5. Prohibition against theft,
6. Prohibition against consuming the flesh of a living animal, and
7. Establishment of just courts.

The Ten Commandments

Following the Exodus from Egypt, God delivered the Ten Commandments to the Israelites on Mount Sinai. These commandments are as follows:

1. “I am the Lord, your God, who brought you out of the land of Egypt, out of the house of bondage.”
2. “You shall have no other gods before Me.”
3. “Do not take the name of the Lord, your God, in vain.”
4. “Remember the Sabbath, to keep it holy… On the seventh day, which is the Sabbath of the Lord, your God, you shall do no work.”
5. “Honor your father and your mother.”
6. “Do not kill.”
7. “Do not commit adultery.”
8. “Do not steal.”
9. “Do not bear false witness against others.”
10. “Do not covet other people’s house… or anything that belongs to others.”

Jewish Religious Law (Halacha)

In Hebrew literature, religious law is known as Halacha (path or way) or Mitzvah (commandment). Following the revelation of the Torah, the collection of Jewish laws, known as the 613 Mitzvot, took form, divided into two categories: 248 positive commandments and 365 prohibitions.

The main sources of Jewish jurisprudence include the Tanakh (Old Testament), Talmud, Baraita, and Shulchan Aruch.

The Tanakh

The Tanakh, also known as the Jewish Bible, is a 24-book collection divided into three sections: the Torah, the Nevi’im (Prophets), and the Ketuvim (Writings).

• A) Torah (Law):

The Torah, meaning “Law” or “Teaching,” is the most significant part of the Tanakh, traditionally ascribed to Moses and comprised of five books:

1. Bereshit (Genesis),
2. Shemot (Exodus),
3. Vayikra (Leviticus),
4. Bamidbar (Numbers), and
5. Devarim (Deuteronomy).

The Torah begins with the creation of the world and concludes with the death of Moses. The 613 commandments that Jews are obligated to observe stem from these texts.

• B) Nevi’im (Prophets):

The second section of the Tanakh, consisting of eight books, chronicles the messages and guidance of prophets who led the Israelites from the time after Moses for approximately a thousand years until the early stages of the Second Temple period. Jewish prophets consist of 48 individuals, seven of whom are women.

The Nevi’im books include:

1. Yehoshua (Joshua): This book begins with the prophecy of Joshua and the Israelites’ entrance into the Holy Land, providing a historical account of the Jewish nation’s establishment in this territory.
2. Shoftim (Judges): Shoftim recounts the period of the judges, including leaders such as Devorah, Gideon, and Shimshon, who took on the responsibility of guiding the people after Joshua.
3. Shmuel (Samuel): This book covers the era following the judges. It opens with the 40-year leadership of Eli the Hight Priest (Kohen Gadol) over Israel, succeeded by Samuel. This section names Saul as the first king of Israel and recounts the reign of David.
4. Melachim (Kings): Beginning with the reign of Solomon after David, this book chronicles the period of Israel’s monarchy up until the destruction of the First Temple by Nebuchadnezzar, King of Babylon. Following Solomon’s reign, the kingdom divides into two parts: one for the tribes of Judah and Benjamin, under the House of David, and the other for the remaining ten tribes, forming an independent kingdom.
5. Yeshayahu (Isaiah): Isaiah, a prophet of Israel, delivers eloquent advice, admonitions, and guidance. His prophecies also contain predictions regarding the era of the Messiah, the promised savior.
6. Yirmiyahu (Jeremiah): Jeremiah lived during the time of the destruction of the First Temple, offering prophecies related to the decline of Jerusalem and the impending exile.
7. Yehezkel (Ezekiel): Ezekiel was a prophet taken into Babylonian captivity by Nebuchadnezzar.
8. The Twelve Minor Books: This collection, often referred to as the “Twelve Minor Prophets,” comprises the prophecies of twelve Israelite prophets. Due to their brevity, these texts were compiled into a single book. The prophets included are:
   1. Hoshea (Hosea),
   2. Yoel (Joel),
   3. Amos,
   4. Ovadyah (Obadiah),
   5. Yonah (Jonah),
   6. Michah (Micah),
   7. Nachum (Nahum),
   8. Habakkuk,
   9. Tzefanyah (Zephaniah),
   10. Chaggai (Haggai),
   11. Zechariah, and
   12. Malakhi (Malachi).
   13. Malachi is recognized as the last prophet of Israel, living approximately 2,300 years ago, at the beginning of the reconstruction of the Second Temple in Jerusalem.

• C) Ketuvim (Writings):

The third section of the Tanakh, known as Ketuvim (Writings), consists of eleven books:

1. Tehillim (Psalms of David): Contains 150 chapters, most of which are prophetic hymns attributed to David.
2. 2-4. Mishlei (Proverbs of Solomon), Kohelet (Ecclesiastes), and Shir HaShirim (Song of Songs): These works are attributed to Shlomo (Prophet Solomon), who imparts ethical and moral lessons in the first two books, while Shir HaShirim conveys a mystical dialogue between the Israelites (B’nei Yisrael) and God.
3. Book of Job.
4. Book of Ruth.
5. Eikhah (Lamentations of Jeremiah).
6. Book of Esther (Megillat Esther).
7. Book of Daniel (Daniel the Prophet).
8. Books of Ezra-Nehemiah: This book records the deeds of Ezra and Nehemiah, focusing on their guidance for the Jewish people’s return to the Holy Land with the support of Cyrus and the reconstruction of the Holy Temple with the support of Cyrus and Darius II, Persian kings. Ezra’s dedication to spreading the Torah teachings was instrumental in reviving Jewish faith and reverence for the Torah. He encouraged widespread Torah study, laying a strong foundation to uphold its sanctity, which he taught with deep affection. Ezra taught the people to not just read the Torah, but to live by it. While Moses brought the Torah to the newly freed Israelites from Egypt, Ezra imparted Torah knowledge to those recently freed from Babylon.
9. Divrei HaYamim (Chronicles): Chronicles the genealogy of the Children of Israel (B’nei Yisrael) from Adam up to the early establishment of the Second Temple and recounts events from the reigns of the kings.

It is worth knowing that books like Shmuel, Kings, Chronicles, and Ezra-Nehemiah were originally single volumes but were later divided into two parts. Additionally, Ezra-Nehemiah is sometimes printed separately as Ezra and Nehemiah.

The Talmud

Following Moses’ passing, his successor Yehoshua transmitted what he had learned from Moses to the elders and scholars of the nation, and this oral tradition, known as the Oral Torah, was passed down through generations. For centuries, this transmission remained unwritten until it reached the Great Assembly (Knesset HaGedolah), a council of 120 Jewish sages, including the last prophets of Israel, established by Ezra HaSofer in the early days of the Second Temple. They preserved and systematized these teachings, ensuring that the next generation of religious educators, known as the Tannaim, would inherit the knowledge.

The era of the Tannaim

The Tannaim were the rabbis responsible for preserving and interpreting the Oral Torah after the Great Assembly until its eventual codification. The Tannaim (plural for “Tanna,” meaning teacher) were tasked with interpreting and clarifying Torah laws based on the Oral Torah’s principles. Some recorded these teachings for quick reference and accuracy, and their notes eventually became the foundation of the Mishnah, compiled by Rabbi Yehudah HaNasi, one of the last Tannaim and the head of the Sanhedrin (Nasi).

Witnessing the challenges facing the Jewish community, especially following the destruction of the Second Temple, Rabbi Yehudah HaNasi feared the Oral Torah might be forgotten, so he compiled it into a written form known as the Mishnah. The term Mishnah means “study and repetition,” and the work was composed in clear, fluent Hebrew interspersed with Aramaic, Greek, and Roman terms. Finalized approximately 18 centuries ago (around 3980 Hebrew), the Mishnah comprises six orders (Sedarim) and sixty-three tractates (Masekhtot).

The six orders include:

• Zeraim (Seeds): Laws of agriculture and the religious obligations of farmers, as well as regulations for prayer and blessings.
• Moed (Festivals): Laws and observances related to festivals, the Sabbath, and prohibited activities on these holy days.
• Nashim (Women): Laws pertaining to marriage, divorce, and family life.
• Nezikin (Damages): Civil and criminal laws, religious and secular courts, property laws, borrowing and lending, theft, debts, financial obligations, and transactions.
• Kodashim (Holy Things): Laws for priests and Levites, rituals, sacrifices offered at the Temple, dietary laws, and kosher slaughtering practices.
• Taharot (Purity): Laws concerning personal and ritual purity, immersion practices in the mikveh, and related regulations.

Codification of the Talmud

The Mishnah was not structured to provide absolute answers to the general public’s inquiries regarding Jewish laws; rather, it was composed to aid Jewish scholars in decision-making and issuing religious rulings on various religious issues. This compilation articulates laws and the conclusions of scholarly discussions in a concise, straightforward manner, without presenting the reasoning or proofs behind them.

Consequently, soon after the Mishnah’s compilation, religious academies of that era began collecting interpretations that explained the Mishnah’s content and substantiated its laws with verses from the written Torah. Eventually, a text called the “Gemara” (the Supplement) became available to students. The authors of the Gemara are referred to as “Amora” (explainer or interpreter).

Types of Talmud

The combination of the Mishnah and the Gemara is called the “Talmud,” meaning instruction and teaching. There are two versions of the Talmud:

1. The Jerusalem Talmud, completed in Jerusalem (Beit HaMikdash) less than 100 years after the Mishnah’s compilation.
2. The Babylonian Talmud, which was compiled nearly two centuries after the Jerusalem Talmud, approximately 1,500 years ago (3260 Hebrew) by Rav Ashi and Ravina across 37 volumes in Babylon and Persia. The Babylonian Talmud is more extensive and contains richer discussions than the Jerusalem Talmud, thus it is more frequently studied.

Alongside the main text, there are explanations of the Gemara added by prominent scholars over the years since the Talmud’s compilation. These explanations are called “Perushim” (the plural of “Perush,” meaning interpretation or explanation).

Torah Scholars

Sura and Pumbedita: At the time of the Talmud’s compilation (43rd Hebrew century—about 1,500 years ago), Babylon—comprising parts of present-day Iraq—was considered the primary center of Jewish life. The cities of Sura and Pumbedita gained special recognition due to their religious academies (Yeshivot), where people sought to learn the Torah and resolve religious questions.

Savoraim: Scholars who lived within a century after the Talmud’s authorship were called Savoraim, or “Rationalists.” These scholars refrained from altering or elaborating on the Talmud and dedicated their efforts solely to explaining the Gemara in an accessible way for all individuals.

Gaon: During this period, the academies of Sura and Pumbedita took on a more prominent role in Jewish life, and the heads of these academies were given the title “Gaon” (a sage or intellectual).

The Gaon of Sura oversaw all Jewish religious affairs, and at regular intervals, assemblies of scholars from various regions, presided over by the Gaon, convened to discuss sections of the Talmud. Jews from across different countries would write to the Gaon, asking questions regarding religious matters and legal rulings. A number of these questions and answers have been preserved to this day, providing significant insight, as these letters clarify many religious issues that had been raised since the time of the Amoraim.

The Gaonim were so influential and renowned that a 500-year period (4300–4800 Hebrew) became known as the Era of the Gaonim. A notable event from this period was the rise and eventual dissolution of the Karaite movement.

The Baraita

Alongside the Torah and Talmud, the Baraita is also consulted by scholars for guidance on religious rulings, although it holds less authority than the primary sources. The Baraita contains teachings of the Tannaim that were not included in the Mishnah. Within the Baraita, two collections are of particular importance: the Tosefta and the Midrash halakha.

Main Branches of Post-Talmudic Legal Writings

Key branches

The key branches of written legal sources in post-Talmudic Jewish texts are:

1. Commentaries and Annotations (Perushim)
2. Collections of judicial rulings (Responsa)
3. Legal Codes

Sources of Jewish legal principles

The foundations of Jewish legal principles include:

1. Kabbalah (Tradition from the time of Moses)
2. Midrash (Interpretation of sacred texts)
3. Takkanah (Positive Legislation) and Gezerah (Prohibitive Ruling)
4. Minhag (Custom)
5. Ma’aseh (Practice or Precedent)
6. Sevara (Logical Reasoning or Intellect)

Mishneh Torah

Moses ben Maimon (Harambam) completed the compilation of the significant work HaYad HaKHazaka (“The Strong Hand” or Mishneh Torah) after a decade of effort, organizing it into fourteen volumes.

This text provides a clear, concise, and direct explanation of all oral Torah laws—specifically the laws of the Talmud—without including Talmudic parables, narratives, or scholarly debates that justify the laws. Although the Mishnah is traditionally divided into six overarching sections (Seder), its religious laws are mentioned sporadically.

Goal of the book

In Mishneh Torah, Harambam’s contribution was to extract and compile all laws pertaining to each topic from various sections of the Talmud, arranging them in a scientific and orderly manner. When previous scholars in the Talmud expressed differing opinions on a given law, Harambam selected and accepted one view based on his own reasoning and research, despite the challenges of doing so.

Harambam’s motivation

Harambam expressed his motivation for writing this work, explaining, “Studying the Talmud and interpreting existing (religious) laws requires extensive knowledge, a superior intellect, and a substantial amount of time. For this reason, I have condensed the complex and extensive materials in a style where issues of permitted and prohibited, pure and impure, alongside other Torah laws, are presented clearly and succinctly, so that the oral Torah can be narrated smoothly by every person without difficulty.”

Impact and reception

Following the publication of Mishneh Torah, some scholars initially viewed it with skepticism. They believed that by simplifying religious laws, this work might discourage people from studying and reading the Talmud. However, over time, this concern was proven unfounded, as scholars and researchers found themselves more motivated to engage with and study the Talmud through this text. Before long, many Jewish communities in other countries began to base their religious practices on Harambam’s work.

Shulchan Aruch

Purpose and design

Rabbi Yosef Karo published the book Shulchan Aruch (“The Set Table”) with the intention of making Jewish laws accessible, straightforward, and comprehensible for the general public. The title reflects his purpose—to present all laws in an organized, user-friendly format, allowing individuals to readily understand and apply them.

Function

Shulchan Aruch serves as a religious guidebook or codex that anyone familiar with Hebrew can consult to quickly locate relevant topics and answers to their questions. This work is divided into four parts or volumes:

1. Volume One: This section includes laws pertaining to daily practices, personal hygiene, various blessings (Berachot), daily prayers, the holy day of Shabbat, as well as other festivals and religious fasts.
2. Volume Two: This section covers laws regarding ritual slaughter (Shechita), dietary laws (permitted and prohibited foods, or Kashrut), charity, purity, laws concerning the sick and their physicians, mourning, and other related topics.
3. Volume Three: This part includes laws related to marriage and divorce, along with their conditions and stipulations.
4. Volume Four: This final section addresses laws concerning commerce, trust, financial matters, and legal courts.

Sephardim and Ashkenazim

Origins and distinction

The term Sepharad in Hebrew refers to the land of Spain, and Sephardim are those Jews descended from the Jewish communities of Spain, Portugal, and Italy or those who, while living in other countries, adhered to the teachings and practices of Spanish scholars. The Sephardic tradition broadly encompasses Eastern Jewish communities.

Conversely, Ashkenaz in Hebrew refers to parts of present-day Germany, and Ashkenazim are Jews whose ancestors lived in Germany and Eastern Europe or followed the teachings of German and French scholars, largely representing Western Jewish communities.

Level of difference

The Sephardic-Ashkenazic division emerged after the era of the Geonim, around the 49th Hebrew century. It is noteworthy that Sephardic and Ashkenazic Jews share identical beliefs in the Tanakh, the Talmud, and core principles and practices of Judaism; their differences lie solely in the minor variations of certain rituals and traditions.

Influence on Shulchan Aruch

Being Sephardic himself, Rabbi Yosef Karo structured most of the laws in Shulchan Aruch according to the customs and traditions of Sephardic scholars. Ashkenazis disagreed with some of the practices in Shulchan Aruch.

In response, Rabbi Moshe Isserles, a leading authority and head of the most prominent Ashkenazic yeshiva of his time, added comments and annotations to Shulchan Aruch that aligned with Ashkenazic customs immediately after its publication. These additions allowed the text to be universally accepted by Jewish communities worldwide.

Kitzur Shulchan Aruch

Over time, Kitzur Shulchan Aruch, an abridged version, was also created to facilitate ease of use. Today, following the model and authority of Shulchan Aruch, halakhic texts with specific explanations addressing contemporary religious questions are regularly published by Jewish scholars.

The Thirteen Principles of Jewish Faith

1. The Blessed God is Present and Ever-Watchful.
2. God is One and Unique.
3. God has no physical form and bears no resemblance to any physical entity.
4. God is Preexistent and precedes all beings in the universe.
5. Worship of any being other than God is not permitted.
6. God is aware of human intentions and thoughts.
7. The prophecy of Moses, our teacher, is true.
8. Moses is superior to all other prophets of the people of Israel in prophecy.
9. The sacred Torah was Divinely revealed from heaven (from God).
10. The Torah has never changed and will never change.
11. God will punish the wicked and grant reward to the righteous.
12. The Messiah (Mashiach), the Savior of the world, will come.
13. The dead will be resurrected in the future.

Source

Arash Abai
Islamic Azad University, Faculty of Theology, 26 November 2007