Jewish Law (halachah) is based upon d’oraita (law from the Torah), and d’rabbanan (laws insituted by the rabbis). The d’oraita laws are the 613 mitzvot found in the Torah that Jews are to live by – although not all 613 apply to every individual. The Aseret Hadiberot (“Ten Commandments” – more properly called the Ten Statements) can be thought of as a summary of the 613 mitzvot. The list that is most widely recognized is Rambam’s list from his Mishneh Torah. Some of the mitzvot are fully explained in the Written Torah (You shall not murder) and some are less than fully explained (Rest on the Sabbath). In the case of this second type of mitzvah, Jews turn to the Mishnah for a fuller understanding of the mitzvah.
The d’rabbanan mitzvot are broken into three types: minhag, gezeirah, and takkanah. The minhag are long-standing traditions that have the power of law. One such example is the wearing of a kippah and a second day for some holidays for people outside Israel. The gezeirah are laws instituted by the rabbis to prevent people from accidently transgressing a Torah mitzvah. These laws are generally referred to as putting up a fence around the Torah. An example of such a “fence” is the prohibition of handling a writing instrument on Shabbat so one would not accidently violate the mitzvah to rest on Shabbat. The takkanah are non-biblical laws created by the rabbis for the public welfare. Examples of takkanah include the public reading of Torah on Mondays and Thursdays that was instituted by Ezra and the lighting of the candles on the chanukiah during Chanukah.
There have been many great rabbis who have contributed their skill to writing commentary on Jewish Law. By following the mitzvot Jews worship G-d and continue their lifelong relationship with G-d. The mitzvot permeate the Jews’ lives and regulate their behaviors and thoughts as well as their relationships with G-d, fellow Jew, and gentiles. When halachah guides one’s life, one becomes more spiritual because the mundane aspects of life become religiously significant.
I whole-heartedly believe that the Torah (both Written and Oral) were given to Moses. I believe that the 613 mitzvot and the Ten Commandments were given to Moses at Mount Sinai and the remainder of the Torah was given to him during the 40 years in the desert. Halachah is based upon this covenant between the Jewish people and HaShem. The Talmud is a conglomeration of these mitzvot (Mishnah) and the arguments, stories, and commentaries of the great sages. I personally believe that halachah is binding upon every Jew – whether we understand the reasoning behind it or not. I believe that halachah is fixed and not able to be changed. That being said, I do not believe that halachah interpretations cannot change.
The fact is, in every generation there must be new interpretations to halachah. In 1700, the rabbis would not have known about electricity and in 1900, the rabbis would not have known about the computer. But with these new inventions, the rabbis were forced to change their interpretations of halachah. As for minhag, I feel that tradition is very important but simply because something is a tradition and may have the force of a mitzvah – does not make it a mitzvah in its own right. Just because the minhag says one thing does not mean that it cannot be interpreted another way and still be valid and within halachic understanding. I also believe that “fences” should be placed around the Torah in order to assist Jews in fulfilling the mitzvot. However, when these fences become so entrenched that the meaning and ethics of the mitzvot are lost or subjugated, then it is time for the fence to be mended. The laws made for the public welfare are in general a good thing but they have also come to be overbearing and need to be reinterpreted within the halachich framework.
As I pursue my oath stated before the bet din that I would follow the mitzvot, I find that there are some areas where the sages commentaries and writings need to be reinterpreted (within a halachich framework). I can only hope that all Jews will come back to mitzvot, thereby earning the love of HaShem.
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