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The New Jew
Foundations of Belief

What Is Halacha?

Halacha is the Jewish legal system — the way one walks. It is the operating language of observant Jewish life.

By The EditorsEssential
Foundations of Belief  ·  3 minute read
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Summary. (from halach, “to walk”) is the body of Jewish law that develops from the ’s 613 through the , the , the medieval codes (most importantly the ’s Mishneh Torah and the Tur), and the canonical Shulchan Aruch of (1565) with the glosses of . Halacha is binding in , binding-with-modern-application in , and treated as a source of values rather than law in . Halacha covers everything from the of food to the conduct of business to the laws of mourning.

The development of Halacha can be traced as a stepwise refinement. The Torah commands 613 mitzvot (Talmud Makkot 23b–24a). The — given, in the traditional account, at Sinai along with the Written — develops these into workable law. The Mishnah (compiled by c. 200 CE) is the first written code of the Oral Torah. The (compiled c. 500 CE in Babylonia; somewhat earlier in the Land of Israel) is the rabbinic discussion of the Mishnah. Together, Mishnah and Gemara comprise the Talmud.

The period (c. 600–1000) saw the heads of the great Babylonian academies (Sura and Pumbedita) issue applying Talmudic law to new questions. The medieval period produced great codes: the Rambam’s (completed 1180), a comprehensive code organized topically; the of (c. 1340); and the of Rabbi Yosef Karo (printed 1565), which became the authoritative code of Halacha. Karo was a ; Rabbi Moshe Isserles (the Rema, 1530–1572) added Ashkenazi glosses (the , “tablecloth”) so that the combined work could serve both traditions.

Halacha continues to develop through responsa — the answers of (decisors) to specific questions. ’s (mid-20th century), the of , the of , the Iggrot of — these and many others constitute the working library of contemporary Orthodox Halacha.

The Shulchan Aruch is organized in four sections: Orach Chaim (daily life and the calendar), Yoreh De’ah (forbidden foods, ritual purity, mourning, and miscellaneous), Even HaEzer (marriage and divorce), and Choshen Mishpat (civil and criminal law). For the New Jew, the most immediately useful is Orach Chaim, with its rulings on prayer, , kashrut, and the holidays. The Mishnah Berurah of the (Rabbi Meir Kagan, 1838–1933) is the standard commentary that brings the Shulchan Aruch to contemporary Ashkenazi Orthodox practice.

Where Denominations Diverge

Orthodox: Halacha is binding, the Shulchan Aruch and are canonical, and rulings are made by recognized poskim. Conservative: Halacha is binding, but the Committee on Jewish Law and Standards (CJLS) can issue (rabbinic enactments) responding to modern conditions — landmark examples include the 1950 driving permitting travel to synagogue on , and the 2006 rulings on homosexuality, where the CJLS approved three conflicting teshuvot — one permitting gay ordination and same-sex unions, two upholding the traditional prohibition — all of which remain valid options for the movement. Reform: Halacha is a source of values and meaning rather than binding law. : similar to Reform but with stronger emphasis on Jewish civilization. : hybrid, with Halacha treated as a serious conversation partner alongside spiritual practice.

Sources

Torah: 613 mitzvot, enumerated in Sefer HaMitzvot of the Rambam.

Mishnah (c. 200 CE); (c. 500 CE).

Rambam, Mishneh Torah.

Rabbi Yaakov ben Asher, Tur.

Rabbi Yosef Karo, Shulchan Aruch (1565), with Rema glosses.

Chofetz Chaim, Mishnah Berurah.

Halakhah — Jewish Virtual Library.

Gaon — Jewish Virtual Library.

14 Facts About the Code of Jewish Law (Shulchan Aruch) — Chabad.org.

Halakhah — Jewish Virtual Library.

Further Reading

Menachem Elon, Jewish Law: History, Sources, Principles.

Joel Roth, The Halakhic Process (Conservative).

Mark Washofsky, Jewish Living: A Guide to Contemporary Reform Practice.

Yitzchok Twersky, A Maimonides Reader.

II. Essential Facts