The Halacha [ -ˈχaː ] ( Hebrew הלכה; derived from the verbהלך halach : “to go”, “to walk”) is the legal part of the tradition of Judaism , in contrast to the Aggada . The Halacha includes the 613 Mitzvot (commandments), their later interpretation in the Talmud and rabbinical law as well as the customs and traditions that were summarized in the Shulchan Aruch , but also contains general legal principles.
These legal interpretations of the written Torah reflect the different opinions of rabbis , sages and scholars. They aim at rules of conduct that affect the entire life of believers. Historically, the halacha is part of the Talmud . It belongs to the so-called oral tradition recorded in both Jerusalem and Babylon since the time after the destruction of the first Jerusalem temple and the Babylonian exile .
“The halakhah consists of different components. Some are Sinajite, some are of rabbinic origin. The binding nature of a halachic instruction depends on various criteria. Evidence of a long tradition and appeal to a recognized authority are of decisive importance. Under certain circumstances a custom ( minhag ), if it contradicts a certain halacha, can replace it.
Differentiation in de-oraita and de-rabbanan
Fundamental in Jewish legal philosophy is the distinction between laws, regulations and ordinances (Halachot and Taqqanot ) into those whose origins can be traced back to the Torah and those which arise from the later discussion of the objects by rabbis and legal scholars. So de-oraita means , ( Aramaic דְאוֹרָיְתָא, Hebrew שֶׁל הַתּוֹרָה) from the Torah and de-rabbanan ( Aramaic דְרַבָּנָן, Hebrew שֶׁל רַבּוֹתֵינוּ) from the rabbis . The distinction is often not easy, since de-oraita not only includes the written regulations in the Torah, but also those which are included with the help of the interpretation ( Midrash, Hebrew מִדְרָשׁ) can be obtained from the text, as well as the oral tradition ascribed to the laws of Moses at Sinai ( Hebrew הֲלָכָה לְמֹשֶׁה מִסִּינַי- Halacha le – Moshe mi – Sinai ).
- Yitzhak Goldfine : Introduction to Jewish Law. A historical and analytical study of Jewish law and its institutions. Supplement 2 to the journal Constitution and Law in Übersee ( ), Ed .: Hamburg Society for International Law and Foreign Policy, Hamburg 1973, .
- Zvi Zohar: Halacha. In: Dan Diner (Ed.): Encyclopedia of Jewish History and Culture (EJGK). Volume 2: Co-Ha. Metzler, Stuttgart / Weimar 2012, ISBN 978-3-476-02502-9 , pp. 507-518.
- Lawrence H. Schiffman, Alyssa Gray, Benjamin Brown. Halakha . In: Encyclopedia of the Bible and Its Reception, De Gruyter, 2010.
- The halacha
- Solomon B. Freehof Institute of Progressive Jewish Law
- Isaac Kalimi: The place of the Bible in Judaism and the classic Jewish interpretation of scriptures, a paradoxical constellation. Oldenburg 1999, ISBN 3-8142-1114-6 . (Oldenburg University Speeches 114)
- Joseph Jacobs: Midrash Halakah. In: Isidore Singer (Ed.): Jewish Encyclopedia . Funk and Wagnalls, New York 1901-1906.
- The peculiarity of Jewish law “The Jewish law of the Halacha differs from the law known to us in essential points. The most important are probably two aspects: First, Jewish law sees itself as the result of divine non-human creation, so that observing it is a religious and not just a civic duty. Second, Jewish law is a legal system that has existed and developed for most of the time without being embedded in an autonomous state and thus without the support of a state power. ”Retrieved November 4, 2008.
- Julius H. Schoeps (ed.): The way: haHalakhah . In: New Lexicon of Judaism.
- Walter Homolka : The Jewish marriage law . de Gruyter, Berlin 2009, p. 8. ISBN 978-3-89949-452-5 /books.google.de