Halacha

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Babylonian Talmud

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.

interpretation

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 ).

literature

  • 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 ( ISSN  0342-1228 ), Ed .: Hamburg Society for International Law and Foreign Policy, Hamburg 1973, DNB 730522741 .
  • 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.

See also

Web links

Commons : Halacha  - collection of images, videos and audio files
Wiktionary: Halacha  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. 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.
  2. Julius H. Schoeps (ed.): The way: haHalakhah . In: New Lexicon of Judaism.
  3. a b Walter Homolka : The Jewish marriage law . de Gruyter, Berlin 2009, p. 8. ISBN 978-3-89949-452-5 /books.google.de