Conservative Halakha - Legal and Literary Sources of Conservative Halakhah

Legal and Literary Sources of Conservative Halakhah

As classified by Menachem Elon's Ha-Mishpat Ha-Ivri, the legal sources of Jewish law include Torah interpretation, legislation, and custom (minhag). The Conservative movement utilizes these legal sources as found in both pre-modern and Orthodox Jewish law, though it does not recognize the authority of Reform Jewish responsa.

Through its own deliberations, Conservative Judaism modifies or adds to pre-modern and Orthodox halakhah through several literary forms, primarily responsa. Such Conservative responsa may be given official force within Conservative Judaism through the Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly. CJLS decisions may also result in a legislative decree or takkanah. Besides responsa and takkanah, the CJLS creates several other literary sources. For instance, the CJLS approved an "Organ and Tissue Donation Card" in 1996. For handling the agunah problem, the CJLS approved a Jewish marriage contract (ketubbah), supplanting a 1935 plan by Louis Epstein, prepared by Saul Lieberman). In addition, Conservative halakhah may be found in academic and popular writings, including an effort at codification (Isaac Klein's A Guide to Jewish Religious Practice). Finally, the movement's major liturgical publications—its prayer books and new chumash -- constitute de facto halakhic choices about Conservative Jewish religious practice.

In Israel, the Masorti movement recognizes the sources of Conservative halakhah, for the most part. In 1989, the first collection of responsa were published by three Israeli Masorti rabbis in the Va'ad Halacha (Jewish law committee) of the Rabbinical Assembly of Israel. As a matter of custom and rabbinical decision, the Masorti movement differs with its American partner on some matters of Jewish law.