Theory of Halakhah and Halakhic Change, Oral Law (Torah She'be'al Peh)
In Berkovits' view, Halakhah is determined by (1) the priority of the ethical in the value system of Judaism as reflected in the entire range of Jewish sacred literature, (2) common sense, (3) the wisdom of the feasible in the light of reality. In Not in Heaven he states that "in the spiritual realm nothing fails like compulsion" Yet, "Autonomy degenerates into everyone doing his own thing. The result is social and international decadence" (p. 83). Berkovits sees Judaism and halakhah as being inextricably intertwined, halakhah and our relationship to it having indeed shaped Judaism. "Through Halakhah the Word from Sinai has become the way of life of the Jewish people through history" (p. 84). He therefore sees a normative role for halakhah even in the modern world: "There has never been a greater need for Halakhah's creative wisdom of Torah-application to the daily realities of human existence than in our day" (p. 2).
Related to this is Rabbi Berkovits's view of the Oral Law (Torah She'be'al Peh), the traditional Jewish conception of the oral explanation of the Torah, given at Sinai along with the Written Torah. This Oral Torah includes both explicit interpretations of certain Pentateuchal laws, as well as the general methods of Rabbinic exegesis. In Berkovits's view, the Oral Law was oral in order to allow maximum flexibility, by giving the rabbis of each generation the ability to decide questions of new situations and circumstances and even re-decide anew the questions of previous generations. When the Oral Law was written (chiefly in the Mishna and Talmud), the rabbis viewed this as so catastrophic and unprecedented and controversial because this killed much of the Oral Law's flexibility that was so inherent to its nature; by writing it down, decisions were set in stone and could not be redecided. This was necessary to prevent its being forgotten due to the tribulations of Roman rule and exile, but it had its price. In addition, Rabbi Berkovits saw Zionism as a means to revitalize in the Jewish people what was lost with the Oral Law's writing.
His view is almost undoubtedly derived from that of the Dor Revi'i, Rabbi Moshe Shmuel Glasner. His views are exactly the same, set forth in his introduction to his book the Dor Revi'i (see Moshe Shmuel Glasner for link to abridged English translation). It is not surprising that Rabbi Berkovits's view is so similar, given that he studied under Rabbi Glasner's son Rabbi Akiva Glasner before he moved to Berlin, and Rabbi Berkovits may have even received semicha (ordination) from Rabbi Akiva Glanser.
Read more about this topic: Eliezer Berkovits
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