Conservative Halakha - Legal and Literary Sources of Conservative Halakhah

Legal and Literary Sources of Conservative Halakhah

Further information: Conservative responsa

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.

Read more about this topic:  Conservative Halakha

Famous quotes containing the words legal, literary, sources and/or conservative:

    We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.
    Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)

    The purifying, healing influence of literature, the dissipating of passions by knowledge and the written word, literature as the path to understanding, forgiveness and love, the redeeming might of the word, the literary spirit as the noblest manifestation of the spirit of man, the writer as perfected type, as saint.
    Thomas Mann (1875–1955)

    My profession brought me in contact with various minds. Earnest, serious discussion on the condition of woman enlivened my business room; failures of banks, no dividends from railroads, defalcations of all kinds, public and private, widows and orphans and unmarried women beggared by the dishonesty, or the mismanagement of men, were fruitful sources of conversation; confidence in man as a protector was evidently losing ground, and women were beginning to see that they must protect themselves.
    Harriot K. Hunt (1805–1875)

    The democrat is a young conservative; the conservative is an old democrat. The aristocrat is the democrat ripe, and gone to seed,—because both parties stand on the one ground of the supreme value of property, which one endeavors to get, and the other to keep.
    Ralph Waldo Emerson (1803–1882)