Ehav4Ever
Well-Known Member
In order to answer this question, the first consideration would be "What is halakha?" The hebrew term (הלכה) comes from the Hebrew root (ה-ל-ך) meaning "walking; moving towards a goal." Thus, halakha is defined as the process of practice, tradition, rulings, etc. that relates to how Torath Mosheh and Orthodox Jews do the will Hashem, the basis of which is in the written and oral Torah. Halakha is not the end of it all but the basis, or starting point, that a Torath Mosheh and Orthodox Jew uses. Of course there are valid sources of halakha and also invalid sources. Our lives are spent studying, understanding, and putting into practice, as best as possible what we have recevied is valid.
So, because living is a process and living is never complete halakha is also never complete. Torath Mosheh and Orthodox Jews are required by halakha to evolve with the times and most do. Of course if a pocket of Orthodox Jews decide to not use the advances in technology or advancement in historial understanding that is up to them; and they will either be at a loss in some areas of their lives or they will be perfectly fine. The Talmud is proof of the above concept. At one time the Oral Torah was not written down and a change in the social environment caused it to be written down, in code. Further needs caused their to be additional sources about the code and how to understand it.
Torath Mosheh Jews and Orthodox Jews hold that any halakha that came from Hashem, the Source of Creation, is unalterable IF Hashem stated that it is unalterable - IF Hashem gave permission that something could be altered then it can be. For example, the 10 Statements/Commands mentioned in Shemoth (Ex.) 20:1-13 are halakha transmitted directly from Hashem to the entire Israeli/Jewish nation at Mount Sinai, the Source of Creation. They cannot be altered because the Source of Creation made it clear that Israel is not to alter them. Far be it from a wise man do not do what the Creator stated; and how illogical would it be to alter something your Creator said not to alter.
The next step of halakha are halalkha that came from Mosheh ben-Amram (Moses) and his Court. Since, according to Torath Mosheh sources, Mosheh ben-Amram made rulings based on his direct contact with Hashem, these rulings are also unalterable. Why? Because even though Torath Mosheh Jews learned them from Mosheh ben-Amram and his court - it was proven over and over again during a 40 year period that Mosheh ben-Amram was teaching halakha that he learned from Hashem, and that Hashem approved of what he was transmitting. I.e. the reason why Torah Mosheh Jews throughout history have kept the Shabbat (Sabbath) the way we do is because our ancestors received it, in detail, from Mosheh ben-Amram who had received it from Hashem. Thus, it would be silly to try and change something that Hashem stated won't be changed.
Further, Torath Mosheh and Orthodox Jews also hold that anoher type of halakha is determined by a Mosaic Court in Jerusalem based on the need of the time and based on rules received from Mosheh ben-Amram (Moses) on how to make rulings. This type of halakha can be changed and adjusted, based on the circumstance, but such is only addressed when a Mosaic Court of greater knowledge than the court that instituted them exists. When such a court existed in the land of Israel they were the last stop in the legal system, i.e. a Supreme Court. The current problems of today of unity among Torath Mosheh Jews was due to the two exiles of the Jewish people from the land of Israel, the decimation of centers of science that existed in the North of Israel among the tribe if Yissachar, and also the disbanding of the Mosaic Court in Jerusalem.
So, where does the Talmud fit into all of this? In the absence of a Mosaic Court all Torath Mosheh and Orthodox Jews who were dispersed throughout the Middle East, North and East Africa, Asia, and Europe more than 1,000 years ago decided to use the rulings found in the Bavli Talmud UNTIL there is again a Mosaic Court. Lastly, Torath Mosheh and Orthodox Jews hold that when there is again a "valid" Mosaic Court in Jerusalem we [Torath Mosheh and Orthodox Jews] go by their rulings on Halakha. Yet, w/o being in the land of Israel with a Mosaic Court a situation exists similar to what is mentioed in Shoftim (Judges) 17:6. I.e. "there was no king in Israel and what someone saw was right in their owns they did."
The ideal situation for the Torath Mosheh Jew is a return to how things were between Yehoshua bin-Nun (Joshua) and Shelomo HaMelekh, at the height of his kingdom. I.e. if you were to take the two best moments of the time of Yehoshua bin-Nun in terms of a prophet who was just below Mosheh Rabbeinu and the wisdom of Shelomo HaMelekh during the height of his rule, you will get a good way to conceptual the best of possible situations.
One source for what I wrote above is the Rambam's Mishnah Torah - Hilchoth Mamrim chapters 1-3. Here is a part of it:
So, because living is a process and living is never complete halakha is also never complete. Torath Mosheh and Orthodox Jews are required by halakha to evolve with the times and most do. Of course if a pocket of Orthodox Jews decide to not use the advances in technology or advancement in historial understanding that is up to them; and they will either be at a loss in some areas of their lives or they will be perfectly fine. The Talmud is proof of the above concept. At one time the Oral Torah was not written down and a change in the social environment caused it to be written down, in code. Further needs caused their to be additional sources about the code and how to understand it.
Torath Mosheh Jews and Orthodox Jews hold that any halakha that came from Hashem, the Source of Creation, is unalterable IF Hashem stated that it is unalterable - IF Hashem gave permission that something could be altered then it can be. For example, the 10 Statements/Commands mentioned in Shemoth (Ex.) 20:1-13 are halakha transmitted directly from Hashem to the entire Israeli/Jewish nation at Mount Sinai, the Source of Creation. They cannot be altered because the Source of Creation made it clear that Israel is not to alter them. Far be it from a wise man do not do what the Creator stated; and how illogical would it be to alter something your Creator said not to alter.
The next step of halakha are halalkha that came from Mosheh ben-Amram (Moses) and his Court. Since, according to Torath Mosheh sources, Mosheh ben-Amram made rulings based on his direct contact with Hashem, these rulings are also unalterable. Why? Because even though Torath Mosheh Jews learned them from Mosheh ben-Amram and his court - it was proven over and over again during a 40 year period that Mosheh ben-Amram was teaching halakha that he learned from Hashem, and that Hashem approved of what he was transmitting. I.e. the reason why Torah Mosheh Jews throughout history have kept the Shabbat (Sabbath) the way we do is because our ancestors received it, in detail, from Mosheh ben-Amram who had received it from Hashem. Thus, it would be silly to try and change something that Hashem stated won't be changed.
Further, Torath Mosheh and Orthodox Jews also hold that anoher type of halakha is determined by a Mosaic Court in Jerusalem based on the need of the time and based on rules received from Mosheh ben-Amram (Moses) on how to make rulings. This type of halakha can be changed and adjusted, based on the circumstance, but such is only addressed when a Mosaic Court of greater knowledge than the court that instituted them exists. When such a court existed in the land of Israel they were the last stop in the legal system, i.e. a Supreme Court. The current problems of today of unity among Torath Mosheh Jews was due to the two exiles of the Jewish people from the land of Israel, the decimation of centers of science that existed in the North of Israel among the tribe if Yissachar, and also the disbanding of the Mosaic Court in Jerusalem.
So, where does the Talmud fit into all of this? In the absence of a Mosaic Court all Torath Mosheh and Orthodox Jews who were dispersed throughout the Middle East, North and East Africa, Asia, and Europe more than 1,000 years ago decided to use the rulings found in the Bavli Talmud UNTIL there is again a Mosaic Court. Lastly, Torath Mosheh and Orthodox Jews hold that when there is again a "valid" Mosaic Court in Jerusalem we [Torath Mosheh and Orthodox Jews] go by their rulings on Halakha. Yet, w/o being in the land of Israel with a Mosaic Court a situation exists similar to what is mentioed in Shoftim (Judges) 17:6. I.e. "there was no king in Israel and what someone saw was right in their owns they did."
The ideal situation for the Torath Mosheh Jew is a return to how things were between Yehoshua bin-Nun (Joshua) and Shelomo HaMelekh, at the height of his kingdom. I.e. if you were to take the two best moments of the time of Yehoshua bin-Nun in terms of a prophet who was just below Mosheh Rabbeinu and the wisdom of Shelomo HaMelekh during the height of his rule, you will get a good way to conceptual the best of possible situations.
One source for what I wrote above is the Rambam's Mishnah Torah - Hilchoth Mamrim chapters 1-3. Here is a part of it:
"The Supreme Sanhedrin in Jerusalem are the essence of the Oral Law. They are the pillars of instruction from whom statutes and judgments issue forth for the entire Jewish people. Concerning them, the Torah promises Deuteronomy 17:11: "You shall do according to the laws which they shall instruct you...." This is a positive commandment.
Whoever believes in Moses and in his Torah is obligated to make all of his religious acts dependent on this court and to rely on them.
Any person who does not carry out their directives transgresses a negative commandment, as Ibid. continues: "Do not deviate from any of the statements they relate to you, neither right nor left."
We are obligated to heed their words whether they:
a) learned them from the Oral Tradition, i.e., the Oral Law, (From Hashem)
b) derived them on the basis of their own knowledge through one of the attributes of Torah exegesis and it appeared to them that this is the correct interpretation of the matter,
c) instituted the matter as a safeguard for the Torah, as was necessary at a specific time. These are the decrees, edicts, and customs instituted by the Sages.
It is a positive commandment to heed the court with regard to each of these three matters. A person who transgresses any of these types of directives transgresses a negative commandment. This is derived from the continuation of the above verse in the following manner: "According to the laws which they shall instruct you" - this refers to the edicts, decrees, and customs which they instruct people at large to observe to strengthen the faith and perfect the world. "According to the judgment which they relate" - this refers to the matters which they derive through logical analysis employing one of the methods of Torah exegesis. "From all things that they will tell you" - This refers to the tradition which they received one person from another."
Whoever believes in Moses and in his Torah is obligated to make all of his religious acts dependent on this court and to rely on them.
Any person who does not carry out their directives transgresses a negative commandment, as Ibid. continues: "Do not deviate from any of the statements they relate to you, neither right nor left."
We are obligated to heed their words whether they:
a) learned them from the Oral Tradition, i.e., the Oral Law, (From Hashem)
b) derived them on the basis of their own knowledge through one of the attributes of Torah exegesis and it appeared to them that this is the correct interpretation of the matter,
c) instituted the matter as a safeguard for the Torah, as was necessary at a specific time. These are the decrees, edicts, and customs instituted by the Sages.
It is a positive commandment to heed the court with regard to each of these three matters. A person who transgresses any of these types of directives transgresses a negative commandment. This is derived from the continuation of the above verse in the following manner: "According to the laws which they shall instruct you" - this refers to the edicts, decrees, and customs which they instruct people at large to observe to strengthen the faith and perfect the world. "According to the judgment which they relate" - this refers to the matters which they derive through logical analysis employing one of the methods of Torah exegesis. "From all things that they will tell you" - This refers to the tradition which they received one person from another."
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