The Shulchan Aruch (Hebrew Extinct as a regularly spoken language by the 4th century CE, but survived as a liturgical and literary language; revived in the 1880s: שולחן ערוך, literally: "Set Table") (also Shulhan Aruch or Shulhan Arukh) is a codification In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex of law, or written manual, of halacha Halakha — also transliterated Halocho (Ashkenazic Hebrew pronunciation) and Halacha — is the collective body of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law, as well as customs and traditions (Jewish law), composed by Rabbi Yosef Karo Joseph ben Ephraim Caro, also spelled Yosef Karo, or Qaro, was author of the last great codification of Jewish law, the Shulchan Aruch, which is still authoritative for all Jews pertaining to their respective communities. To this end he is often referred to as ha-Mechaber (Hebrew: "The Author") and as Maran (Aramaic: "Our Master& in the 16th century. Together with its commentaries, it is frequently considered the most authoritative compilation of halacha since the Mishneh Torah The Mishneh Torah subtitled Sefer Yad ha-Hazaka (ספר יד החזקה "Book of the Strong Hand,") is a code of Jewish religious law (Halakha) authored by Maimonides (Rabbi Moshe ben Maimon, also known as RaMBaM or "Rambam"), one of history's foremost rabbis. The Mishneh Torah was compiled between 1170 and 1180 (4930-4940), or even the Talmud The Talmud is a central text of mainstream Judaism, in the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history itself.
Contents |
Structure
The Shulchan Aruch (and its forerunner, the Beit Yosef) follow the same structure as Arba'ah Turim Arba'ah Turim , often called simply the Tur, is an important Halakhic code, composed by Yaakov ben Asher (Cologne, 1270 - Toledo c.1340, also referred to as "Ba'al ha-Turim", "Author of the Tur"). The four-part structure of the Tur and its division into chapters (simanim) were adopted by the later code Shulchan Aruch by Rabbi Jacob ben Asher. These books were written from the standpoint of Sephardi Minhag, other works entitled Shulchan Aruch or Kitzur Shulcan Aruch cited below are written from the standpoint Ashkenazi Minhag. There are four books, subdivided on chapters and paragraphs[1]:
- Orach Chayim - laws of prayer Jewish services are the prayer recitations that form part of the observance of Judaism. These prayers, often with instructions and commentary, are found in the siddur, the traditional Jewish prayer book and synagogue A synagogue is a Jewish house of prayer. (it might also be of interest that the word when broken down could mean, "learning together" (syn - gr. together and aghoghei gr. learning or training), Sabbath Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from sundown Friday until the appearance of three stars in the sky on Saturday night. The exact time, therefore, differs from week to week and from place to place, depending on the time of sunset at each location. In polar areas where there is no, holidays A Jewish holiday or festival is a day or series of days observed by Jews as a holy or secular commemoration of an important event in Jewish history. In Hebrew, Jewish holidays and festivals, depending on their nature, may be called yom tov (Yiddish: yontif) or chag ("festival") or ta'anit ("fast");
- Yoreh De'ah - laws of kashrut Kashrut is the set of Jewish dietary laws. Food in accord with halakha (Jewish law) is termed kosher in English, from the Ashkenazi pronunciation of the Hebrew term kashér (כָּשֵׁר), meaning "fit" (in this context, fit for consumption by Jews according to traditional Jewish law). Food that is not in accordance with Jewish law is; religious conversion Conversion to Judaism is a formal act undertaken by a non-Jewish person who wishes to be recognised as a full member of the Jewish community. A Jewish conversion is both a religious act and an expression of association with the Jewish people. A formal conversion is also sometimes undertaken to remove any doubt as to the Jewishness of a person who; Mourning; Laws pertaining to Israel; Laws of family purity
- Even Ha'ezer - laws of marriage In Jewish law , betrothal (Hebrew: shiddukhin) or engagement is defined as the mutual promise between a man and a woman to contract a marriage at some future time and the formulation of the terms on which it shall take place. The promise may be made by the intending parties or one made by their respective parents or other relatives on their, divorce Divorce is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. In Canada, Saskatchewan allows married persons to "become the spouse of a and related issues;
- Choshen Mishpat Choshen Mishpat is a section of Rabbi Jacob ben Asher's compilation of halakha , Arba'ah Turim. This section treats aspects of Jewish law pertinent to finance, torts, legal procedure and loans and interest in Judaism. Later, Rabbi Yosef Karo modeled the framework of his own compilation of practical Jewish law, the Shulkhan Arukh after the Arba'ah - laws of finance, financial responsibility, damages (personal and financial), and the rules of the Bet Din, as well as the laws of witnesses.
Beth Yosef
Its premise and style
The Shulchan Aruch is an abridgement and encapsulation of a much larger work by Rabbi Joseph Karo, titled Beth Yosef (Hebrew: "House of Joseph"). The latter is a commentary upon Jacob ben Asher's Arba'ah Turim Arba'ah Turim , often called simply the Tur, is an important Halakhic code, composed by Yaakov ben Asher (Cologne, 1270 - Toledo c.1340, also referred to as "Ba'al ha-Turim", "Author of the Tur"). The four-part structure of the Tur and its division into chapters (simanim) were adopted by the later code Shulchan Aruch ("Tur"), but it is much more comprehensive, going back to the Talmud and the Midrash Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible compilations relating to Jewish law Halakha — also transliterated Halocho (Ashkenazic Hebrew pronunciation) and Halacha — is the collective body of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law, as well as customs and traditions. This work discusses the pros and cons of the authorities cited by the Tur, and examines the opinions of the authorities not mentioned by the latter. Rabbi Karo began the Beth Yosef in 1522 at Adrianople Edirne is a city in Eastern Thrace, the westernmost part of Turkey, close to the borders with Greece and Bulgaria. Edirne served as the capital city of the Ottoman Empire from 1365 to 1457, when Constantinople (Istanbul) became the empire's new capital. At present, Edirne is the capital of the Edirne Province in Turkish Thrace. The city's, finished it in 1542 at Safed Safed , also known as Zefat (Ashkenazi: Tzfas; Biblical: Ṣ'fath), is a city in the Northern District of Israel. Located at an altitude of 900 metres (2,953 ft), Safed is the highest city in the Galilee and of Israel. Due to its high altitude, Safed experiences warm summers and cold, often snowy, winters. Since the sixteenth century, Safed has in the Land of Israel The Land of Israel is, according to the Hebrew Bible, the region which was promised by God to the descendants of Abraham through his son Isaac and to the Israelites, descendants of Jacob, Abraham's grandson. This land forms part of the Abrahamic, Jacob and Israel covenants. Mainstream Jewish tradition regards the promise as applying to all Jews; he published it in 1550-59.
Thirty-two authorities, beginning with the Talmud and ending with the works of Rabbi Israel Isserlein (the Terumath ha-Deshen), are briefly summed up and critically discussed in Beth Yosef. No other rabbinical work compares with it in wealth of material. Karo evidences not only an astonishing range of reading, covering almost the whole of rabbinic literature Rabbinic literature, in its broadest sense, can mean the entire spectrum of rabbinic writings throughout Jewish history. But the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writing, and thus corresponds with the Hebrew term Sifrut Hazal . This more specific sense of "Rabbinic, but also very remarkable powers of critical investigation. He shows no disposition to accept blindly the opinions of the ancient authorities, notwithstanding his great respect for them.
In the introduction to his monumental compilation, Karo clearly states the necessity of and his reasons for undertaking such a work. The expulsion of the Jews The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation. Converts to Judaism, whose status as Jews within the Jewish ethnos from the Iberian peninsula and the invention of printing endangered the stability of religious observances on their legal and ritual sides. By the 15th century, Jews in Spain Spain (pronounced /ˈspeɪn/ spayn; Spanish: España, pronounced [esˈpaɲa] ( listen)), officially the Kingdom of Spain (Spanish: Reino de España), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula.[note 6] Its mainland is bordered to the south and east by the Mediterranean Sea except for and Portugal Portugal /ˈpɔɹtʃʉɡəl/ (Portuguese: Portugal, Mirandese: Pertual), officially the Portuguese Republic (Portuguese: República Portuguesa; Mirandese: República Pertuesa), is a country located in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe and is bordered by the Atlantic Ocean to the west and were under two main traditions: the older tradition of Maimonides, whose school of thought is heir to the Talmudic academies of Babylonia via the scholars of North Africa; and the Ashkenazi school of the Tosafot The Tosafot or Tosafos are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes. The authors of the Tosafot are known as Tosafists ("ba'ale ha-tosafot"); for a listing see List of Tosafists whose tradition is based on independent casuistry (pilpul) methodology that was developed in France and Germany and sought to justify the Minhag or "customs of the country". Jews then living in the different kingdoms of Spain had their standard authorities to which they appealed. The most prominent of these were Maimonides Moses Maimonides, also known as Rambam, was a preeminent medieval Jewish philosopher; one of the greatest Torah scholars of the Middle Ages. He was born in Córdoba, Spain on Passover Eve, 1135, and died in Egypt on 20th Tevet, December 12, 1204. He worked as a rabbi, physician and philosopher in Morocco and Egypt. With the contemporary Muslim, whose opinions were accepted in Andalusia, Valencia, Israel and the Near East; Nahmanides Nahmanides, also known as Rabbi Moses ben Nachman Girondi, Bonastruc ça Porta and by his acronym Ramban, , was a leading medieval Jewish scholar, Catalan rabbi, philosopher, physician, kabbalist, and biblical commentator and Solomon ben Adret, whose opinions were accepted in Catalonia; and Asher ben Jehiel Asher ben Jehiel (1250 or 1259 – 1327) was an eminent rabbi and Talmudist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew acronym for this title, the ROSH (Hebrew, רא"ש, literally "Head"). His yahrzeit is on the 9 Cheshvan and his family, of German origin, whose opinions were accepted in Castile. When the Spanish-Portuguese exiles who were followers of Rambam came to the various communities in the East and West, where usages entirely different from those to which they had been accustomed prevailed, the question naturally arose whether the newcomers, the majority of whom were men of greater learning than the members of the host communities in Europe, should be ruled by the latter, or vice versa. The increase of printed books, moreover, spread the products of halakhic literature; so that many half-educated persons, finding themselves in possession of legal treatises, felt justified in following any ancient authority at will. Karo undertook his Beth Yosef to remedy this evil, quoting and critically examining in his book the opinions of all the authorities then known.
The Shulchan Aruch is largely a codification of the rulings of the Beth Yosef, divided normally into the chapters (simanim) of the Tur and further subdivided into paragraphs (se'ifim).
The standard authorities
Karo at first intended to follow his own judgment in cases of differences of opinion between the various authorities, especially where he could support his own view by the Talmud. But he abandoned this idea because, as he says: "Who has the courage to rear his head aloft among mountains, the heights of God God is the English name given to the singular omnipotent being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism?" and also because he thought, though he does not mention his conclusion, that he could gain no following if he set up his authority against that of the ancient scholars[citation needed]. Hence Karo took the Halakhot of Rabbi Isaac Alfasi Isaac ben Jacob Alfasi ha-Cohen (Hebrew: ר יצחק אלפסי) - also known as the Alfasi or by his Hebrew acronym Rif (Rabbi Isaac al-Fasi), was a Talmudist and posek (decisor in matters of halakha - Jewish law). He is best known for his work of halakha, the legal code Sefer Ha-halachot, considered the first fundamental work in halakhic (the Rif), Maimonides Moses Maimonides, also known as Rambam, was a preeminent medieval Jewish philosopher; one of the greatest Torah scholars of the Middle Ages. He was born in Córdoba, Spain on Passover Eve, 1135, and died in Egypt on 20th Tevet, December 12, 1204. He worked as a rabbi, physician and philosopher in Morocco and Egypt. With the contemporary Muslim, and Asher ben Jehiel Asher ben Jehiel (1250 or 1259 – 1327) was an eminent rabbi and Talmudist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew acronym for this title, the ROSH (Hebrew, רא"ש, literally "Head"). His yahrzeit is on the 9 Cheshvan (the Rosh) as his standards, accepting as authoritative the opinion of two of the three, except in cases where most of the ancient authorities were against them. (The result of this last exception is that in a number of cases Karo rules in favour of the Catalonian school of Nahmanides and ben Adret, thus indirectly reflecting Ashkenazi opinions, even against the consensus of Alfasi and Maimonides.) Karo very often decides disputed cases without regard to the age and importance of the authority in question, expressing simply his own views. He follows Maimonides' example, as seen in Mishneh Torah The Mishneh Torah subtitled Sefer Yad ha-Hazaka (ספר יד החזקה "Book of the Strong Hand,") is a code of Jewish religious law (Halakha) authored by Maimonides (Rabbi Moshe ben Maimon, also known as RaMBaM or "Rambam"), one of history's foremost rabbis. The Mishneh Torah was compiled between 1170 and 1180 (4930-4940), (the Yad Hachazakah), rather than that of Jacob ben Asher, who seldom decides between ancient authorities.
Several reasons induced Karo to connect his work with the "Tur", instead of Maimonides' code. In the first place, the "Tur", although not considered so great an authority as Maimonides' code, was much more widely known; the latter being recognized only among the Spanish Jews, while the former enjoyed a high reputation among the Ashkenazim Sephardi Jews, Mizrahi Jews, and other Jewish ethnic divisions and Sephardim 1st row: Maimonides • Isaac Abrabanel • Baruch Spinoza • David Nieto • Daniel Mendoza • David Ricardo , as well as the Italian Jews Italian Jews can be used in a broad sense to mean all Jews living or with roots in Italy or in a narrower sense to mean the ancient community who use the Italian rite, as distinct from newer arrivals who use the Sephardi or Ashkenazi rite. Secondly, it was not Karo's intention to write a code similar in form to Maimonides' work; he intended to give not merely the results of his investigations, but also the investigations themselves. He wished not only to aid the officiating rabbi The basic form of the rabbi developed in the Pharisaic and Talmudic era, when learned teachers assembled to codify Judaism's written and oral laws. In more recent centuries, the duties of the rabbi became increasingly influenced by the duties of the Protestant Christian Minister, hence the title "pulpit rabbis", and in 19th century in the performance of his duties, but also to trace for the student the development of particular laws from the Talmud through later rabbinical literature. Unlike the Tur, Maimonides' code included discussions of almost all fields of Jewish law, practical, and non-practical (such as laws of sacrifices, Messiah, Kings, etc). For Karo, being mostly interested in writing on the practical issues, the Tur was therefore a better choice.
Shulchan Aruch
Karo wrote the Shulchan Aruch in his old age, for the benefit of those who did not possess the education necessary to understand the Beth Yosef. The arrangement of this work is the same as that adopted by Jacob ben Asher in his Arba'ah Turim, but more concise; nor are any authorities given. This book, which for centuries was, and essentially still is, "the code" of rabbinical Judaism Judaism is the "religion, philosophy, and way of life" of the Jewish people. Judaism, originating in the Hebrew Bible and explored in later texts such as the Talmud, is considered by Jews to be the expression of the covenantal relationship God developed with the Children of Israel. According to traditional Rabbinic Judaism, God revealed for all ritual and legal questions that obtained after the destruction of the Temple in Jerusalem The Temple in Jerusalem or Holy Temple , refers to one of a series of structures located on the Temple Mount in the old city of Jerusalem. Historically, two temples stood at this location and functioned as the centre of ancient Jewish worship. According to classical Jewish belief, the Temple acted as the figurative "footstool" of God's, has a remarkable history. The author himself had no very high opinion of the work, remarking that he had written it chiefly for "young students" (Shulchan Aruch, Introduction). He never refers to it in his responsa Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them, but always to the Beth Yosef. The Shulchan Aruch achieved its reputation and popularity not only against the wishes of the author, but, curiously enough, through the very scholars who attacked it.
The history of the Shulchan Aruch is, in a way, identical with the history of rabbinical literature in Poland Poland /ˈpəʊlənd/ (Polish: Polska), officially the Republic of Poland (Rzeczpospolita Polska), is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north. The total area of for a period of two centuries. Recognition or denial of Karo's authority lay entirely with the Polish Talmudists. German A region named Germania, inhabited by several Germanic peoples, has been known and documented before AD 100. Beginning in the 10th century, German territories formed a central part of the Holy Roman Empire, which lasted until 1806. During the 16th century, northern Germany became the centre of the Protestant Reformation. As a modern nation-state, Jewish authorities had been forced to give way to Polish ones as early as the beginning of the sixteenth century; and in the last third of that century Judaism in eastern Europe Europe is one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural River, the Caspian Sea, the Caucasus region (Specification of borders) and the Black Sea to the southeast. Europe is bordered by the Arctic Ocean and had become so entirely absorbed in the new Kabbalistic Kabbalah is a discipline and school of thought concerned with the mystical aspect of Rabbinic Judaism. It is a set of esoteric teachings meant to explain the relationship between an eternal and mysterious Creator and the mortal and finite universe (His creation). While it is heavily used by some denominations, it is not a denomination in and of school of Isaac Luria that the study of the Talmud was greatly neglected. Karo had already been opposed by his Sephardi contemporaries, Yom-Tob Zahalon, who designated the Shulchan Aruch as a book for "children and ignoramuses" (in his responsa, no. 67, beginning), and Jacob Castro, whose work Erech ha-Shulchan consists of critical glosses to the Shulchan Aruch. Isserles and Solomon Luria were Karo's first important adversaries in Eastern Europe.
Further in response to those who wished to enforce the Shulchan Aruch upon the communities of those who follow Rambam Rabbi Yosef Karo wrote:
"Who is he whose heart conspires to approach forcing congregations who practice according to the RaMBaM of blessed memory, to go by any one of the early or latter-day Torah authorities?! ... Is it not a case of a fortiori, that regarding the School of Shammai—that the halakhah does not go according to them—they [the Talmudic Sages] said ‘if [one practices] like the School of Shammai [he may do so, but] according to their leniencies and their stringencies’: The RaMBaM, is the greatest of all the Torah authorities, and all the communities of the Land of Israel and the Arab-controlled lands and the West [North Africa] practice according to his word, and accepted him upon themselves as their Chief Rabbi. Whoever practices according to him with his leniencies and his stringencies, why coerce them to budge from him? And all the more so if also their fathers and forefathers practiced accordingly: for their children are not to turn right or left from the RaMBaM of blessed memory. And even if communities that practice according to the Rosh or other authorities like him became the majority, they cannot coerce the minority of congregations practicing according to the RaMBaM of blessed memory, to practice like they do. And there is no issue here concerning the prohibition against having two courts in the same city [‘lo tithgodedu’], since every congregation should practice according to its original custom…”
