How has Halakha changed over time and with American demographics? What is a posek's position on Halakha and leniency? As Orthodox Jews, how do we understand our relationship to Halakha? How does Halakha affect divorce? What is the Halakha for Conversion to Judaism? These articles from Rabbi Angel and other contributors cover a range of positions and thoughts on Halakha.
Halakhic Change vs. Demographic Change
This article was inspired by the critical work of Jacobs on the halakhic process, A Tree of Life (2000). His attention to the influences of social, economic, and political factors in halakha coincided with my interests in the sociology of pesika, halakhic decision-making, and in the development of Orthodox Judaism in the United States. In an earlier work, Jacobs asserted that “the Torah did not simply drop down from heaven but is the result of the divine-human encounter through the ages” (1995, 3). That is a statement that strongly lends itself to rejection by traditionalists, especially the Orthodox. Continue reading
Teaching the Wholeness of the Jewish People
Our heritage is rich and vast and we claim that we teach it. But do we truly understand the wholeness of the Jewish people, or is our knowledge really limited and fragmented? Do we, can we, inculcate the concept of Jewish unity in our students? If we as educators are unaware of or disinterested in Jews who have had different historic experiences than we have had, how can we convey the richness of Judaism? How can we, in fact, demonstrate the sheer wonder of halakhic Jewry without a sense of awe at the halakhic contributions of all our diverse communities throughout the world, thoughout the ages? Continue reading
Unilateral Divorce against the Husband’s Will
The Torah (see Deut. 24:1) describes a divorce occurring through a “writ of [marriage] termination” (sefer kritut) given by the husband. Indeed, the Mishnah (Yevamot 14:1) states: “A woman can be divorced when she agrees and when she does not agree; but a man divorces only at his will.” Thus, there seems to be no way in which a woman can receive a divorce if her husband is recalcitrant. Continue reading
Conversion to Judaism: Halakha, Hashkafa, and Historic Challenge
The Jewish community underwent cataclysmic changes during the course of the nineteenth century. While most of world Jewry was religiously observant in 1800, a large majority were no longer devoted to halakhic tradition by 1900. Nineteenth-century Orthodox rabbinic leadership had to cope with the rise of Reform Judaism, the spread of Haskala, the breakdown of communal authority over its members, the defection of Jews from Torah and mitzvoth-and from Judaism altogether. Continue reading
On How to Lean toward Leniency: Halakhic Methodology for the Posek
One of the very serious questions that faces every posek is what degree of flexibility does he have in determining his decisions, whether in the direction of stringency or that of leniency. Is he inexorably bound by the rulings of the Shulhan Arukh, for example? Or may he take a position which is more stringent than that of the Mehaber ? (It is generally agreed that he may add stringencies to his own private practices.) Conversely, can he take a position of leniency, which would seem to contradict the standard rulings? Continue reading
Halakhic Change vs. Demographic Change
This article was inspired by the critical work of Jacobs on the halakhic process, A Tree of
Life (2000). His attention to the influences of social, economic, and political factors in
halakha coincided with my interests in the sociology of pesika, halakhic decision-making, and in the development of Orthodox Judaism in the United States. In an earlier work, Jacobs asserted that “the Torah did not simply drop down from heaven but is the result of the divine-human encounter through the ages” (1995, 3). That is a statement that strongly lends itself to rejection by traditionalists, especially the Orthodox. Continue reading
Teaching the Wholeness of the Jewish People
Our heritage is rich and vast and we claim that we teach it. But do we truly understand the wholeness of the Jewish people, or is our knowledge really limited and fragmented? Do we, can we, inculcate the concept of Jewish unity in our students? If we as educators are unaware of or disinterested in Jews who have had different historic experiences than we have had, how can we convey the richness of Judaism? How can we, in fact, demonstrate the sheer wonder of halakhic Jewry without a sense of awe at the halakhic contributions of all our diverse communities throughout the world, thoughout the ages? Continue reading
Unilateral Divorce against the Husband’s Will
The Torah (see Deut. 24:1) describes a divorce occurring through a “writ of [marriage] termination” (sefer kritut) given by the husband. Indeed, the Mishnah (Yevamot 14:1) states: “A woman can be divorced when she agrees and when she does not agree; but a man divorces only at his will.” Thus, there seems to be no way in which a woman can receive a divorce if her husband is recalcitrant. Continue reading
Conversion to Judaism: Halakha, Hashkafa, and Historic Challenge
The Jewish community underwent cataclysmic changes during the course of the nineteenth century. While most of world Jewry was religiously observant in 1800, a large majority were no longer devoted to halakhic tradition by 1900. Nineteenth-century Orthodox rabbinic leadership had to cope with the rise of Reform Judaism, the spread of Haskala, the breakdown of communal authority over its members, the defection of Jews from Torah and mitzvoth-and from Judaism altogether. Continue reading
On How to Lean toward Leniency: Halakhic Methodology for the Posek
One of the very serious questions that faces every posek is what degree of flexibility does he have in determining his decisions, whether in the direction of stringency or that of leniency. Is he inexorably bound by the rulings of the Shulhan Arukh, for example? Or may he take a position which is more stringent than that of the Mehaber ? (It is generally agreed that he may add stringencies to his own private practices.) Conversely, can he take a position of leniency, which would seem to contradict the standard rulings? Continue reading