Editing Orthodox Judaism (section)

=== Law, custom, and tradition ===
The ''halakha'', like any jurisprudence, is not a definitive set of rules, but rather an expanding discourse. Its authority is derived from the belief in divine revelation, but rabbis interpret and apply it, basing their mandate on biblical verses such as ''and thou shalt observe to do according to all that they inform thee''. From ancient to modern times, rabbinic discourse was wrought with controversy (''machloket'') and sages disagreeing over various points of law. The [[Talmud]] itself is mainly a record of such disputes. The Orthodox continue to believe that such disagreements flow naturally from the divinity of Jewish Law, which is presumed to contain a solution for any possible question. As long as both contesting parties base their arguments on received [[hermeneutics]] and precedents and are driven by sincere faith, ''both these and those are the words of the Living God'' (Talmudic statement originally attributed to a [[Bath Kol|divine proclamation]] during a dispute between the [[House of Hillel]] and [[House of Shammai]]).<ref>See also: Michael Rosensweig, ''[https://www.jstor.org/stable/23260661 Elu va-Elu Divre Elokim Hayyim: Halakhic Pluralism and Theories of Controversy]''. Tradition: A Journal of Orthodox Jewish Thought. Spring 1992.</ref> Majority opinions were accepted and reified, though many disagreements remain unresolved as new ones appear. This plurality of opinion allows [[Posek|decisors]], rabbis tasked with determining the legal stance in subjects without precedent, to weigh a range of options, based on methods derived from earlier authorities. The most basic form of ''halakhic'' discourse is the [[History of responsa in Judaism|responsa literature]], in which rabbis answered questions directed from commoners or other rabbis, thus setting precedent.<ref>{{Cite journal |last=Woolf |first=Jeffrey R. |date=1993 |title=The Parameters of Precedent in Pesak Halakhah |url=https://www.jstor.org/stable/23260884 |journal=Tradition: A Journal of Orthodox Jewish Thought |volume=27 |issue=4 |pages=41–48 |jstor=23260884 |issn=0041-0608}}</ref>

The system's oldest and most basic sources are the [[Mishna]] and the [[Talmud]]s, augmented by the [[Geonim]]. Those were followed by the great codes which sought to assemble and standardize the laws, including [[Isaac Alfasi|Rabbi Isaac Alfasi]]'s ''[[Hilchot HaRif]]'', Maimonides' ''[[Mishneh Torah]]'', and [[Rabbi Asher ben Jehiel]]'s work (colloquially called ''the Rosh''). These three works were the main basis of [[Rabbi Jacob ben Asher]]'s ''[[Arba'ah Turim]]'', which in turn became the basis of one of the latest and most authoritative codifications – the 1565 ''[[Shulchan Aruch]]'', or "Set Table", by [[Rabbi Joseph Karo]]. This work gained canonical status and became almost synonymous, with the ''halakhic'' system. However, no later authority accepted it in its entirety (for example, Orthodox Jews wear phylacteries in a manner different from the one advocated there), and it was immediately contested or re-interpreted by various commentaries, most prominently the [[gloss (annotation)|gloss]] written by Rabbi [[Moses Isserles]] named ''HaMapah ("The Tablecloth")''. ''Halakhic'' literature continued to expand and evolve. New authoritative guides continued to be compiled and canonized, until the popular 20th century works such as the ''[[Mishnah Berurah]]'' arrived.

The most important distinction within ''halakha'' is between all laws derived from God's revelation (''[[d'Oraita]]'') and those enacted by human authorities ([[De-'oraita and de-rabbanan|''d'Rabanan'']]), who are believed to have been empowered by God to legislate as necessary. The former are either directly understood, derived via various hermeneutics or attributed to commandments handed down to Moses. The authority to pass measures ''d'Rabanan'' is itself subject to debate – Maimonides stated that absolute obedience to rabbinic decrees is stipulated by the verse ''and thou shalt observe'', while [[Nachmanides]] argued that such severity is unfounded, while accepting such enactments as binding, albeit less so than the divine commandments. A Talmudic maxim states that when in doubt regarding a matter ''d'Oraita'', one must rule strenuously, but leniently when it concerns ''d'Rabanan''. Many arguments in ''halakhic'' literature revolve over whether a detail is derived from the former or the latter source, and under which circumstances. Commandments or prohibitions ''d'Rabanan'', though less stringent than ''d'Oraita'', are an important facet of Jewish law. They range from the 2nd century BCE establishment of [[Hanukkah]], to bypassing the Biblical ban on charging interest via the ''[[Prozbul]]'', and up to the 1950 marital rules standardized by the [[Chief Rabbinate of Israel]], which forbade [[polygamy]] and [[Yibbum|levirate marriage]] even in communities that still practiced them.<ref>For a good introduction to ''halakha'' see: {{Cite book |last1=Broyde |first1=Michael J. |first2=Ira |last2=Bedzow |url={{google books |plainurl=y |id=b9wunwEACAAJ |page=1}} |pages=1-6, 368-370 |title=The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura |date=2014 |publisher=Academic Studies Press |isbn=978-1-4936-1211-6}}</ref>

A third major component buttressing Orthodox and other practice is local or familial custom, ''[[Minhag]]''. The development and acceptance of customs as binding, more than disagreements between decisors, is the main source of diversity in matters of practice across geographic or ethnic boundaries. While the reverence accorded to ''Minhag'' across rabbinic literature covers the extremes, including "a custom may uproot ''halakha''" and wholly dismissive attitudes,<ref>For example: {{Cite journal |last=Brown |first=Benjamin |date=2018-01-01 |title=A translated chapter from: The Hazon Ish: Halakhist, Believer and Leader of the Haredi Revolution: "The Gaon of Vilna, the Hatam Sofer and the Hazon Ish – Minhag and the Crisis of Modernity" |lang=en |url=https://www.academia.edu/36530833 |journal=Hakirah}}</ref> it was generally accepted as binding by scholars, and drew its power from popular adherence and routine. [[Ashkenazim]], [[Sephardim]], [[Teimanim]], and others have distinct [[Nusach (Jewish custom)|prayer rites]], [[kosher]] emphases (for example, by the 12th century, it became an Ashkenazi custom to [[Kitniyot|avoid legumes]] in [[Passover]]) and other distinctions. The influence of custom upset scholars who noted that the common masses observe ''Minhag'', yet ignore important divine decrees.