There are approximately 14 million Jews living in the world, distributed mainly in Israel, Europe and the United States. According to Jewish law a Jew is a person born of a Jewish mother. Although it is possible to convert, Jewishness is not primarily a question of belief. The decisive factor is biological descent rather than religious calling.
However, the question who is a Jew remains unanswered even in Israel. While ultraorthodox political powers stand up for the Halakha, which is an interpretation narrowing the notion of Jewish-ness, secular liberals want the notion to be further broadened.
Most Jews living in the Diaspora today do not have any religious feelings, the attraction of assimilation is quite strong. Israel is a secular country, for most of its citizens Jewishness means being part of a nation and not a religious community. Therefore we can examine Jews as a nation, a religious community or a civilisation.
The origins of Jewish law go back to the story of the biblical patriarchs Abraham, Isaac and Jacob. According to the story, God established a covenant with the patriarchs in order to take them and their descendants as his chosen people and to guide them to the Promised Land. The sons of Jacob became slaves in Egypt and were treated cruelly. God inflicted ten plagues on the Egyptians and parted the Red Sea, thus leading the Jews out of the country. According to historians this probably happened in the 14th century BC, in the times of pharaoh Ramses II. Then God revealed the Ten Commandments on Mount Sinai and gave over his laws, the Torah to the Jews.
With God's help the Jews managed to get to Canaan where a few hundred years later, in the times of Solomon (King David's son) the Temple, the most sacred place of the Jewish religion was built in Jerusalem. The Jewish people had been offering sacrifices to God at this place for hundreds of years. The Temple was demolished by the Babylonians in 586 BC and the Jewish people were forced out of their country and were allowed to come back only decades later. Then the Second Temple was built, however in 70 AD it was pulled down by the Romans. This started the galut, the 2000-year old dispersion of the Jewish people.
The Halakha was guidance for the Jewish people in exile all over the world. This enabled the Jewish people suffering so much during history to remain
The first 15 countries - according to the number of Jews
| Order | Country | Number of Jews | Rate of Jews considering the total number of citizens (%) | Number of Jews considering the total number of Jews in the world (%) |
| 1. | USA | 5 914 682 | 2,00 | 40,50 |
| 2. | Israel | 5 021 506 | 76,00 | 34,40 |
| 3. | Russia | 717 101 | 0,50 | 4,91 |
| 4. | France | 606 561 | 1,00 | 4,16 |
| 5. | Argentina | 595 379 | 2,00 | 2,91 |
| 6. | Canada | 393 660 | 1,20 | 2,70 |
| 7. | United Kingdom | 302 207 | 0,50 | 2,07 |
| 8. | Brazil | 295 125 | 0,07 | 2,00 |
| 9. | Germany | 200 000 | 0,24 | 1,38 |
| 10. | Ukraine | 142 276 | 0,30 | 0,98 |
| 11. | Australia | 90 406 | 0,45 | 0,62 |
| 12. | South-Africa | 88 688 | 0,20 | 0,61 |
| 13. | Beloruss | 72 103 | 0,70 | <0.5 |
| 14. | Hungary | 60 041 | 0,60 | <0.5 |
| 15. | Mexico | 53 101 | 0,05 | <0.5 |
Sergio DellaPergola, "World Jewish Population 2002", American Jewish Year Book, 102, New York 2002
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a united people and made their religious literature flourish. The rabbis became the spiritual leaders of the Jews. In about 200 Rabbi Yehuda ha-Nasi compiled the Mishnah, which is a book summarising the oral traditions in 6 volumes. It was followed by the Jerusalem and Babylonian Talmud a few hundred years later, which contains the debates of the rabbis over the oral law. In the meantime two major groups evolved among Jews:
- the Ashkenazim, Jews from Eastern and Central Europe (their language is Yiddish) and
- the Sephardim Jews in the south of Europe and in North Africa (their language is Ladino).
In the 16th century Rabbi Yosef Karo composed the Shulchan Aruch, a written codex literally meaning "a set table", which together with the commentaries made by Rabbi Moshe Isserlis, became the Code of Jewish Law for Jews all over the world.
Later, from the 18th century, different schools were formed within the Jewish community united hitherto. Besides the orthodox tradition, the Has-ssidim appeared, followed by liberal reform communities affected by the Enlightenment and the conservatives trying to find a middle way between traditional and liberal thinking.
At the end of the 19th century it seemed that as Jews became full citizens and could freely mix with their neighbours, antisemitism would disappear. Unfortunately this was not the case. Antisemitism became even stronger for a number of reasons. Antisemitism was everywhere. In this period many Jews started a journey to the Promised Land and settled in Palestine. During World War II six million Jews were persecuted in the Holocaust. As a result, European Jewry was decimated. After the war, in 1948 Israel was established as a Jewish state. Today, a loyalty to the State of Israel is a unifying factor among Jews in the world.
The more than three thousand years old religion of the Jewish people is a belief in a single God. In its centre stands not a prophet or a saviour but the chosen people.
The basic law of Judaism, the Torah (the Law of Moses) governs the everyday life of a religious Jew and determines the broader social structure as well. Judaism is based on rules and compulsory deeds, however it has preserved the freedom of thought: there are no dogmas, however some things - for example the existence of God - are considered unquestionable. Besides it preserves and respects several non-compulsory teachings.
Israel's fate is determined by the covenant established between the Jewish people - "God's chosen people" - and God. "At the end of times" God judges all peoples, brings eternal peace, leads back the dispersed to Jerusalem and sends the Saviour (Messiah). The religious symbol of Judaism, two triangles joined together to form the Star of David with six points, signifies earthly life pervading God's presence.
Judaism was the first religion to melt cult and belief with morality. The laws govern one's everyday life. The 613 commandments of the Torah (248 obligations and 365 prohibitions) determine everything from the cradle to the coffin.
The biggest influence of Judaism on world history is the thought of the unity of the family. The Genesis teaches that all men and peoples descend from one parent, Adam. The mission of Israel as "the first-born son" of God is to be the teacher and priest of all people and to set an example for the family of peoples by preserving the moral laws of and worshipping the single God.
As a universal religion it differs from every other religion. It is not a system of beliefs and dogmas on the acceptance of which salvation or redemption depends. Judaism is the system of a good and just life: it shows the laws that enable one to lead such life. Judaism is primarily the codification of righteousness.
According to its ethics it is an obligation to practice justice and love towards the oppressed, the poor, orphans, homeless, the persecuted, the aliens and criminals. The Torah prohibits adultery, prescribes the cleanness of heart and body. All forms of profligacy are considered sinful. Even blasphemy is strictly condemned. Judaism also means the belief in truth. The same applies to its encouragement of culture and education. Teaching and the establishment of educational institutions is an obligation for parents and religious communities. Judaism introduced the first organised form of charity by prescribing the obligation of donations on a moral basis.
The most characteristic feature of Judaism is that while God is considered the father of all mankind, it separated the Jewish people as "God's chosen people". The national consciousness deriving from this separation later was the base for the worldwide hostility, aggression, the chain of persecutions (an-tisemitism). The Jews were conscious of their calling, the "people of the ten commandments" considered itself as a "priestly people" among other peoples. The separation laws became the starting point of antisemitism.
The Sabbath is the holy day of the Jews. It lasts from sunset on Friday to Saturday evening. It reminds Jews that God created the world in six days
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and took a rest on the seventh. Sabbath is the day of rest, it is forbidden to work on that day. Sabbath candles are lit in Jewish homes on Friday evening and the family eats together. Many Jews visit the synagogue on the Sabbath.
Jewish laws contain many regulations regarding food. Food has to be strictly kosher that is "fit for consumption". According to the dietary laws meat and milk cannot be served in the same meal, or cooked using the same dishes and utensils. The Torah prohibits the consumption of pork, non-fish seafood, and wild games.
There are many holidays during the year celebrating landmark events in the long history of the Jews. One of the most important is Pesach or Jewish Passover, a week-long holiday at the end of March, beginning of April. The holiday commemorates the end of slavery and the exodus of the Jews from Egypt. On the first evening of Passover a ritual feast, Seder takes place. The story of Passover is read from a book called the Haggadah.
Rosh Hashanah is the Jewish New Year celebrated in September or October. Ten days later it is followed by Yom Kippur, the 'Day of Atonement", a day on which Jews pray for forgiveness for their sins and fast.
Life-cycle events are commemorated through special rites of passage. When a male Jew is thirteen, he becomes full member of the congregation. It is celebrated during Bar mitzvah ("the son of the commandments"), when the boy reads a section from the Torah in Hebrew and leads the prayer. In some synagogues girls participate in a similar ceremony called bat mitzvah ("the daughter of the commandments"). From this date they can exercise rights and fulfil obligations according to the law, they are obliged to observe the rules and the commandments.
Jewish marriage can take place at home or in the synagogue. At the wedding the bride and the groom stand under the "chupah", while the rabbi conducts the ceremony. It is under the chupah that the bride and the groom exchange the rings and the wedding vows and then they drink a glass of wine together. At the end of the ceremony, the groom breaks a glass with his foot, symbolizing the destruction of the Temple in Jerusalem.
Jewish law today cannot be classified as law. It was interpreted as law when it existed in the separate state of the Jewish people as the sum of all norms within their legal system. Neither the law of the state of Israel founded in 1948 is identical with the system of rules and regulations called Jewish law. Jewish law today falls more under the notion of morality. It means the codes of conduct controlling the cohabitation of people in a society and the relation of observant members of the society to God. For these observant Jews these rules determine their everyday life even today.
Jewish law had a great influence on Christian law, mainly in the field of family law. Besides it is a mediator of other legal systems (Babylonian, Egyptian).
The Torah is the Hebrew name of the first five books of the Bible, also known as the Five Books of Moses. The Torah means Law as it mostly contains moral, religious and social laws. For a person today it might be surprising to see how religious the legal system looks. A similarity can be observed with other eastern peoples but not to such extent. The law is dictated to the people of Israel by God, it is God that controls the relationship between God and man and the whole society and the explanation of why the law shall be observed is also religious. It is quite obvious in case of the Ten Commandments or laws regarding the religious service, however the same applies to civil and criminal law. Legislation stands before us as the consequence of the time spent in the desert. God made a covenant with the people there and the law book is the document of this covenant.
The basic laws of the covenant are the Ten Commandments written on two stone tablets and given to Moses on Mount Sinai. Two quite different texts of it appear in the Bible at two places (Exodus 20:217 and Deuteronomy 5:6-21). The two texts derive from a shorter, simpler form considered to originate from Moses.
There is an explicit similarity between the laws and customs of the Jewish people and the laws of ancient Babylon and Mesopotamia. Although Israel's laws were written down later than the laws and contracts of Mesopotamia, they were sure to have same historical background. The expressions used in Jewish law codices resemble the vocabulary in the Code of Hammurabi, in Assyrian legal texts and in the laws of the Hittites. However, it does not mean that Jewish law could be directly derived from any legal system.
The legal corpus of the Old Testament is a collection of commandments. Legal codes in the east are generally like that. The law books in the Old Testament are even less unified than other similar collections. Moral, religious and ritual commandments can be found in it along with regulations of civil and criminal law.
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What laws should Jews abide to if they want to stay alive? The most important and primary is for Jews to remain faithful to God.
Many laws deal with the right treatment of members of society who are weak and oppressed. Israelites shall not treat their paid servants roughly and unjustly nor shall they deceive fatherless orphans. Widows and those in need should get a portion of their produce.
Three times a year, at the pilgrimage festivals all male adults should appear at the central place of the worship of God.
God promised Abraham that he shall become the father of a great nation and as a symbol of this promise the rite of circumcision was introduced (Genesis 17). Since then each Jewish male is circumcised on the eighth day after birth. "[...] I will sustain My covenant between Me and between you, [...] an eternal covenant".
The Talmud (in Hebrew "teaching, study") is a major product of post-biblical literature containing biblical commentaries and Jewish religious laws. It includes the Mishnah and the Gemara, a collection of about 800 rabbinic discussions. It reflects the changes in the spiritual, social, legal and religious life of old Jewry from the end of the biblical canon to the 6th century AD. The source of the Talmud are written records such as the Bible and the oral tradition.
The interpretation of the Bible evolved in two directions. On the one hand, it was used for the purposes of moral theories, religious encouragements thus forming the Haggadah as the interpretation of the Bible. On the other hand, according to certain logical rules laws governing practical life were derived form the Bible, which resulted in the Halakha. The main parts of the Talmud are then these two products of the interpretation of the Bible, the Haggadah and the Halakha. This is further extended with the tradition, the origins of which can partly be found with Moses. After Moses' death the tradition was safeguarded by the priests and the elderly, while in the times of the Babylonian captivity the members of the so called Great Assembly and scientists called Tannaim kept it alive. It is only natural that much of the tradition kept only orally during history sank into oblivion and got lost or changed as conditions changed and was extended with new elements. In order to protect the biblical interpretations from voluntary or deliberate changes or to keep them alive to memory, there were many who collected it. In about 189 AD Yehuda (in Hebrew Yehuda ha-Nassi, the Rabbi), the head of the Sanhedrin at the time, edited the Mishna on the basis of these earlier collections and included in it the tradition, the Halakha and the Haggadah as well. Those parts of the tradition and the biblical commentaries that were omitted or forgotten were collected in the Tosafot, the individual pieces of which are called baraitot.
The main parts of the Mishnah:
The Mishnah is divided into six orders:
- First order: Zeratim (Seeds): Tractates dealing with agricultural laws, mainly regarding the land of Israel, what is that has to be divided from the product and given to the poor and the laws of the blessings.
- Second order: Moed (Festival Days): Laws concerning the Sabbath, the days of fasting and the festivals.
- Third order: Nashim (Women): Laws concerning marriage and the obligations derived from it.
- Fourth order: Nezikin (Damages): This order deals with civil and criminal law, with corporal and capital punishment, with the establishment and functioning of the rabbinical court, with faulty orders issued by the courts and with court procedures. These tractates discuss laws on idolatry and how to avoid it and it includes the opinion of the Wise on different halakhic topics as well as ethical topics.
- Fifth order: Kodashim (Holy things): discusses laws on sacrificial rites and the Temple.
- Sixth order: Toarot (Purity): pertains laws of ritual purity and impurity.
The main parts include tractates, which are further divided to chapters. The title of the chapters is the first word in the chapter. The chapters are composed of even smaller units.
The work done by Yehuda was a milestone in the development of the Talmud as the tradition codified in the Mishnah became the centre on which - beside the study of the Bible - the spiritual activity of Jewish schools focused. The Bible and the Mishnah were discussed in them and religious life affecting social and legal relations was also developed further. The name Amoraim denotes those keeping the Mishnah and interpreting the Bible.
The Gemara
The collection of Mishnah and Bible interpretations made by the Amoraim is called the Gemara. The Gemara and the Mishna together make up the Talmud. The material for the first Gemara was compiled in the 4th-5th century AD written in Aramaic. It is incomplete and fragmentary and was overshadowed by the Babylonian version, the Gemara material of which had been collected about 500 AD. The Gemarah is not a running commentary to the Mishnah but the compilation of works and discussions on
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the Bible, the Mishnah, the non-mishnaic sources and old biblical interpretations. The discussions are presented in short dialogues including questions and replies in Aramaic or Neo-Hebrew style without diacriticals. The purpose of the Gemara is to find the biblical source of a mishnaic statement, to reveal the way it was done and then compare it with other related statements that occur in either the Mishna or in the Tosafot. It is mostly done in the form of a dialogue, which makes presentation vivid and colourful, sometimes dealing with quite distant subjects. Topics can suddenly change from legal to religious matters, from rituals to ethics. For example while discussing contagious diseases it admires the most beautiful poetical details. Historical and linguistic data are followed by data on natural sciences and by data regarding the non-Jewish popular beliefs of the time.
Two kinds of Talmud exist:
- the Palestinian Talmud that is Western (in Hebrew Talmud Yerushalmi)
- and the Babylonian that is Eastern (In Hebrew Talmud Bavli).
The Palestinian Talmud includes commentaries of rabbinical schools, while the Babylonian Talmud records the knowledge of areas where Babylonian and Aramaic languages were spoken.
Halakha (the meaning of the word is a "road to walk") deals with the rules, regulations, customs governing the life of the religious Jew. It is a general term referring to Jewish law: it includes key final decisions and the answers to the most specific issues. First of all it deals with biblical laws and commandments found in the written and oral Torah. Apart from this it includes rabbinical laws, decisions by rabbinical courts, which were formed into responses and commentaries by great rabbinical scientists over time. All this serves a base and precedent for the permanent functioning of religious legislation. Halakha is not theory but practice. Halakha is not philosophy but law. Although its source is belief, its focus is on action. Halakha deals with the application of the commandments, mitzvot in all situations and under any circumstance. Halakha requires commitment in behaviour. It deals with ethical duties and religious obedience.
As a Jewish legal system it deals with all aspects of life concerning relations between man and man as well as man and God. Therefore Halakha does not only deal with questions generally thought to belong to the area of rituals and religion but also with topics that non-Jewish scientists mostly consider part of ethics, civil or criminal law. As Halakha deals with everything we can say that Judaism deals with everything. There is no aspect of human behaviour that is not discussed in it or which is not governed by it. Dietary laws, sexual life, business ethics, social activity, entertainment and artistic expression all fall under the religious laws, values and spiritual guidance of Judaism. Judaism does not separate itself from any aspect of life and is not limited to a ritual activity meaningful only in the context of the supernatural. The fact that Jewish people live a full but strict life according to the commandments is the reflection of life as a whole.
It is a religious tradition that was inherited. It is the reason why Israel's prophets were talking about and fighting for social justice, the elimination of poverty, for the sanctification of the Sabbath, for the elimination of idolatry with the same intense passion. All books on Judaism emphasize that Judaism is a life style, that it is action and not belief. We should not diminish the central role of theory. However, the focus should be put on actions. The essence of Jewishness is not the fulfilment of theoretical requirements or the acceptance of dogmas but the practical application of the Torah and the mitzvot maasiyot (the norms of traditional observance).
The Shulchan Aruch (in Hungarian "set table"), the work of Yosef Karo is the most authoritative compilation of the Halakhic legal system. It was composed by Yosef Karo and his students on the territory of the Ottoman Empire and Eretz Israel (Cfat) in the 16th century
A Jewish legal codex lists and systemizes religious laws according to topics. The main difference between codex literature and the talmuds is that while the talmud records a debate on a particular topic and includes the material connected to it, its codified version only contains the result of the particular debate concluded with the help of rabbinical rules. The advantage of the codex is that in case of practical questions, they are more practical and simpler to use than the talmuds. Their disadvantage is that they do not include the source and the reason of the ruling behind a particular law, neither the opinion that was defeated in the debate.
The Shulchan Aruch is not the only written legal codex, however it is the most popular. Its text includes many earlier texts. The most important earlier codices are: the codex of Rabbi Yitzhak Alfasi (RIF), the Mishne Torah of Maimonides (Rambam) in other words Yad and the codex of Asher ben Yehiel (ROS), and the Arba'h Turim by Jacob ben Asher, the structure of which is the same in the Shulchan Aruch.
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Both the Arba'h Turim and the Shulchan Aruch have four parts:
- Orach Chajim (deals with prayers, liturgical and synagogue questions)
- Yoreh De'ah (laws of kashrut)
- Even Ha'Ezer (family law topics, marriage, divorce, purity during marriage)
- Choshen Mishpat (civil law questions, damages, laws of witnesses)
The Shulchan Aruch was composed on Sephardic territory therefore its application by Ashkenazi communities requires commentaries. These were written by Moshe Isserles under the title Darkei Moshe.
Latest research on clones created under laboratory circumstances through "in vitro fertilization" from duplicated genes gave rise to hot debate among Ha-lakha scholars as existing and applicable precedents are not suitable for getting guidance from. The question will really become acute when scientists try to create a highly developed living creature such as a human with similar methods.
The issue is very sensitive as the Talmud at one place says that "if all the kings of east and west gather together they are not able to create a mosquito" and now it seems that a sheep has already been created, if not by kings, by scientists. The question is whether "cloning" can be considered creation?
In the opinion of Moshe Botschko, head rabbi of an Israeli yeshiva "a creature born through genetic duplication is not considered human - It is clear beyond all doubt that the life form created in some scientific institution will be an animal that walks on two feet, no more. Anyone who kills a creature of this type will not be indicted, because he has not killed a man," he says. Humans are responsible for their actions and it is personal responsibility. However, if a human is created in a laboratory, it is not he who is held responsible for his actions but the person who cloned or duplicated him. His opinion has been accepted and not been questioned so far.
The holy books of Judaism (Halakha, Torah, Talmud, Commentaries) contain an unambiguous, clear-cut
statement on the absolute protection of life even at the end of life. In Judaism human life is of the greatest value and as a result all types of murder are forbidden. A dying person shall be handled as if he was healthy. According to the Babylonian Talmud "the dying shall be handled as a living in every respect", at another place "it is indifferent whether somebody kills a healthy or a fatally ill patient or a dying patient, he has committed homicide". (Maimonides: Commentary to the Babylonian Talmud). The Torah does not differentiate between killing a child or a hundred-year-old. The Halakha definitely prohibits the doctor from "redeeming the patient of his suffering" or helping the patient to commit suicide. The prohibition of suicide and the shortening of life in Judaism have their source in the teaching according to which life is not the possession of man but God.
At present "active euthanasia" is definitely prohibited. However, it is disputed whether medical treatment using up-to-date medical equipment can be abandoned in order to ensue natural death. It is only a few rabbis saying that the treatment should be continued even with a dying person, while according to the majority "modern means" can be abandoned in a terminal case. The dispute is over the type of "modern equipment" that can be abandoned (e.g. the question whether reanimation and machine respiration after heart stoppage in a terminal condition acceptable or not). However, according to the majority the patient cannot be deprived of food, drink, oxygen, antibiotics, nor the respiratory machine shall be turned off.
Thus, the basic standpoint of Jewish law is identical with that of the Catholic Church.
The Israeli National Labour Court has put an end to a very long debate when it issued a decree on the start of the Sabbath. According to this the Sabbath starts on Friday afternoon at sunset and not at midnight.
In Israel the opening hours on the Sabbath are regulated in a law. The person who breaches the law commits minor offence. When the Labour Ministry wanted to sue a shopkeeper for not observing the Sabbath, he argued that he was innocent as the Sabbath starts only at midnight. A minor court accepted the argumentation.
After appeal the High Labour Court overruled it by saying that the tradition of thousands of years is still valid and thus the Sabbath starts on Friday afternoon before dark when the women light the Sabbath candles.
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In Israel religious, clerical and secular law is not separated. This melting is reflected in the Israeli Declaration of Independence, the first sentence of which is the following: "The Land of Israel was the birthplace of the Jewish people". The Declaration puts the State of Israel on religious grounds.
In Israel there are two judicial systems existing side by side, the orthodox and the secular. These rule independently of each other, however for citizens the verdicts of both are legally binding. This means that religion gets a role in several aspects of life. Laws regarding circumcision, marriage, divorce, funerals and other issues are strict religious commandments, the source of which goes back to the ancient history of the Jewish people. For example according to a law in the Old Testament a woman applying for divorce must obtain a written document called "get". This certifies that she has separated from her husband. If she lacks such a document they remain bonded.
Men with the surname Kohn cannot marry a divorcee. The word Kohn means priest and people with this family name are considered descendants of the priest serving in the Jerusalem Temple. A Kohn can only marry a single woman, according to the tradition an untouched woman (one thing is tradition and the other is reality as in modern Israel this condition can rarely be fulfilled). This commandment will gain its religious meaning at the time when the Saviour comes and the Third Temple is built as all Kohns will get back to serve. If all Kohns observe the law and marry accordingly until that exalted moment arrives they and their descendants remain pure. If one of them marries a divorcee, he will leave a mark on the purity of their belief. If a Kohn intends to marry a divorcee they have to travel outside Israel in order to take their marriage vows in a civil ceremony. One of the most popular wedding destinations is the island of Cyprus where the newlyweds can spend their honeymoon right after the ceremony.
Israeli laws reflect the wide variety of citizens and their distinct history. Some laws were brought by Jewish immigrants arriving from distant countries, some were kept alive from the times of the Ottoman Empire ruling for almost four hundred years. There are some laws which were passed during British rule and are still in effect today. The majority of these laws are still valid today, however they are mostly incongruent.
Israel does not have a written constitution. Every two-three years a Member of Parliament makes a proposal for drafting a written constitution but everybody would like to see his own version on paper.
1.) Szathmáry Béla, A zsidó jog alapjai, Századvég-Lux, Bp., 2003
2.) Cohn-Sherbok Dan, Lavina, A judaizmus rövid története, Akkord Kiadó" 2001
3.) Naftali Kraus, Mit mond a Halacha a modern élet kérdéseiről?, Adoc-Semic Kiadói és Nyomdai Kft., 2005 ■
Lábjegyzetek:
[1] The Author is a PhD-student.
Visszaugrás
