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Scottish Council of Jewish Communities (SCoJeC)
Scottish Council of Jewish Communities (SCoJeC)
Scottish Council of Jewish Communities (SCoJeC)

 

Judaism and the Jewish Community

Introduction:
The Basic Sources and Beliefs of Judaism

 
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The "Written Torah"

The source of all Jewish law (halachah) is the Hebrew Bible, but the biblical text itself requires interpretation in order to form the basis of a code of law. The Bible consists of three parts: the Torah (meaning “teaching, direction”), the Prophets; and other scriptures including the books of Psalms and Proverbs, collectively known as TaNaCh, an abbreviation for these three sections.

The Torah is made up of the “Five Books of Moses”:

Genesis tells the creation narrative and the story of Noah’s Flood, which both emphasise the common origin of all humanity. The “Seven Laws of Noah” (Genesis 9) set the basic standards for civic society, including the establishment of a legal system. The rest of the book is primarily the story of Abraham, the founder of monotheism, and his descendants (the “twelve tribes”) until famine forces them to seek refuge in Egypt.

Exodus tells the story of the enslavement of ‘the Children of Israel’ and their deliverance under the leadership of Moses, which marks the beginning of the Jewish people as a collective entity. The account of the revelation of the Ten Commandments to Moses on Mount Sinai (Exodus 21) is preceded by Moses setting up a judicial system, and immediately followed by rules of ethical and equitable conduct.

Leviticus consists primarily of rules for the Temple service, but also agricultural laws which include providing for the poor and disadvantaged. (Leviticus, 19; cf Deuteronomy 24)

Numbers continues the narrative of the wanderings of the Jewish people in the wilderness of Sinai for forty years.

Deuteronomy consists of a series of farewell addresses by Moses to the Jewish people, which reiterate and reinforce both ethical and ritual laws, before his death and their return to the Land of Israel.

 

The "Oral Torah"

The “oral law” provides the interpretation of the written Torah, and was first codified in the Mishnah (which includes rabbinic disputes as to the correct interpretation of the Torah) around 200 CE.

The Talmud is then a record of further debate around the interpretation and practical implications of the Mishnah:

the “Jerusalem Talmud” continues the discussion in the Mishnah, and was recorded in Galilee around 350 CE.

the much longer Babylonian Talmud is the primary authoritative source of orthodox Jewish religious law, but is difficult to use as a source of practical rulings because its more than 5,400 pages often read like the minutes of a 300 year long debate!

The Mishnah and Talmud are divided into six ‘Orders’ which deal with:

agricultural rules,

Shabbat and festivals,

marriage and divorce (much of which extends to contracts in general),

civil and criminal law (including legal procedure and determination of damages),

the Temple service, and

spiritual purity and impurity

Codifications developed in medieval times, such as the Mishneh Torah (“Review of the Torah”, c.1170–80) of Maimonides (known as the “RaMBaM”), and Joseph Karo’s Shulchan Aruch (“Arranged Table”, 1563). Many subsequent commentaries and collections have followed till the present day.

The Talmud and subsequent Codes include legal and social legislation that is still applied in Jewish courts (“Batei Din”, singular “Bet Din”), for example:

Decisions are made by a simple majority, so there must be an odd number of judges to ensure a majority is possible.

Monetary cases (civil claims, theft, personal injury, etc) are adjudicated by 3 judges. (In Talmudic times, capital cases were tried by a “small Sanhedrin” of 23 judges, and proceedings for communal wrongdoing required a “Great Sanhedrin” of 71 judges.)

Judges must be impartial and not show favour on any grounds.

Bribery “blinds the eye of the wise and perverts the words of the just” (Exodus 23).

Evidence requires corroboration (Deuteronomy 17).

Inadvertence, negligence, ignorance, duress are not deliberate wrongdoing (mens rea).

The same law applies to the native and the foreigner (Exodus 12, Leviticus 24, Numbers 15).

“The law of the land is the law” (so if parties wish, Batei Din can arbitrate on civil cases).

 

Social Justice

Examples of biblical obligations that protect the needy and promote social justice:

Not withholding wages or charging interest (Leviticus, 19)

Returning pledged clothing and bedding overnight (Exodus 22)

Leaving the corners of fields for the poor to glean (Leviticus 19)

Not returning to collect dropped stalks or forgotten sheaves (Deuteronomy  24)

Produce is ownerless, so available to all, every seventh year (Exodus 23; Leviticus 25)

Land sales revert to original owner in Jubilee year (Leviticus 25)

Most of these rules are only applicable in the agricultural society of the Biblical era – e.g. gleaning in the story of Ruth – and are dependent on the existence of the Temple in Jerusalem, so do not apply today.

 

Non-Jewish People

With the exception of the Seven Laws of Noah, Judaism does not regard Jewish law as obligatory for non-Jewish people, nor does it seek to covert others (in fact it discourages them). These seven rules are: the establishment of a legal system, and prohibitions against idolatry, blasphemy, murder, sexual immorality, theft, and eating flesh from live animals.

Judaism does not require or even expect non-Jewish people to live by our rules, to observe our Shabbat, to eat only kosher food, etc. Eating pork, like oppressing the poor, is wrong for Jewish people according to the rules of their own faith, but in a free world it is for other people to make their own judgements. Judaism provides a way of life for Jewish people to aspire to, as we strive to be "a light to the nations", and point the way to Tikkun Olam (making this a better world).

 
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Suggested discussion questions and activities

Are good leaders always teachers in some way?

What difference does it make if a religion is linked to one particular people or country?

What are the advantages or disadvantages of people of a particular faith living together in the same area?

Which other faiths also regard Abraham as an important historical figure?

Why might people from the same or different religions interpret the same texts differently?

The State of Israel provided a refuge for Jewish people fleeing persecution in Europe and the Middle East; does it matter who counts as Jewish?

Judaism is one of the oldest religions, but Jewish people are still a tiny minority of the population.  Why aren’t there more Jews in the world?

The Rabbinic era started around the time of the destruction of the Second Temple. Create a job advert for a rabbi of a community who were new refugees from Israel after the Temple was destroyed, and were now living abroad surrounded by people of other faiths. Think about what the rabbi’s role should be within the community.

How much do your religious or other belief define your individual identity? Rank the elements of your identity in order of importance to you (for example, gender, nationality, political views, family, sports, religious faith, hobbies, ethical views).

Do you think our society in Scotland or the UK lives up to the standards of the Torah or the Seven Laws of Noah?

What rules would you put in place in order to promote Tikkun Olam?

 
 
 

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