Description
The file is restricted for YU community access only.
Abstract
The analysis of halakha (Jewish Law) in a historical and academic setting is often
perceived as a challenge to Orthodox Judaism. This challenge arises as historians study the rich
and varied history of halakha, they uncover apparent shifts and evolution in its practice,
understanding and interpretation. These shifts are interpreted by historians with reference to the
relevant economic, social, political, and other contextual factors that are seen to have influenced
the legal reasoning or behavior in question. The very existence of historical change in halakhic
practice throughout the generations tend to undermine Orthodox belief in the continuity of the
mesorah (tradition), and are used by liberal movements as precedents to justify radical changes
in Jewish life and practice. The difficulty for Orthodox Jews is compounded when the
interpretation of these changes seems to reveal that outside, contingent factors play a large role in
determining the halakha in each time and place. Halakha is understood by Orthodox Judaism as
being divine law, and this belief clashes with the notion that mundane factors could play a role in
influencing the way that halakha and halakhists operate.