Halakhah: The Rabbinic Idea of Law

by Chaim N. Saiman

How the rabbis of the Talmud transformed everything into a legal question--and Jewish law into a way of thinking and talking about everything

Though typically translated as "Jewish law," the term halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its many detailed rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim that the study of halakhah is a holy endeavor that brings a person closer to God--a claim no country makes of its law.

In this panoramic book, Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. In the multifaceted world of halakhah where everything is law, law is also everything, and even laws that serve no practical purpose can, when properly studied, provide surprising insights into timeless questions about the very nature of human existence.

What does it mean for legal analysis to connect humans to God? Can spiritual teachings remain meaningful and at the same time rigidly codified? Can a modern state be governed by such law? Guiding readers across two millennia of richly illuminating perspectives, this book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.

Genres: Judaism, Religion, Jewish, Law, Nonfiction

320 pages, Hardcover

Published September 4, 2018

Reviews

[Dennis Fischman · Rating 5 out of 5]

This might be your story.

You grew up in an environment where Christian culture was the norm. Even if you weren't religious yourself, from an early age, you heard people contrast Jewish legalism with Christian spiritual freedom. You heard that the letter of the Law killeth and the Spirit brings life.

Even today, you dimly recall Bible stories where it sounds like Jesus is throwing off the chains that the "old covenant" put on the Jews. In the back of your mind, you wonder why the Jews stubbornly clung to their dried-up set of rules.

Then you read Halakhah: The Rabbinic Idea of Law, by Chaim Saiman, and it blew your mind.

Or this might be your story.


You grew up in a Jewish household. Your family celebrated the holidays and occasionally showed up at shul (especially if you someone you knew was becoming bar or bat mitzvah that day).

But you never really considered keeping kosher, not driving or shopping on Shabbat, or praying multiple times a day. That all seemed liked Old World, black-hat sort of stuff. You vaguely knew there were rules about it in the Talmud. That seemed like reason enough to avoid the Talmud, and "Jewish law" in general.

Then you read Halakhah: The Rabbinic Idea of Law, by Chaim Saiman, and it blew your mind.

In this book, Saiman makes a convincing case that "Jewish law" is nothing like what people think it is. It's altogether strange, like a parallel universe. It mixes together stuff that clearly looks like "do this and don't do that" with storytelling, exegesis, parable, philosophy, and mysticism, as if there were no boundaries between them.

Even the legal parts of the texts are eerie. They pay as much attention to situations that rarely occur, don't occur any more, or never did and never could occur (by the rabbis' own reckoning) as they pay to everyday issues of what to eat and drink and how to do business. They look at Bible stories and poetry as possible sources for legal reasoning (and vice versa!)

Perhaps most strange of all: We are accustomed to thinking of "law" as something a government enforces. Halakhah was created--yes, beginning at the time when Jesus was still there to hear about it--in a situation where Jews did not govern themselves.

So, when you get detailed rules about how to light the Shabbat candles at home, that's one thing. But when you get equally detailed and elaborated procedures for judging murder cases when no Jewish courts had jurisdiction over them...or instructions for how the priests should offer sacrifices in the Temple in Jerusalem, debated after the Temple had been destroyed and Jews weren't even allowed by the Romans to enter Jerusalem...then this is not "the Law" as we know it.


What is it? In a word, it's Torah.

Torah doesn't mean law. It means teaching: by God to us, about the right way to live.


That teaching can take all the different forms I mentioned above: storytelling, exegesis, parable, philosophy, and mysticism. Saiman makes a convincing case that in rabbinic Judaism, the primary way we learn how God wants us to live is through discussion of halakhah. He gives examples of how legal discussion is the entryway to profound questions like:

Is pain a harsher punishment than disgrace, or the other way around?
Is a human being primarily body or soul?
What is it like to pay attention to God's commands at every moment?
Is justice best served by strict enforcement or by compromise?

These sound like the questions a philosopher would ask. They are not questions that would be posed directly in rabbinic writings, however, and for good reason. Saiman points out:


...the Talmud bears greater resemblance to literature than analytic philosophy...The Talmud simply does not make any sense outside of its "plot"--the foundational claims of the world it inhabits. These include that God gave the Torah to the Jewish people and commanded them to perform mitzvot. (p.139)

The Talmud assumes that the story is always already going on, and that you are a character in it. You don't need abstractions. You need to know how to play your part.

So, here's the story you need to understand why anyone would study halakhah.

You are part of a people addressed by God and entrusted with the task of making this world the way it ought to be. There isn't a moment of your life that's simply just there. It's all there for you to lift it up and make it holy.

You don't have to do it alone. You always pursue holiness in community.

You don't have to figure it out all by yourself. You are part of a tradition that's thousands of years old and still going strong.


You don't have to reason it out from first principles. You can turn to the first page, instead:

From what time is the evening Shema recited? "From the time that the kohanim [priests] enter to eat their consecrated food [terumah], until the end of the first watch." These are the words of Rabbi Eliezer. But the sages say: until midnight. Rabban Gamliel says: until the dawn rises.

If you decide to ask, "What is the Shema? Why is it said? Why is it said at set times? Why the evening? Who were the priests, what was their consecrated food, and when did they eat it? What were the watches of the night, and what was the first watch? Who was Rabbi Eliezer, and what do we know about his methodology? Who were "the sages"? Who was Rabban Gamliel? What were their methodologies, and how did they arrive at differing conclusions? What did later generations do to decide among them? What practical implications did this question have, the one about when you have missed your opportunity to say the evening Shema? What ethical implications does it have? What does it tell us about our relationship to God?"...then you are part of that age-old partnership with God.


And if you are not, at least you can now stop thinking of it as just a set of rules!

[Ben Rothke · Rating 5 out of 5]

The subtitle of the classic medieval work The Kuzari is “in defense of the despised faith”. In Halakhah: The Rabbinic Idea of Law (Princeton University Press 9780691152110), a subtitle of “in defense of Halakhah” just might be in order here. The book provides a conceptual introduction to halakhah, with an emphasis on how to think about halacha.

In this fascinating work, Chaim Saiman (professor of Law at Villanova University) has written not just an overview of halacha, but a defense of it. Halacha has long been under siege from its adversaries. In his opening salvo, Saiman deals with none other than Jesus of Nazareth. While Jesus was certainly was not the first to attack halakhah as being far too obsessive to the letter of the law, while being deficient to the greater spirituality; he certainly left a lasting impression. Saiman notes that those who blindly attack halakhah often do so as focusing on it as Jewish law. To which Saiman is quick to note, and this is a major point in the book, that halakhah is not Jewish law.

It’s far too easy to merely translate halakhah as Jewish law; but Saiman writes that it is profoundly more than that. Halakhah is concurrently a system of governing rules and practices, a forum for legal analysis, a platform for religious expression, and an object of devotional study.

The challenge with halakhah is that it presents itself as a regulatory system that governs every aspect of Jewish life. Of course it is that, but it’s important to realize that it’s much more than that. And the significant problem in translating it as law, is that it both overestimates and underestimates the role of halakhah and how it functions.

And that is precisely the point the book makes. That those who see halakhah as law are missing the forest from the trees. Halacha, and ergo the Talmud, is not simply a legal code. It is the launching pad for all of Jewish thought. And on that launching pad is the mechanism to deal with every issue, every topic, and every Jewish scenario under the sun. The beauty of halakhah is that it is the vehicle the Talmud uses as its channel for much broader discussions.

Simply saying that Halacha is not Jewish law may seem at first disingenuous. Yet Saiman is uncovering a nuanced approach that far too many outsiders don’t appreciate.

Of course, halacha is law. But he notes that Halacha is entirely different from any other legal systems. Aside from lawyers and government officials, the average US citizen does not peruse the US legal code. It goes so far as that few Americans can elucidate the specifics of the Constitution. And they certainly don’t really study it..

In the book, Saiman picks out numerous Talmudic and Mishnaic passages, and shows what it means to view halakhah through the lens of Torah study, and not simply as dry Jewish law. That difference it not trivial, and is exactly what makes halakhah so unique.

Far from being the cold blade of Jewish law, the book eloquently shows how halakhah is the Swiss Army knife of Judaism. As halakhah fills so many roles; from legal, devotional, spiritual, cultural, and much more. Each of halakhah’s paradigmatic forms represents a pole that exerts a magnetic force on the field as a whole.

In truth, Saiman’s book is an expansion of the Talmudic observation that after the Temple was destroyed, the only place where God can be found is within the halacha. When the Temple stood in Jerusalem, one would visit there to be in God’s presence. After its destruction, the best way to encounter God is through halakhah.

For those who think that halakhah is nothing but cold, dry law, Halakhah: The Rabbinic Idea of Law, turns that coldness, into a warm godly embrace.

[Noah Marlowe · Rating 5 out of 5]

Halakhah: the Rabbinic Idea of Law is the product of a deep, lifelong commitment to Torah scholarship. Saiman, a graduate of the prestigious Yeshivat Har Etzion, one the leading institutions of Talmud study - particularly the “Conceptual” approach (also known as the Brisker Method), - provides an insider’s approach to rabbinic thought, Talmud, and “law.” Saiman argues that Halakhah, imprecisely (as he explains) translated as “Jewish Law,” was the Rabbis prism for exploring issues of humanism, theology, morality, piety, and many other non-legal matters. One of Saiman’s core arguments is that Halakhah, in its different manifestations, from the Mishna through traditional Codes to Responsa Literature, does not expressly deal with practical matters. “Halakhah-as-regulation,” as Saiman calls it, is when halakhic texts and discourse impacts and prescribes normative behavior. “Halakhah-as-Torah,” Saiman argues, is when the Rabbis use Halakhah to express something that is moralistic, poetic, theological, and non-practical. Halakhah-as-Torah is where rabbinic creativity emanates and displays the remarkable project of Halakhah. Saiman’s monograph, in my view, is a must read for any person who wants to understand the majesty, grandeur, and allure of Talmud, Halakhah, and the Jewish fascination with study.

[Ruth · Rating 5 out of 5]

I have to return this book to the library, and I do not want to do that. The book opens with the question, "What happens in heaven?" For the answer, we begin to unpack Bava Metzia 56A, "They were arguing in the Academy of Heaven." It seems the rabbis believed that in heaven, the angels study Talmud with the KBH, disagree with the KBH, and consult a rabbi when they want to understand a difficult problem. Now, when people ask me whether I can recommend a book about Judaism, I can say yes.

[Aaron · Rating 4 out of 5]

---Plot/Intro---
“Hey, would you like to read a book about Jewish Halakhah? Yes, it’s kind of a historical survey on it, but not literally focusing on the miniature of it (but it has some of that too!).” Most likely most anyone asked this question outside of those engaged in some amount of Torah study will be a flat “no” or if not that, a mute questioning stare. Because really, for most, Judaism is just a religion—one with its own quirks, its own way of doing things, it’s own scripture, you get it.

But digging deeper, how is this religion that essentially lost its nexus point, the Temple, almost 2000 years ago still alive and well? What changed? What is it about Halakhah, Jewish law that isn’t exactly law, that has led to now such intense study not just by the pious but now by most anyone—even non-Jews? One legal scholar who has both a traditional and secular background attempts to shed light on “how to think of” Halakhah.


---Interesting Highlights---
“In the modern discourse, the motivation to do the right thing is expressed in terms of “values,” “morals,” or “ethical obligations.” Contemporary Christians refer to their religious imperatives as stemming from “moral theology,” “church doctrine,” “religious teachings,” “vocations” or the “Christian calling.” For halakhic Jews, by contrast, religious commitments reside in a distinctly legal framework. Visiting the sick, honoring one’s parents, giving charity (tzedakah), and returning lost objects may also be matters of morality, but they are first of all halakhic-legal obligations that carry defined properties and regulations.”

“Jewish religious and political life has been in a holding pattern, suspended between the ideal of the biblical past and the anticipated salvation of the messianic future.”

“An adage circulates in yeshivot that all the Talmudic tractates begin on page 2, because the elusive page 1 contains the background and presuppositions the student is already expected to know.”

“Over the course of the sugya, the Talmud works through nine different prooftext cycles before concluding that the rabbis of the mishnaic era were themselves split on the “his food” versus “heaven’s food” issue.”

“The Briskers, however, start from the other end. The real meaning of water is the substance deemed valid for a mikveh. The compound H2O is, at best, an approximate parallelism of the ideal halakhic standard.”


---Review---
Only a couple of years ago a book like this would have put me squarely in the eyes glazed over category if presented with the opportunity of reading it. Now? Even with a packed schedule, it was devoured in not much more than a week. This is no boast and not even a hint at ‘devotion’ to religious commitments. Rather, it’s a theme that may at first seem as dull as dull gets, but the author somehow did the impossible and made a historical survey of Halakhah...interesting!

This was a fun read and that includes the beefy middle section that features a few choice examples of Talmudic reasoning (refer to the fourth quote above for a short summary of one). Law for Judaism is extremely important, but what makes it so unique is just how much is non-applicable not just today, but even about 1800 years ago when the Mishnah was redacted. Even today with a Jewish state—something the author devotes the final chapter to—shows how a distinctly Jewish society still sees the downsides (and thus avoids them) of constructing state law based solely on Jewish law.

Special mention must be given to the Brisker method that is also covered towards the end of the book. Especially frum (Orthodox) readers may virtually look at me strangely for noting this, but it feels like the bizarrro world other end of the spectrum version of late 19th century Reform Judaism in that like it, it may go too far at times. Many thanks to the author for shedding light on what can be considered taking the study of Halakhah to its final form of extreme dissection, turning it inside out, and seeing what makes it tick.

[Rachel · Rating 4 out of 5]

What exactly is halakhah? The concept is more difficult to understand than one might expect, at least according to Chaim N. Saiman’s “Halakhah: The Rabbinic Idea of Law” (Princeton University Press). Saiman, who is a professor in the Charles Widger School of Law at Villanova University, looks at halakhah from an unusual viewpoint: he’s interested in how legal disputations also came to serve as religious practice. He notes that his “book is largely an attempt to explain halakhah as experienced from within... the halakhah castle to an audience standing outside it... the goal is not to unearth the history of halakhah but to offer a constructive account of the interpretive and conception practices presented within in it.” In simpler terms, Saiman explores the way halakhah works for the Jews who study it for legal and spiritual reasons.
See the rest of my review at http://www.thereportergroup.org/Artic...

[Josh · Rating 4 out of 5]

What if Jewish law (halakhah) isn't law as Westerners typically understand it? That is the premise of Saiman's book, which explores how halakhah fits and doesn't fit our idea of law.

Halakhah does serve as a regulatory system, but it also acts as a phenomenological system, a devotional practice, and a vehicle of abstract thinking. To reveal the multifarious character of the "rabbinic idea of law," Saiman takes readers step by step through the basics of Jewish legal literature and reasoning, proposing increasingly subtle insights with each chapter. By the end, even those familiar with the workings of halakhah will find themselves challenged to think anew about the subject.

In the end, too, it turns out that this seemingly alternative idea of law throws light on aspects of contemporary Western law which tend to be overlooked. The two systems are, of course, quite different, but they share both more and less than you would at first think.

[Amir · Rating 5 out of 5]

"Halakhah" is a sweeping overview of the structures and paradoxes of Jewish law. Saiman elegantly writes about complex and confusing dialectics in a smooth, engaging manner. As someone who is surrounded by people who are completely transfixed by our traditions and laws -- regardless of how obscure or seemingly irrelevant -- I found it to be both fascinating and enlightening. It is an explanation of not only the structure and history of our tradition, but also the deep underlying ideas that have created the Jewish people as we know it today. I am not certain if a rank amateur would want this to be his very first book on Judaism, but certainly for this "am ha-haretz", it was a great read.

[Michael · Rating 4 out of 5]

The book serves as a great academic-ized introduction to a Modern Orthodox inflected Brisker approach to a theology of Halacha. That is to say, it speaks to my theological education and leanings, but it doesn't really hold up independent of that background. The major suffering is over reliance on Ish Hahalakha and a tautological approach to the term halacha - everything is halacha. There are flashes of insight and good examples but there isn't nearly enough analysis or depth.

Overall I like it when my ideas are given an academic gloss, and a number of my friends are named in the acknowledgements. So 4 stars

[Joe Q. · Rating 4 out of 5]

This book explores -- from an academic-scholarly perspective -- how Halakha (Jewish law) serves as a vehicle for the expression of Jewish values, philosophy, and theology, and how its study became an act of worship in Rabbinic Judaism. Saiman puts into (very scholarly) words what traditional Jews likely already know intuitively, but adds a lot of useful discussion about the context of "Halacha not to be applied" and the idea of "the law of the realm" vs. Halakha.

Overall a useful read for those looking for a scholarly legal discussion of the very central role of Halakha in Jewish practice and thought. It is not light reading, though.

[Lea · Rating 5 out of 5]

Highly informative and educational, definetely deepened my understanding of Halakhah.
Particularly fond of the ten pages of additional reading suggestions at the end, sorted by topic with a little summary and a note on whether or not its available in english each, İ'll definetely come back to those later.

[Yehuda · Rating 4 out of 5]

This was an excellent read. Best thing I've read that really delves into the world of halakha and Jewish learning. As someone intimately familiar with that world it was very cool to see things analyzed and explained. Very important book to Jewish thought.

[Michael Weinraub · Rating 4 out of 5]

Outstanding book for the right audience, notably intellectually curious lawyers, intellectually curious Jews or people interested in Judaism. If you're an intellectually curious Jewish (or Jewish-interested) lawyer your head just may explode.

[John Minster · Rating 5 out of 5]

Excellent primer on the nature of Halakhah and the multitude of functions and identities it adopts.

[Steve Gross · Rating 4 out of 5]

A comprehensive view of Halakha; historically, theologically, in modern times and old. Sometimes nice and clear and sometimes fuzzy and wordy. The topic deserves an overall clearer treatment.

[Yoni Hachen · Rating 4 out of 5]

Very insightful. Definitely a book to reread and internalize some of the complex but intriguing ideas surrounding halakha for the state vs society.

[Rabab Boulaich · Rating 5 out of 5]

A brilliant view of the Halakhic teachings from within as perceived from the constructive perspective between interpretive and conceptual counts.

[Dylan Brody · Rating 4 out of 5]

Pretty solid and it gave a new perspective on Halakha although the individual case studies could be more relevant and applied better to the text.

[Rachel · Rating 5 out of 5]

Outstanding — clear and engaging writing on a complex and foundational topic. Wish I could just hand copies of the book out whenever I’m asked to define Halacha.

[Clara Prizont · Rating 5 out of 5]

My biggest complaint is also my biggest praise: Saiman's objectivity.

Throughout the book, Saiman chronicles the history and development of halakhah across cultures and purposes with remarkable objectivity. He presents the facts, the theories, and carefully articulates the advantages and disadvantages of both sides. It is hard to discern Saiman's personal stance on religion which is perhaps the highest praise I can give him.

While Halakhah is highly informative, it lacks a compelling thesis. Saiman seemingly slaps the thesis, "the disparate methods of interpreting Halakhah are essential to it's survival," to crown his feat of research, rather than pose a more compelling argument that might synthesize the disparate purposes discussed within the book, or even reject certain ideas in favor of others.

Saiman's remarkable ability to remove himself from his investigation is both the work's greatest asset and most fatal flaw.