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Not in Heaven: The Nature and Function of Halakha
Eliezer Berkovits analyzes law as it applies to the religious, ethical, and judicial principles of Judaism. Delineating common sense, feasibility, and ethical concern, the author provides a wealth of original insights into the very essence of halaca. In language accessible to everyone, Not in Heaven discusses a wide range of contemporary issues, including the status of women, marriage, divorce, conversion, rabbinic authority, and the role of halacha in a Jewish state.
131 pages, Paperback
First published July 16, 2010
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Displaying 1 - 5 of 5 reviews
May 25, 2016
This book is really two books. The first book (up to but not including roughly the last page of chapter 3) is a very abbreviated translation of Berkovits’ scholarly analysis of meta-halakha, HaHalakha, Kohah VeTafkidah (Mossad HaRav Kook, 1981, re-published 2006). The second book presents Berkovits’ general agenda. He wanted halakha to once again be the functional legal system of the Jewish nation that halakha used to be.
This book can only be understood in its context, which is the freezing of halakhic innovation over the last two hundred or more years in response to multiple assaults on traditional Jewish society, notably enlightenment, emancipation and industrialization. This freeze is most compactly embodied in the Hatam Sofer’s slogan, taken out of context from Mishnah Orlah 3:9, “What is new is forbidden by the Torah”. In opposition to this policy of no change, Berkovits presents, in HaHalakha, Kohah VeTafkidah, classical tools that, given what Blu Greenberg called “Rabbinic will”, could be used to effect the needed changes. These tools include meta-halakhic moral and legal agendas some of whose names, that could themselves serve as slogans, Berkovits used as subchapter headings in HaHalakha, Kohah VeTafkidah: the Torah was not given to the ministering angels (B’rakhot 25b); nature has changed; the Torah cares about the property of Jews (inter alia, Yoma 39a); its ways are ways of pleasantness (Mishle 3:17); do what is right and proper (Devarim 6:18); both are the words of the living God (Eruvin 13b); a judge has only what his eyes see (inter alia, Bava Batra 131a).
In chapter 4 Berkovitz presents some specific agendas that need to be addressed in order to make halakha suitable as a modern legal system. Unfortunately, these agendas generally are issues of personal status. One example of an issue that is not addressed is one that could be addressed under the heading of “the Torah cares about the property of Jews”: the unsuitability of halakha for modern commerce. For example, halakha makes no provision for limited liability corporations, and halakha makes no provision for a contract for performing a service. (I could continue on the inadequacy of halakhic criminal law but that would take me off topic.)
Who should read this book?
Jews.
If you are Orthodox, read the book and decide for yourself whether you agree with Berkovitz’ agenda and with how he proposes to accomplish it.
If you are Conservative, read the book so that you can be an intelligent critic of Conservative p’sak halakha.
If you are Reconstructionist, read the book so that the past will have a vote. Mordechai Kaplan said “the past has a vote but not a veto”. The past doesn’t have a vote unless you know the past.
If you are Reform, and you are wondering what halakha has to do with you, see what it says in A Statement of Principles of Reform Judaism (adopted at the 1999 CCAR convention): “We are committed to the ongoing study of the whole array of…mitzvot”
If you can handle the real thing (HaHalakha, Kokhah VeTafkidah), read that after you read chapters 1-3, to get a deeper understanding of Berkovitz’ approach.
Personally, I am in sympathy with Berkovits’ agenda, but I must point out that he cherry picked his meta-halakhot. Even disregarding the Hatam Sofer’s abuse of Orlah 3:9, there are classical meta-halakhic principles, such as “the decline of the generations” (see e.g. Shabbat 112b), that support the freeze. Berkovits’ cherry picking is reflected for example in his neglect of the usually negative attitude of halakha towards gentiles and his silence about the strictly negative attitude of halakha towards heretics. The obvious cherry picking may explain the total silence with which HaHalakha, Kohah VeTafkidah was received by its apparent intended audience, the Orthodox Rabbinate. I doubt strongly that Berkovits was so naïve as to not expect such a non-reaction. More likely he was just doing what he thought would be expected of him so he could say “I tried”. That also explains how he came to publish Not in Heaven only two years after publishing HaHalakha, Kohah VeTafkidah: he knew that the change really would have to come from the grass roots and he had his fallback position prepared. With the help of the Internet, change from the grass roots is feasible. Sites such as Sefaria (http://www.sefaria.org/) and HebrewBooks.org make available to the general public documents that used to be found only in specialized libraries. Just as the printing press facilitated Luther’s “priesthood of all believers” so the Internet facilitates a “rabbinate of the observant”.
This book can only be understood in its context, which is the freezing of halakhic innovation over the last two hundred or more years in response to multiple assaults on traditional Jewish society, notably enlightenment, emancipation and industrialization. This freeze is most compactly embodied in the Hatam Sofer’s slogan, taken out of context from Mishnah Orlah 3:9, “What is new is forbidden by the Torah”. In opposition to this policy of no change, Berkovits presents, in HaHalakha, Kohah VeTafkidah, classical tools that, given what Blu Greenberg called “Rabbinic will”, could be used to effect the needed changes. These tools include meta-halakhic moral and legal agendas some of whose names, that could themselves serve as slogans, Berkovits used as subchapter headings in HaHalakha, Kohah VeTafkidah: the Torah was not given to the ministering angels (B’rakhot 25b); nature has changed; the Torah cares about the property of Jews (inter alia, Yoma 39a); its ways are ways of pleasantness (Mishle 3:17); do what is right and proper (Devarim 6:18); both are the words of the living God (Eruvin 13b); a judge has only what his eyes see (inter alia, Bava Batra 131a).
In chapter 4 Berkovitz presents some specific agendas that need to be addressed in order to make halakha suitable as a modern legal system. Unfortunately, these agendas generally are issues of personal status. One example of an issue that is not addressed is one that could be addressed under the heading of “the Torah cares about the property of Jews”: the unsuitability of halakha for modern commerce. For example, halakha makes no provision for limited liability corporations, and halakha makes no provision for a contract for performing a service. (I could continue on the inadequacy of halakhic criminal law but that would take me off topic.)
Who should read this book?
Jews.
If you are Orthodox, read the book and decide for yourself whether you agree with Berkovitz’ agenda and with how he proposes to accomplish it.
If you are Conservative, read the book so that you can be an intelligent critic of Conservative p’sak halakha.
If you are Reconstructionist, read the book so that the past will have a vote. Mordechai Kaplan said “the past has a vote but not a veto”. The past doesn’t have a vote unless you know the past.
If you are Reform, and you are wondering what halakha has to do with you, see what it says in A Statement of Principles of Reform Judaism (adopted at the 1999 CCAR convention): “We are committed to the ongoing study of the whole array of…mitzvot”
If you can handle the real thing (HaHalakha, Kokhah VeTafkidah), read that after you read chapters 1-3, to get a deeper understanding of Berkovitz’ approach.
Personally, I am in sympathy with Berkovits’ agenda, but I must point out that he cherry picked his meta-halakhot. Even disregarding the Hatam Sofer’s abuse of Orlah 3:9, there are classical meta-halakhic principles, such as “the decline of the generations” (see e.g. Shabbat 112b), that support the freeze. Berkovits’ cherry picking is reflected for example in his neglect of the usually negative attitude of halakha towards gentiles and his silence about the strictly negative attitude of halakha towards heretics. The obvious cherry picking may explain the total silence with which HaHalakha, Kohah VeTafkidah was received by its apparent intended audience, the Orthodox Rabbinate. I doubt strongly that Berkovits was so naïve as to not expect such a non-reaction. More likely he was just doing what he thought would be expected of him so he could say “I tried”. That also explains how he came to publish Not in Heaven only two years after publishing HaHalakha, Kohah VeTafkidah: he knew that the change really would have to come from the grass roots and he had his fallback position prepared. With the help of the Internet, change from the grass roots is feasible. Sites such as Sefaria (http://www.sefaria.org/) and HebrewBooks.org make available to the general public documents that used to be found only in specialized libraries. Just as the printing press facilitated Luther’s “priesthood of all believers” so the Internet facilitates a “rabbinate of the observant”.
December 1, 2019
It's radical and deeply committed to Jewish life and community. My own personal philosophy prioritizes community and peoplehood over rigidity, so finding a rabbi who feels bound by Jewish law and also has similar priorities was a profound relief, and inspiration.
April 24, 2020
WOW! This book literally blew my mind. I had been recommended this book early after I'd converted to Judaism but didn't quite have the background I needed to be able to get through it. I picked up the book again when another friend recommended it to me. I'm so glad I did. The book is frame-changing when it comes to views and perceptions of halakha. Highly highly recommend.
June 13, 2023
Rabbi Berkovitz does a masterful job of explaining how Judaism is not fossilized adhering only to the literal meaning of scripture, but evolves with each generation according to the exigencies of the times. Some might call his liberal theology radical, but it is firmly rooted in the traditions of the Talmud and successive rabbinic authorities.
January 15, 2013
This book totally changed my outlook on Jewish law.
Displaying 1 - 5 of 5 reviews