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An essential reference work for any thinking student of religion.
Innovative and provocative, Evolving Halakhah affirms the system of traditional Jewish law, Halakhah, as a developing and moral structure, flexible enough to accommodate the changing realities of each generation. In this accessible analysis of Halakhah, Moshe Zemer issues a clarion call to follow the ancient and modern principles of evolving Halakhah, which demands ethical deeds, the discovery of holiness in the Commandments, a critical approach to the Tradition, and responsibility of the entire Community of Israel. These principles are viewed as the framework in which the other commandments are applied.
To Jews who sometimes see no choices but those of fundamentalist rigidity on the one hand, or total rejection of tradition on the other, Zemer argues instead for awareness of the inherent flexibility of the halakhic system. Halakhah, he argues, has had many voices, and has changed to meet every generation's needs. Equipped with this view, liberal Jews can reclaim their tradition from a conservative rabbinic establishment that all too often—especially in Israel—has seen the voice of strictness as more authentic than the voice of lovingkindness.
The product of Zemer’s thirty-five years of work in the Israel Movement of Progressive Judaism, Evolving Halakhah includes chapters on matters ranging from personal status, especially marriage and conversion, through the "political" Halakhah of a response to the intifada. It shows that the traditional framework for understanding the Torah’s commandments can be the living heart of Jewish life for all Jews—including Reform, Reconstructionist, Conservative and Modern Orthodox.
"For those of us who have argued that the traditional Halakhah [Jewish law] is far more open, pluralistic and compassionate than it has been made to be, Dr. Zemer now provides a detailed documentation of that position ... an indispensable resource for understanding the core of Jewish tradition."
—Dr. Neil Gillman, professor of Jewish philosophy, The Jewish Theological Seminary of America
“In its own right, an important link in the chain of liberal Halakhah ... deserving of assessment and respect as a collection of responsa.”
—Rabbi David Ellenson, PhD, president, Hebrew Union College–Jewish Institute of Religion
“Through this scholarly yet accessible book, Zemer challenges those who have allowed Halakhah to become rigid and callous. Zemer brilliantly demonstrates that justice and compassion provide the basis for authentic halakhic decisions and demands acceptance for his progressive approach.”
—Rabbi David Teutsch, president, Reconstructionist Rabbinical College
“Grounded in the tradition of adaptation and renewal, Zemer's voice is vital to our survival today.”
—Rabbi Naamah Kelman, coordinator, Beit Midrash, a Liberal Yeshiva, Jerusalem
“Finally, a text for liberal Jews enabling us to encounter Halakhah as a significant and meaningful structure in our lives.”
—Rabbi Sheldon Zimmerman, vice president, Jewish Renaissance and Renewal, United Jewish Communities
“An extraordinary achievement, for it both projects deep respect for Halakhah and contributes to its development. Rabbi Zemer searches for traditional precedents that allow for flexibility and reflects a Halakhah that walks in the footsteps of Hillel rather than of Shammai.”
—Rabbi W. Gunther Plaut, editor, The Torah: A Modern Commentary
Acknowledgements xv
Foreword by Justice Haim H. Cohn, Deputy President Emeritus of the Israel Supreme Court xvii
Introduction xxi
I. FOUNDATIONS 1
Chapter 1: Halakhah as an Evolving Ethical System 3
Chapter 2: Maimonides and the "Lesser Evil" 23
Chapter 3: The Essence of Evolving Halakhah 37
II. MARRIAGE AND DIVORCE 59
Chapter 4: Yibbum and H|alitzah 61
Chapter 5: Marriages Forbidden to a Kohen 73
Chapter 6: Mamzerut (Halakhic Illegitimacy) 87
Chapter 7: Marriage Blacklists:
III. Conversion 121
Chapter 8: Rabbi Goren's Reform Conversion 125
Chapter 9: Ambivalence about Conversion 143
Chapter 10: Disqualifying Jews from India to Ethiopia 157
Chapter 11: You Shall Not Oppress the Stranger 171
IV. THE STATE OF ISRAEL AND GENTILES 177
Chapter 12: The Sabra and Shatilla Massacre 181
Chapter 13: Demolishing Houses in the Territories:
Chapter 14: Halakhah and the Intifada 193
Chapter 15: The Attitude toward the Enemy 205
Chapter 16: Ransoming Captives 225
Chapter 17: “Halakhic” Justifications for Murder 231
V. THE STATUS OF WOMEN 239
Chapter 18: Is a Woman Permitted to Hold a Public Position? 241
Chapter 19: Women and Service in the Israel Defense Forces 249
Chapter 20: A “Women’s Gallery” in the Cemetery 255
Chapter 21: Delaying a Funeral Until the Daughter of the Deceased Arrives 261
Chapter 22: The Right of Women to Say Kaddish 265
Chapter 23: Is a Woman’s Voice Sexually Enticing? 275
VI. THE ULTRA-ORTHODOX 281
Chapter 24: Desecrating the Sabbath in Order to Sanctify It 283
Chapter 25: Religious Violence against a Progressive Congregation 291
Chapter 26: The Cult of the Newly Ultra-Orthodox 295
Chapter 27: Religious Tolerance among Jews: A Critique of Rulings by Rabbi Moshe Feinstein 301
Chapter 28: Archaeology as a Mitzvah 313
Chapter 29: Circumcising a Corpse 317
VII. MEDICINE 321
Chapter 30: A Dialogue on Autopsies 323
Chapter 31: Abortion Is Not Murder 335
Chapter 32: Artificial Insemination 339
Chapter 33: To Smoke or Not to Smoke: A Jewish Question 345
Chapter 34: “It Is Forbidden to Delay Death” 351
VIII. BURIAL 357
Chapter 35: For the Sake of Peace 359
Chapter 36: Burial and Superstition 373
Afterword 377
Bibliography 379
Notes 391
Index 429