Evolving Halakhah: A Progressive Approach to Traditional Jewish Law

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.

Table of Contents:
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

About the Author :
Rabbi Dr. Moshe Zemer is founding director of the Freehof Institute of Progressive Halakhah in Tel Aviv, where he lives. A congregational rabbi for over thirty-five years, he is one of the rabbis who established the Israel Movement for Progressive Judaism, and serves as president of its Rabbinical Court. Zemer has edited a series of books on Jewish law and published many articles about Halakhah, and is currently senior lecturer in Rabbinics at Hebrew Union College–Jewish Institute of Religion in Jerusalem.

Review :
"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