Jewish Law Explained
Jewish Law (halachah) is based upon d'oraita (law from the Torah), and d'rabbanan (laws insituted by the rabbis). The d'oraita laws are the 613 mitzvot found in the Torah that Jews are to live by - although not all 613 apply to every individual. The Aseret Hadiberot ("Ten Commandments" - more properly called the Ten Statements) can be thought of as a summary of the 613 mitzvot. The list that is most widely recognized is Rambam's list from his Mishneh Torah. Some of the mitzvot are fully explained in the Written Torah (You shall not murder) and some are less than fully explained (Rest on the Sabbath). In the case of this second type of mitzvah, Jews turn to the Mishnah for a fuller understanding of the mitzvah.

The d'rabbanan mitzvot are broken into three types: minhag, gezeirah, and takkanah. The minhag are long-standing traditions that have the power of law. One such example is the wearing of a kippah and a second day for some holidays for people outside Israel. The gezeirah are laws instituted by the rabbis to prevent people from accidently transgressing a Torah mitzvah. These laws are generally referred to as putting up a fence around the Torah. An example of such a "fence" is the prohibition of handling a writing instrument on Shabbat so one would not accidently violate the mitzvah to rest on Shabbat. The takkanah are non-biblical laws created by the rabbis for the public welfare. Examples of takkanah include the public reading of Torah on Mondays and Thursdays that was instituted by Ezra and the lighting of the candles on the chanukiah during Chanukah.

There have been many great rabbis who have contributed their skill to writing commentary on Jewish Law. By following the mitzvot Jews worship G-d and continue their lifelong relationship with G-d. The mitzvot permeate the Jews' lives and regulate their behaviors and thoughts as well as their relationships with G-d, fellow Jew, and gentiles. When halachah guides one's life, one becomes more spiritual because the mundane aspects of life become religiously significant.

Sanhedrin
The Sanhedrin was an assembly made up of 71 judges who constituted a supreme court and a legislative body of ancient Israel. The Sanhedrin included a Nasi (chief justice), Av Beit Din (vice chief justice), and 69 general members who all sat in a semi-circle while in session. When the Holy Temple stood in Jerusalem, the Sanhedrin met in the Hall of Hewn Stones except during festivals and Shabbat. The Lesser Sanhedrin was made up of 23 judges required to be in each city. The Sanhedrin began with Moses and the 70 elders. As an individual died or became unfit to sit on the court, a new member received smicha (ordination) and took the individual's place.

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Aseret Hadiberot ("10 Commandments") (Printable 10 Commandments )
Exodus 20:2-14

1. I am Hashem, your G-d, Who has taken you out of the land of Mitzraim, from the house of slavery.

2. You shall not recognize the gods of others in My presence. You shall not make yourself a carved image nor any likeness of that which is in the heavens above or on the earth below or in the water beneath the earth. You shall not prostate yourself to them nor worship them, for I am Hashem, your G-d—a jealous G-d, Who visits the sin of fathers upon children to the third and fourth generations, for My enemies but who shows kindness for thousands of generations to those who love Me and observe My commandments.

3. You shall not take the Name of Hashem, your G-d in vain, for Hashem will not absolve anyone who takes His Name in vain.

4. Remember the Sabbath day to sanctify it. Six days shall you work and accomplish all your work; but the seventh day is Sabbath to Hashem, your G-d; you shall not do any work—you, your son, your daughter, your slave, your maidservant, your animal, and your convert within your gates—for in six days Hashem made the heavens and the earth, the sea and all that is in them, and He rested on the seventh day. Therefore Hashem blessed the Sabbath day and sanctified it.

5. Honor you father and mother, so that your days will be lengthened upon the land that Hashem, your G-d give you.

6. You shall not murder.

7. You shall not commit adultery.

8. You shall not steal.

9. You shall not bear false witness against your fellow.

10. You shall not covet your fellow's house. You shall not covet our fellow's wife, his manservant, his maidservant, his ox, his donkey, nor anything that belongs to your fellow.

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Shulkhan Aruch
The Shulkhan Aruch, compiled by Rabbi Joseph Caro in the mid-1500s, is the standard legal code of Judaism. It was the first code to list the differing customs of the Ashkenazic and Sephardic Jews. The Shulkhan Aruch is divided into four books:
Orakh Hayyim - laws of prayers and holidays;
Yoreh Deah - diverse laws, including those covering charity, Torah study, and Jewish dietary laws;
Even HaEzer - laws concerning Jewish marriage and divorce;
Khoshen Mishpat - Jewish civil law.

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Mishneh Torah
The Mishneh Torah is a comprehensive code of halachah written in Hebrew by the Rambam (Maimonides) between 1170 and 1180 while he was in Egypt. The work consists of 14 books, subdivided into sections, chapters and paragraphs. It is the only post-Tamudicwork that details all of Jewish observance, including those laws which are only applicable when the Temple is in place. The intention was to provide a complete statement of the Mishnah (Oral Torah). The Mishneh Torah never cites sources or arguments but instead, confines itself to stating the final decision of the halachah that is to be followed.

1. HaMadda (Knowledge) - The laws concerning religious belief, character, Torah study, idolatry, and repentance
2. Ahavah (Love/Adoration) - Recital of the Shema, prayer, tefillin, mezuzah, Torah scroll, tzitzit, blessings, and circumcision
3. Zemanim (Times) - The Shabbat, Yom Kippur, holidays, New Moon, and fast days
4. Nashim (Women) - Marriage, divorce, seduction, and infidelity
5. Kedusha (Holiness) - Illicit sexual relations, forbidden foods, and ritual slaughter
6. Hafla'ah (Separation) - Oaths, vows, Nazirite restrictions, and devotion of property to the Sanctuary
7. Zera'im (Seeds) - The crossing of seeds, cattle and materials, laws of charity and tithing, and laws regarding the sabbatical and jubilee years
8. Avodah (Divine Service) - The Sanctuary, how it is to be built, who serves in it and the nature of the service
9. Korbanot (Sacrifices) - The sacrifices brought on holidays and as atonement for sins
10. Tohorah (Purity) - All the causes of defilement and the requirements for purification
11. Nezikin (Injuries) - The laws of compensation for damages and theft, returning lost property, murder, and the preservation of life
12. Kinyan (Acquisition) - Commercial transactions, neighbors, and bondage
13. Mishpatim (Rights) - Labor relations, renting and borrowing, and inheritance
14. Shoftim (Judges) - The judicial system, rabbinic and parental authority, mourning, kings, and wars

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613 Mitzvot (Printable 613 Mitzvot )
Maimonides, one of the first codifiers of Jewish law, wrote the fourteen volume Mishneh Torah that covers all of Jewish law, belief and practice. He divides the 613 mitzvot into 14 books, with 83 sections. the 613 mitzvot are comprised of 248 positive commands and 365 negative ones. The positive mitzvot equal the number of parts of the body; the negative mitzvot correspond to the number of days in the solar year.

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Speech
It is forbidden to speak disparagingly about a fellow Jew (chaveir – lit. "friend") even if the information is entirely true. This is Lashon Hara (Leviticus 19:16). It is also forbidden to speak, write, communicate, or act in any way that would create a chilul HaShem (desecration of the name of G-d). This prohibition forbids speaking or acting in a disparagingly way toward a fellow Jew or non-Jew. Chilul HaShem does not sanctify G-d's Name and leads those around the offending person to question whether the person is truly a G-d-fearing, righteous Jew (Leviticus 22:32).

If the information contains any kernel of fabrication, the speech is also called motzi shem ra (lit. "putting out a bad name"). Those people who make a habit out of speaking in a derogatory manner are called ba'alei lashon hara (lit. "masters of lashon hara"). These ba'alei regularly create a chilul HaShem. Such behavior cuts the ba'alei off from much of the good in the world around them. In addition, this behavior cuts them off from olam habah (The World To Come). The Sages say (Bab. Erchin 15b) that there are three things that cut a person off from olam habah - murder, adultery, and idol worship and that Lashon Hara is equivalent to all three.

If someone (even a parent or teacher) attempts to coerece a person into speaking Lashon Hara, the person must resist the coercion and not speak Lashon Hara. It is also forbidden to speak Lashon Hara to avoid a financial loss or to avoid personal dishonor. It is also prohibited to speak Lashon Hara about oneself.  If one witnesses a "yirei Elokim" (sincerely G-d fearing individual) who says or does something that can be interpreted favorably and given the benefit of the doubt, whether Bein Adam L'Makom (between man and G-d) or Bein Adam L'chaveiro (between man and fellow man), one is obligated to judge him favorably even if the speech or action in question is more logically interpreted negatively. If one witnesses a "beinoni" (average person who is careful to avoid sin, yet on occasion falters) who says or does something that can be interpreted favorably or unfavorably, one is obligated to follow the favorable judgment. Even if the speech or action lean toward the negative and there is no room to interpret the behavior as favorable, one is not permitted to transgress the prohibition of Lashon Hara (Leviticus 19:15).

Speaking negatively about individuals is permitted under certain circumstances and only if the reason for speaking negatively is to warn others from learning such negative behavior or prevent future harm. The prohibition of Lashon Hara applies when one speaks negatively of another in order to disparage or embarrass the individual and rejoice in the disgrace of another person. If one has spoken to the offending person and that person does not listen or change his/her ways, one is obligated to speak to the offending person's children or students in order to warn against learning the negative behavior. It is important to remember to tell the offending person that one is going to speak to his/her children or students and exactly why this is being done. When one is entering into a potential relationship - such as employment or an arranged marriage - one is permitted to inquire about a person's behavior through a third party as long as that person has been informed about the potential relationship. Even if the inquiries lead to negative speech, the inquiries are permissible in order to prevent future harm and are used for the good of the person.

Every individual Jew has the responsibility and command to not speak Lashon Hara about fellow Jews and not create an atmosphere of chilul HaShem. If one does transgress against this command, one must perform teshuvah (repentence).

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Shemitah and Yovel
There is a seven-year cycle in the Jewish calendar called the Shemitah year. The Shemitah (Sabbatical) year happens every seven years. The Shemitah year is analogous to the Shabbat - it is a year of rest for the land just as Shabbat is a day of rest each week. No planting or harvesting may be done during a Shemitah year - the population must rely on the produce from the sixth year for three years (sixth, seventh, and eighth) (Leviticus 25:20-21). The year after seven cycles of seven Shemitah years (49 years) is known as the Yovel (Jubilee) year - fiftieth year. The Yovel is treated as a Shemitah year which means that the 48th year must support the population for four years (48, 49, 50, 51). Also, during this Yovel year, all slaves must be set free (Leviticus 25:10) and all sales of of land are returned to their owners (Leviticus 25:23) - thus there were only leases of property for periods of up to 49 years.

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Did You Hear What Sarah Said to Adam? Lashon Hara and Chilul HaShem
By Rachel-Esther bat-Avraham

We all know how easy it is to listen into a good conversation with a lot of juicy gossip attached to each sentence. We all also know how hurtful it is to have gossip spoken about ourselves. So what is Lashon Hara and what are we to do when we hear or see it?

It is forbidden to speak disparagingly about a fellow Jew (chaveir – lit. "friend") even if the information is entirely true. This is Lashon Hara.

You shall not be a gossipmonger among your people, you shall not stand aside while your fellow’s blood is shed – I am HaShem.  ---Leviticus 19:16

It is also forbidden to speak, write, communicate, or act in any way that would create a chilul HaShem (desecration of the name of G-d). This prohibition forbids speaking or acting in a disparagingly way toward a fellow Jew or non-Jew. Chilul HaShem does not sanctify G-d's Name and leads those around the offending person to question whether the person is truly a G-d-fearing, righteous Jew.

You shall not desecrate My holy Name, rather I should be sanctified among the Children of Israel; I am HaShem Who sanctifies you.  ---Leviticus 22:32

If the information contains any kernel of fabrication, the speech is also called motzi shem ra (lit. "putting out a bad name"). Those people who make a habit out of speaking in a derogatory manner are called ba'alei lashon hara (lit. "masters of lashon hara"). These ba'alei regularly create a chilul HaShem. Such behavior cuts the ba'alei off from much of the good in the world around them. In addition, this behavior cuts them off from olam habah (The World To Come). The Sages say (Bab. Erchin 15b) that there are three things that cut a person off from olam habah - murder, adultery, and idol worship and that Lashon Hara is equivalent to all three.

If someone (even a parent or teacher) attempts to coerce a person into speaking Lashon Hara, the person must resist the coercion and not speak Lashon Hara. It is also forbidden to speak Lashon Hara to avoid a financial loss or to avoid personal dishonor. It is also prohibited to speak Lashon Hara about oneself.  If one witnesses a "yirei Elokim" (sincerely G-d fearing individual) who says or does something that can be interpreted favorably and given the benefit of the doubt, whether Bein Adam L'Makom (between man and G-d) or Bein Adam L'chaveiro (between man and fellow man), one is obligated to judge him favorably even if the speech or action in question is more logically interpreted negatively. If one witnesses a "beinoni" (average person who is careful to avoid sin, yet on occasion falters) who says or does something that can be interpreted favorably or unfavorably, one is obligated to follow the favorable judgment. Even if the speech or action lean toward the negative and there is no room to interpret the behavior as favorable, one is not permitted to transgress the prohibition of Lashon Hara.

You shall not commit a perversion of justice; you shall not favor the poor and you shall not honor the great; with righteousness shall you judge your fellow.     ---Leviticus 19:15

Speaking negatively about individuals is permitted under certain circumstances and only if the reason for speaking negatively is to warn others from learning such negative behavior or prevent future harm. The prohibition of Lashon Hara applies when one speaks negatively of another in order to disparage or embarrass the individual and rejoice in the disgrace of another person. If one has spoken to the offending person and that person does not listen or change his/her ways, one is obligated to speak to the offending person's children or students in order to warn against learning the negative behavior. It is important to remember to tell the offending person that one is going to speak to his/her children or students and exactly why this is being done. When one is entering into a potential relationship - such as employment or an arranged marriage - one is permitted to inquire about a person's behavior through a third party as long as that person has been informed about the potential relationship. Even if the inquiries lead to negative speech, the inquiries are permissible in order to prevent future harm and are used for the good of the person.

Every individual Jew has the responsibility and command to not speak Lashon Hara about fellow Jews and not create an atmosphere of chilul HaShem. If one does transgress against this command, one must perform teshuvah (repentence).

1. One must realize that he/she has trespassed against another.
2. One must regret what he/she has done.
3. One must ask for forgiveness from the person against who he/she transgressed (or his/her family in the case of a death).
4. One must make restitution to the person (or his/her family in the case of a death).
5. One must honestly make attempts to not commit the same trespass in the future.

Every Jew must remember that they are representatives of G-d and are to be a Light Unto the Nations. Lashon Hara and chilul HaShem are degrading to the individual as well as to his/her fellow Jews and G-d.

© Rachel-Esther bat-Avraham 2003-2009

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