Judaism 2009

Jewish law and interpersonal ethics


Codes of Talmudic Law

Geonic era

  • She’iltot – 8th century, exposition connected to the Torah portion
  • abridgements that omit sections of Talmud not needed for deciding the law
  • monographs on specific topics in Jewish law

Rabbi Isaac Alfasi – Halakhot (11th century)

  • abridgement that added legal decisions and removed “unnecessary” material
  • remained unchallenged source of legal authority until the Shulchan Aruch

Maimonides – Mishneh Torah

  • composed in rabbinic Hebrew, modeled after style of the Mishnah
  • divided into 14 sections, each of which is divided into books, chapters, and laws
  • strong influence of Alfasi
  • encompasses full range of Jewish law – including those that could only be observed in the land of Israel under an independent Jewish state and those that needed the Temple to be followed
  • consulted full range of biblical, Talmudic, and post-talmudic literature
  • reorganized and reformulated the laws in a clear and logical system
  • presents only the normative readings, without discussion or explanation of how they were reached
  • begins with a section on systematic philosophical theology
  • his goal was to supplant the Talmud as an authority in Jewish law

Shulhan Aruch – Rabbi Joseph Caro (1488-1575)

  • follows the order of the earlier code by Rabbi Jacob ben Asher (1270-1343 of Spain), known as the Arba’ah Turim (also called the Tur).
  • four main headings
    • Orah Hayyim – worship and ritual observance in the home and synagogue
    • Yoreh Deah – ritual prohibitions, including laws of kashrut and niddah
    •  Even Ha-Ezer – marriage, divorce, family law
    •  Hoshen Mishpat – civil law
  • origins in the Beit Yosef, his detailed commentary on the Tur, which traced every law to its sources in Talmudic and medieval rabbinic literature, and comparing interpretations and rulings of the main medieval authorities. The Shulhan Aruch summarizes conclusions of the Beit Yosef
  • he follows the legal opinions of Alfasi, Maimonides, Rabbi Asher ben Jehiel (Rosh, Asheri), father of Jacob ben Asher
  • rapidly came to be accepted in almost all Jewish communities as the most authoritative statement of normative religious law

Rabbi Moses Isserles – Mappah (1530-1572)

  • supplementary glosses to the Shulchan Aruch that cite overlooked Ashkenazi authorities
  • he drew material from the laws, interpretations, and customs of Franco-German and Polish Jewry

Kitzur Shulhan Aruch, laws of charity


Why is it necessary to give charity? What are the rewards of giving charity?
What are the obligations of every person to give charity?
How much should one give in charity?
In what manner should one give charity?
What is the order of precedence in who gets charity first?
How should one deal personally with a poor person?
What is the best way to give charity?
When is one obligated to take charity, and when should one avoid taking charity?


Mishneh Torah, Book One: Knowledge; Laws relating to moral dispositions and ethical conduct chapters 6 and 7

For a more detailed discussion of the different paragraphs of the Mishneh Torah and the Kitzur Shulhan Aruch, see the attached document below entitled "02-18-09 Mishnah Torah and Kitzur Shulhan Aruch).

Frequently cited Biblical verses


Prov. 13:20 – “He who keeps company with the wise becomes wise, but he who consorts with dullards comes to grief.”
Ps. 1:1 – “Happy is the man who has not followed the counsel of the wicked, or taken the path of sinners, or joined the company of the insolent.”
Lam. 3:28 – “Let him sit alone and be patient.”
Jeremiah 9:1 – “Oh, to be in the desert, at an encampment for wayfarers! Oh, to leave my people, to go away from them – for they are all adulterers, a band of rogues.”

Deut. 10:12-13, 19-21 – “And now, O Israel, what does the Lord your God demand of you? Only this: to revere the Lord your God, to walk only in His paths, to love Him, and to serve the Lord your God with all your heart and soul, keeping the Lord’s commandments and laws, which I enjoin upon you today, for your good…. For the Lord your God is God supreme and Lord supreme, the great, the mighty, and the awesome God, who shows no favor and takes no bribe, but upholds the cause of the fatherless and the widow, and befriends the stranger, providing him with food and clothing. You too must befriend the stranger, for you were strangers in the land of Egypt. You must revere the Lord your God: only Him shall you worship, to Him shall you cleave, and by His name shall you swear. He is your glory and He is your God, who wrought for you those marvelous, awesome deeds that you saw with your own eyes.”

Deut. 6:5 – “You shall love the Lord your God with all your heart and with all your soul and with all your might.”

Leviticus 19:16-18 – “You shall not go up and down as a talebearer among your people, neither shall you stand idly by the blood of your neighbor. You shall not hate your brother in your heart. You shall surely rebuke your neighbor, and you shall suffer no sin because of him. You shall not take vengeance or bear a grudge against the children of your people. You shall love your neighbor as yourself: I am the Lord.”

Ex. 22:21-23 – “You shall not ill-treat any widow or orphan. If you do mistreat them, I will heed their outcry as soon as they cry out to Me, and My anger shall blaze forth, and I will put you to the sword.”

Questions on particular paragraphs

6.1 – What assumption about human nature does Maimonides make in this section? What does he advise that people do, and why?

6.2 – How does this paragraph understand the phrase “unto Him you shall cleave” (Deut. 10:19)? Why is it impossible for a human being to “cleave to the Shekhinah”? (The Shekhinah is the divine presence). What should a person do instead? Why is marrying a scholar’s daughter or marrying your son to a scholar’s daughter important? Why is it so important to be in the company of the sages?

6.3 – Who is the “neighbor” in the verse, “You shall love your neighbor as yourself” (Lev. 19:18)? What precisely does one have to do to love the neighbor? Is this love a feeling or something else?

6.4 – What are the two affirmative precepts (positive commandments) that one fulfills by loving a convert to Judaism? What relation does the love of the stranger (or the convert) have to the love of  God?

6.6 - How does this paragraph interpret the verse, “You shall surely rebuke your neighbor” (Lev. 19:17)? How should you react to someone who wrongs you? Should you speak or keep silent? How should you react if your neighbor asks forgiveness for having harmed you?

6.7 – How does this paragraph interpret Lev. 19:17 in such a way as to extend its meaning from the previous interpretation? What is the correct way to rebuke another person? Why should you rebuke a person who has not harmed you personally?

6:8 – What is wrong about putting a person to shame publicly? What relation does this command have to Lev. 19:17 (“do not suffer sin because of him”)? What actions are included in the category of public shaming? What are the duties to God that can permit public shaming?

6.9 – What is the proper way to behave towards widows and orphans? Why should they be treated so carefully?

7:1 – What does it mean to be a “talebearer” or to “stand idly by the blood of your neighbor”?

7:5 – what does evil speech consist of?

7:7 – How is taking revenge defined and why is it forbidden?

7:8 – How is bearing a grudge defined and why is it forbidden? What are the bad consequences of bearing a grudge?

Links to further pages on Jewish ethics

Jewish Business Ethics

Rubashkin and Agriprocessors

War and ethics - Gaza War

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  • 02-18-09 Mishneh Torah and Kitzur Shulhan Aruch.doc - on Feb 22, 2009 11:21 AM by Rebecca Lesses (version 2 / earlier versions)
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