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Authoritative Sources in Halakhic Decision Making

In Jewish tradition as a whole, Scripture is of paramount importance and authority in the development of Halakhah. In principle, issues become "Halakhic" because they are connected to some area of life in which Scripture reveals certain authoritative norms. In addressing those issues, Scripture is not the only resource consulted. However, it is always the source of greatest sanctity. Thus, when Rabbinic literature distinguishes between laws that are d'oraita (ordained by Scripture) and those that are d'rabbanan (established by Rabbinic authority), precedence is always given to those that are d'oraita.

Within Tanakh, Jewish tradition has always regarded the Torah (i.e., the Pentateuch) as possessing unique authority in the development of Halakhah. While the Prophets and the Writings amplify and clarify the intent of the Torah, the Torah is always foundational in matters of Halakhah.

In addition to Tanakh, we as Messianic Jews have another authoritative source for the making of Halakhic decisions: the Apostolic Writings. Yeshua himself did not act primarily as a Posek issuing Halakhic rulings, but rather as a prophetic teacher who illumined the purpose of the Torah and the inner orientation we should have in fulfilling it. Nevertheless, his teaching about the Torah has a direct bearing on how we address particular Halakhic questions. As followers of Messiah Yeshua, we look to him as the greatest Rabbi of all, and his example and his instruction are definitive for us in matters of Halakhah as in every other sphere.

In addition, the Book of Acts and the Apostolic Letters provide crucial halakhic guidance for us in our lives as Messianic Jews. They are especially important in showing us how the early Jewish believers in Yeshua combined a concern for Israel's distinctive calling according to the Torah with a recognition of the new relationship with God and Israel available to Gentiles in the Messiah. They also provide guidelines relevant to other areas of Messianic Jewish Halakhah, including (but not restricted to) areas such as distinctive Messianic rites, household relationships, and dealing with secular authorities.

Just as teaching associated directly with the person of Moshe is foundational in relation to other material in Tanakh, so teaching associated directly with the person of Yeshua is foundational in relation to other material in the Apostolic Writings. This is evident in the way Paul contrasts halakhic instruction deriving from the teaching of Yeshua with his own rulings on related matters (1 Corinthians 7:10, 12, 25), without detracting from the authority he possessed as a Shali'ach.

As Messianic Jews we affirm the special precedence given to Scriptural law in Rabbinic halakhah. However, we also affirm the Scriptural character of the Apostolic Writings. While the Torah is foundational in relation to the teaching of Yeshua and the Shelichim, the writings that record that teaching (i.e., the New Covenant Scripture) are also inspired, and they offer us an entirely reliable guide to the meaning and intent of the Mosaic Torah.

In principle, Scripture always has highest authority in the Halakhic process. However, in practice other sources play as significant or a more significant role. While all Halakhah is rooted in Scripture, the text usually provides limited information on how the mitzvot are to be lived out and how they are to be adapted to new circumstances. In order to add concrete substance to Halakhic decision making, we must have recourse to the way the mitzvot have been understood and observed by Jews throughout history and in the present.

The Torah is HaShem's gift to Israel. While it includes teaching of universal significance and application, and has special bearing on the life of those Gentiles joined to Israel through Messiah, its primary purpose as a Halakhic document is to shape the corporate way of life of the people of Israel. Rabbinic tradition holds that HaShem has given substantial authority over the practical outworking of the Torah in Israel's corporate life to the people and its recognized leaders. This principle is symbolized most powerfully by the ancient role of the Rabbinic court in announcing the New Moon and in intercalating the calendar. The pattern of holy days was established in the Torah, but the determination of those days rested in the hands of the people of Israel and its leaders.

This principle finds support in Yeshua's teaching in Matthew 23:3 which urges obedience to the decisions of the Pharisaic Torah-teachers. This verse echoes Deuteronomy 17:10, the key text in Rabbinic tradition undergirding the authority of Israel's sages. Thus, while we may critique traditional rulings, and argue for alternative positions, we should be reluctant to depart from Halakhic rulings accepted by Jews throughout the centuries and held today by most of the branches of Judaism and most committed Jews. At the same time, Yeshua did found a new sub-community of Jews (i.e., the ekklesia of the Circumcision) whose life is marked by an anticipatory experience of the powers of Olam HaBa, and who are to have a special relationship with a body of Gentile worshipers of the G-d of Israel (i.e., the ekklesia of the Uncircumcision). As such, he imparted to this sub-community and its leaders Halakhic decision making authority for its common life (Matthew 18:18). Thus, when the Apostolic Writings and the Good News warrant it, we may need to strike out in new directions.

As followers of a Messiah whose mission took him more to the sick than to the healthy, and who, while welcoming the righteous and the pious, eagerly pursued the am ha'aretz, we recognize that our Halakhic orientation must be toward inclusion of those Jews who have been alienated from their own heritage. Eager to heal the wounds of Israel, we also seek to lead those of ambiguous Jewish status back to the way of their ancestors. While we are committed to not diluting the demands of the Torah, we want to bring many near to Torah who are now far from it.

Therefore, like Conservative, Reform, and Reconstructionist branches of Judaism, we recognize that the new circumstances of the modern world require adaptation in traditional practices. Our Halakhic decision making will require thoughtful reflection on these new circumstances, and the changes they may require. In this process, we should pay special attention to the Halakhic analysis and rulings of these branches of Judaism, and learn from them.

Responsible engagement in the Halakhic process places enormous demands on Jewish leaders. We will need to devote ourselves to serious study, prayer, discussion, and corporate decision-making. At the same time, we believe that the Resurrected Messiah dwells among us and within us, and we rely upon his ongoing guidance as we seek to carry on his work of raising up the fallen booth of David within the people of Israel.