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Beliefs & Restrictions

Halakha is binding but evolves through scholarship

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Origin 1854 to 1886

Conservative Judaism, called Masorti outside North America, holds that Jewish law is binding and that it has always developed, and that both halves of the claim must be kept. It emerged in the nineteenth century from the positive-historical school of Zacharias Frankel as a middle position between Orthodoxy's account of an unchanging revealed law and Reform's treatment of ritual as optional, and it applies critical historical scholarship to the sources while continuing to legislate through them. Its Committee on Jewish Law and Standards issues rulings, sometimes more than one on a question, and has permitted driving to synagogue on the Sabbath, ordained women as rabbis from 1985, and admitted openly gay candidates from 2006. Orthodoxy answers that a law revisable by scholarship on historical grounds is no longer binding law; the movement replies that the alternative is a fiction about the past.

Facts
Status
Status Within the Tradition
Binding, without a formal definition 2Tradition: Conservative Judaism
Sourced to the subject's own accountHeld, and worked out case by case through the movement's law committee
Status Within the Tradition
Rejected, or not held, within this tradition 1Tradition: Orthodox Judaism
Not held; halakha is binding and not subject to development of this kind
Origins
Origin Period
1854 to 1886 1
Origin Period
Institutionally the Jewish Theological Seminary from 1886 1
Belief
Subject
Religious authority and succession 1
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Halakha Binds, and Develops

Conservative (Masorti) Jews affirm that halakha, Jewish law, is binding upon them, and at the same time that it has always developed through the interpretation of qualified scholars responding to new conditions. The movement holds together two commitments that it sees as historically inseparable: fidelity to the received legal tradition, and the recognition, drawn from modern historical study, that the law has changed over the centuries through rabbinic reasoning. Its rabbinical body issues rulings that can permit change, on questions such as driving to synagogue or the roles of women, while insisting the process remain within halakhic method.

The movement's intellectual roots reach to Zecharias Frankel, a nineteenth-century German rabbi who broke from the more radical wing of Reform at the 1845 Frankfurt rabbinical conference to found what he called Positive-Historical Judaism, insisting that Jewish law be studied through its actual historical development even while remaining religiously binding. Solomon Schechter later carried this approach to the United States, reorganizing the Jewish Theological Seminary in New York from 1902 and shaping it into the institutional and intellectual center of what became American Conservative Judaism, a movement that has continued to understand halakha through the same combination of historical-critical scholarship and binding religious authority Frankel first articulated.

A Middle Path

This affirmation defines Conservative Judaism's position between Orthodoxy, which holds the law binding and resists such development, and Reform, which treats observance as a matter of informed personal choice. The movement presents itself as conserving traditional practice while allowing disciplined evolution, so that change must be argued from within the sources rather than adopted by individual preference. The belief is thus both a theology of law and the organising principle that distinguishes the movement from its neighbours.

The movement's Committee on Jewish Law and Standards has issued a series of landmark rulings often cited as test cases of its method: a 1950 responsum permitting driving to synagogue on Shabbat where walking distance made attendance otherwise impossible, the 1983 decision to ordain women as rabbis, and a 2006 ruling easing restrictions on gay and lesbian ordination and commitment ceremonies. Each ruling was argued, in keeping with the movement's founding principle, from within halakhic sources and precedent rather than simply set aside, though Orthodox authorities have generally rejected the resulting conclusions as illegitimate applications of the method, disputes that illustrate exactly how contested the boundary between faithful development and departure from halakha can be in practice.

Cross-Tradition Connections

Affirmation Of

Halakha, Doctrines

Reconciliation: affirmed Belief -> contested Doctrine concept (Halakha (binding-but-evolves)).

Belongs to Tradition

Conservative Judaism holds Jewish law binding while teaching that it has always developed, so its rabbinical assembly may issue rulings, on driving to synagogue or on the ordination of women, that alter received practice.

Source Encyclopedia of ReligionMircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.)
Sources
1. Encyclopaedia Judaica, 2nd edition
Michael Berenbaum and Fred Skolnik (eds.), Macmillan Reference USA, 2007s.v. Conservative JudaismView the Source
2. Homosexuality, Human Dignity and Halakhah: A Combined Responsum for the Committee on Jewish Law and Standards
Elliot N. Dorff, Daniel S. Nevins and Avram I. Reisner, Rabbinical Assembly, 2006the holders' own accountView the Source
Encyclopedia of Religion
Mircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.), Macmillan Reference, 2005View the Source
Mishneh Torah
Moses MaimonidesView the Source
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