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Toward a Creative Halachah

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Jewish religious law faces a critical challenge: adapt meaningfully to modern life or risk irrelevance. Drawing on a parable from Seder Eliyahu Zuta that likens divine law to wheat and flax requiring human cultivation, Kreitman demonstrates how Halachah demands active development rather than static preservation. Historical analysis reveals how Talmudic sages successfully adapted religious law through interpretation, modification, and legal fictions to address evolving social and economic circumstances. Yet today, three primary obstacles prevent Conservative Judaism from embracing creative Halachic development: fear of further fragmenting the Jewish community, false humility regarding contemporary rabbinic authority compared to previous generations, and excessive ideological diversity within the Conservative rabbinate. As modern Halachah grows increasingly disconnected from contemporary Jewish life, Kreitman advocates for bold reinterpretation of ritual and civil law categories while maintaining continuity with tradition. Such creative development, he argues, is essential for Jewish religious survival in the modern era. Contemporary rabbis must ultimately embrace their role as builders rather than merely inheritors of Halachah.

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    Published 1967

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    Benjamin Kreitman