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Re-examining progressive halakhah / edited by Walter Jacob and Moshe Zemer
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A Critique of Solomon B. Freehof s Concept of Minhag 127

approach of mishpat ivri are irrelevant, as are the historical reali­ties that mitigated for or against the existence of a functioning Jewish legal system beyond the realm of issur.

To be sure, he realized that there are problems with such an approach, chief among them the vexing question of Shabbat . He certainly did not want to say that the fact that Reform Jews largely ignore Shabbat means that the ongoing process of minhag has eliminated the day of rest from Judaism, though in print its absence is merelyunfortunate. But in truth, his collapse of the entire halakhic system into the amorphous category of min­hag/ practice leaves him no consistent way to criticize that non­observance. For Freehof , vox populi may not be vox dei, since ceremonies are not in any case divinely ordained, but essen­tially, Jewish practice is whatever Jewish people want to practice at any given historical juncture.®!

Conclusion

Freehof s Introduction to Reform Jewish Practice employs halakhic sources to justify an argument which is not halakhic but ideo­logical. Freehof understands Reform Judaism to be, as a result of the Emancipation, the successor to Orthodoxy . Its succession is demonstrated and legitimated through the concept of minhag, a halakhic concept which Freehof tacitly redefines in order to equate it with what he labels Reformpractice. However, this equation is flawed, as is his historical analysis, rendering his entire approach problematic.; Postscript:In his Introduction to Reform Jewish Practice Free­hof wrote,Reform Jewish practice is not fixed. It is still chang­ing. But by this time it has fairly well crystallized. It has arrived for the present at least at a definite form....[A]ll the Reform practices together form a fairly harmonious unity 2" This pas­sage reflects the essential unity of form which still marked Reform Judaism at mid-century. When that status quo began, however, to change in subsequent decadesid est, when the process of minhag, as Freehof had defined it, threatened to under­mine the practice he regarded as normative, his response was not always positive. He was no longer as open topopular creativ­ity. Although in his published work he struggled toward a con­sistent accommodation to the ongoing process of minhag within