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Beyond the letter of the law : essays on diversity in the halakhah in honor of Moshe Zemer / edited by Walter Jacob
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Writing Responsa: A Personal Journey

was understood thatdivine revelation had ended- with all the theological implications of that view: It meant that Christianity and [slam could be rejected on this ground alone. It made direct contact between human beings and God problematic and led to the development of Jewish mysticism. At times, as with Joseph Caro , the mystical path coalesced with the halakhic road.

Succeeding generations have treated the halakhah in four ways.(1) Most scholars in all generations have seen themselves as only clarifying the tradition assumed to be unchanged since Moses . The entire halakhah was understood as a unified whole and all segments were forced into this position through any means possible even when a simple reading would show tensions, contradictions, or radical shift from earlier decisions. The myth of a unified tradition was maintained.(2) Some scholars have stated that they wished to return to the original meaning of the tradition held in the days of Moses or by the talmudicgiants.(3) Still other scholars have understood that they were reinterpreting the halakhah to fit into a new age with due consideration for the past.(4) Some in many generations have sought to systematize and simplify the halakhah by creatingcodes which summarized the halakhah as they understood it. This was also intended to make the halakhah accessible to the average Jews . Each codification has been vigorously opposed as its commentaries and super-commentaries show.(5) Finally fakanot have always been used to deal with difficult issues, often, theoretically, on a temporary basis; yet many became permanent. The Reform movement has used this process to deal with status and other matters.

Those who have taken the first path, have spent vast energies adjusting and harmonizing the strands of the tradition and its contradictory statements from the Torah , through the two Talmuds , and the subsequent literature. Over the millennia, this task has become increasingly difficult. In the responsa literature it has often led to very long essays in answer to a simple question.

Those who have taken the second path, many in the generation