RS702 – The Halakhic Process

Instructor:  Prof. Vered Hillel
Location: https://mjti.populiweb.com
Dates: March 30–June 8, 2025

COURSE DESCRIPTION
The Messianic Jewish rabbi will be called upon to work with other rabbis to establish halakhic norms, explain and apply these norms in congregational life, and render opinions on halakhic matters not directly covered by our established norms. This course will familiarize students with the textual sources and the historical and current process of halakhic formation required to fulfill these tasks and incorporate distinctive elements of Messianic Jewish Halakah.

RELATIONSHIP TO THE CURRICULUM
This course is required for the MRS degree.

RELEVANCE
This course will provide the foundational principles of the halakhic process. It is pivotal for Messianic Jewish rabbis to understand the halakhic process from the Talmudic era through modern times and how this has focused more on the pragmatic than the theoretical. To build a mature Messianic Judaism, our rabbis need to be skilled at knowing the degree to which old principles have remained stable or modified and how non-halakhic considerations have been utilized in the halakhic process. This class will teach implicit and explicit systematic principles of analysis gleaned from primary Jewish sources used to make halakhic decisions and how to incorporate modern scientific advances in the decision-making process, all in light of Yeshua. These principles are vital as all new halakhic decisions should demonstrate how and under what conditions they continue to be authentically incorporated into the existing halakhic process. Embracing the traditional/historical halakhic process, Messianic Judaism is embedded more into its Jewish matrix.

COURSE OBJECTIVES

The course will:

1. Endeavor to enable MJ rabbis to embrace traditional/historical halakhic process in the development of their MJ community, as well as the wider MJ community, and not to train Poskim;
2. Introduce implicit and explicit systemic principles of analysis used in halakhic decision making;
3. Assume that halakha is ours (MJs) as part of the Jewish people and not simply the possession of the Orthodox community;
4. Exemplify the complexity of the halachic process and the need to know Rabbinic halakhic material;
5. Emphasize the gradations of authority in the halakhic process and its pragmatic nature, as well as the primacy of Torah;
6. Explore ways to incorporate Yeshua-faith into the halakhic process.

LEARNING OBJECTIVES

By the end of this course, the student will be able to:

1. Understand the pragmatic and theoretical aspects of the halakhic process;
2. Know the fundamental principles upon which the halakhic system functions;
3. Recognize and answer the various kinds of questions dealt with by posekim;
4. Apprehend and utilize the systematic principles of the halakhic process, including those that govern the use of “precedent” and “custom” in halakhic decisionmaking;
5. Discuss the source and scope of rabbinic authority;
6. Incorporate extralegal sources into halakhic discussion and decision-making;
7. Articulate how Yeshua-faith impacts the halakhic process and our engagement with it;

PREREQUISITE
R501

TECHNICAL REQUIREMENTS
This is an asynchronous course with three face-to-face classes via Zoom

COURSE FORMAT
Podcast Lectures, Three Online lectures via Zoom, asynchronous online discussions, quizzes and a comprehensive final exam.

REQUIREMENTS
Listening to all lectures, reading all assigned texts, active participation in all discussion threads, and completion of final examination.

REQUIRED TEXTS

• Abelson, Kassel and Loel M. Weiss. “Burial of Non-Jewish Spouse and Children.” (online).
• Berkovits, Eliezer. Not in Heaven: the Nature and Function of Jewish Law. Jerusalem and NY: Shalem Press, 1983.
• Zemer, Moshe. Evolving Halakhah: A Progressive Approach to Traditional Jewish Law. Woodstock, Vermont: Jewish Lights, 2003.
• Course Reader, articles available on Populi

RECOMMENDED READING

• Broyde, Michael, J. Innovations in Jewish Law: A Case Study of Chiddush in Havineinu. Jerusalem/New York: Urim/Lambda, 2010.
• Heger, Paul. The Pluralistic Halakhah. Berlin, New York: De Gruyter, 2003.
• Jacobs, Louis. A Tree of Life: Diversity, Flexibility, and Creativity in Jewish Law. Oxford: OUP, 1984.
• Klein, Isaac, Responsa and Halakhic Studies. Jerusalem: Schecter Institute of Jewish Studies, 2005.
• Kwall, Roberta Rosenthal. The Myth of the Cultural Jew: Culture and Law in Jewish Tradition. Oxford: OUP, 2015.
• Novak, David. Halakah in a Theological Dimension (Brown Judaic Studies 68). Chico, CA: Scholars Press, 1985.
• Roth, Joel. The Halakhic Process: A Systemic Analysis. NY: JPS, 1986.
• Walter, Moshe. The Making of a Halachic Decision: A comprehensive analysis and guide to halachic rulings. Brooklyn: Menucha Publishers, 2013.