U’Tz’lafchad ben Cheifer lo hayu lo banim ki im banot v’sheim banot Tz’lafchad Machlah, v’Noa, Choglah, Milkah, v’Tirtzah. (B’midbar 26:33)
Vvtikravna b’not Tz’lafchad…. Vata’amodnah lifnei
Moshe v’lifnei Elazar Hakohein v’lifnei ha’n’si’im v’chol ha’eidah… leimor.
Avinu meit bamidbar v’hu lo hayah b’toch ha’eidah hago’adim al A’donai… u’vanim
lo hayu lo. Lamah yigara sheim avinu mitoch mishpachto ki ein lo bein t’nah lanu
ahuzah b’toch ahei avinu. Vayikreiv Moshe et mishpatan
lifnei A’donai. Vayomer A’donai el
Moshe leimor. Kein bnot Tz’lafchad dovrot naton titein lahem ahuzah nahalat…
et nahalat avihen lahen. (27:1-7)
…V’haita livnei Yisrael l’hukat mishpat ka’asher
tzivah A’donai et Moshe. (27:11)
And Tz’lafchad ben Cheifer had no sons, but he had
daughters, and the names of the daughters of Tz’lafchad were Machlah, Noa,
Choglah, Milkah, and Tirtzah.
And the daughters of Tz’lafchad approached…. And they
stood before Moshe, and before Elazar the Kohein, and before the leadership and
all of the community… saying. “Our father died in the wilderness and he was not
among the community that gathered against God… and he had no sons. Why should
the name of our father be lost from within our family therefore give us a
portion among our father’s brothers. And Moshe brought this judgment before
God. And God said to Moshe. The daughters of Tz’lafchad speak correctly; you
shall surely give to them a portion of inheritance… their father’s inheritance
shall go to them.
And this shall be for the Children of
Israel a statute of law that God commanded Moshe.
This is a fascinating piece of text. Already in the
Torah comes a case when the law, so recently given, does not fit the situation.
What is the response? Is the circumstance made to fit the law? No. The law
evolves in order to adapt to the conditions of the moment. It is not a change
in law. The previous law is not negated. It is an evolution building upon the
precedent of the previous law. This is why I am a Conservative Jew, because I
can point to this moment in the Torah and see that the halakhah is meant to
evolve and adapt when circumstances require it to do so.
The Movements are often defined like this: The Orthodox
do everything. The Conservatives do some things. The Reform do nothing, and the
Reconstructionists are confused. Unfortunately this says nothing about the
reality of what each movement professes. Reconstructionism is actually
trans-denominational, viewing Jews as part of a shared legacy and culture. The
values of the individual and the modern society come first, and a
Reconstructionist Jew can be from anywhere along the movement spectrum. Belief
is not the object; connection to the People is.
The Reform Movement believes that Torah and mitzvot
were created by humans to help bring them closer to God. Mitzvot are not
commanded, but created. They believe in educated choice, not a whole scale
rejection of Jewish practice. It too focuses on the individual. Each person
should study to discover which “mitzvot” will help bring him/her closer to God
and to the Jewish people. “Mitzvot” that do not do this can be discarded.
The Orthodox Movement believes that both the Written
Torah and the Oral Torah, the codes of law from the Mishnah and the Talmud, are
Divine in origin and given at Sinai. As such they are unchanging. The rabbis of
the Mishnah and Talmud were illuminating the teachings rather than speaking
them themselves.
Conservative Judaism believes in Torah miSinai, but
there is an understanding, dating from the Torah itself, that the halakhah
evolves over time based on need and precedent. We do not reject the laws that
came before, but we also view the law as living, vibrant, and ever evolving to
meet the needs of an ever-evolving Jewish community.
As a student of Jewish history and halakhah, from the
Torah to the modern day, I see Conservative Judaism as the most authentic
movement, capturing both the letter and the spirit of the law in its ability to
adapt to new circumstances based on past precedent. The Torah teaches us to act
b’tzelem Ehlohim, in
the image of God. The Talmud tells us lo bashamayim hi, that the law is not unchanging in heaven. Parashat
Pinchas gives us precedent. Conservative/Masorti Judaism balances all these,
acting in the image of God while understanding the law must be a living,
evolving system of law on earth.
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