Law and Custom
o n e  o b j e c t

Law

Judaism, the oldest monotheistic religion, derives from both oral and written tradition. In post-Biblical times (mid-fifth century B.C.E.) Nehemiah recorded a covenant made between God and the Jews: “To walk in God’s law which was given by Moses, the servant of God, and to observe and do all the commandments of the Lord our God and His ordinances and His statutes” (Nehemiah 10:30). This covenant is contained in the decalogue and expanded to 613 precepts all within the writings of Torah.

            While this law is from both oral and written tradition, the Torah is a summation of these two mutually linked “media.” The formal term for the Hebrew bible is Tanakh, which is divided into three parts. The first and most revered part is the Five Books of Moses, also called the Pentateuch: Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. This is followed by the section known as Prophets (Hebrew Nevi’im), which includes the Books of Joshua, Judges, Samuel, Kings, Isaiah, Jeremiah, Ezekiel, and the Twelve Minor Prophets. The third part of the canon is the Writings (Hebrew Ketuvim) made up of the Book of Psalms, Proverbs, Job, Song of Songs, Ruth, Lamentations, Ecclesiastes, Esther, Daniel, Ezra, Nehemiah, and the Chronicles. All of these works form the base of halakhah (law) and aggadah (narration), which is devoted to ethical and philosophical questions taught through stories.
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            Under the Hasmonean dynasty that ruled the Jewish free state around 150 B.C.E., there was strong national feeling that there was a need for ordinances and regulations beyond the law of Torah. There was a need for a code of civil law as well as refinement of biblical criminal law. A new code called the Mishnah was developed and completed toward the end of the second century C.E. It was a time of national catastrophes, including the fall of the Jewish State in 70 C.E. as well as the defeat of the Bar Kochba uprising in 133 C.E. These events had tremendous impact on the acceptance and usage of the new corpus juris. This new body of law was the cooperative work of all the prominent scholars of that period. The Mishnah was followed by the Gemarah (a commentary) and the two were bound together in what is called the Talmud. This work exists in two versions: the Jerusalem Talmud, concluded in the fourth century C.E., and the Babylonian Talmud, completed in the fifth century C.E. The Babylonian Talmud is the primary one used in our time. The entire legal code of the Jews is contained in this body of literature.

            The presence of a Torah scroll is a requirement in every Jewish sanctuary. It is read and studied in small sections throughout the Jewish calendar year and is most sacred to every Jew.

Custom

A Jewish sage is quoted as saying “When a practice is performed three times it will probably become custom.” There is often a thin line in the minds of practicing, though not formally educated, Jews between custom and law. This is true especially among women who are entrusted with the provisions for home celebrations. When asked why they perform in a particular way they will often respond “Because my mother did it.” Within the strict Orthodox communities, the Rebbi or Rav rules on all issues to avoid confusion and misinterpretation. Custom permeates all parts of dress, use of artifacts, and observance. Major and minor differences surface at the time of Jewish marriages. What will the groom wear, kittl or suit? Will the huppah be held by four people or be free-standing? Will the bride circle the groom two or thirteen times alone, or be led by the two mothers or not at all? On the couple’s first Shabbat they should decide how many candles the bride will light. At the end of Shabbat, will they dip the braided candle into wine to extinguish it? When the children are born, will they be named for living relatives as in Sephardi custom, or for a deceased beloved, as the Ashkenazi Jews prefer? So on through the cycle of life and the festival celebrations, custom and option play a large role in the selection and use of artifacts and costuming.
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            In this exhibit, we display the cantor’s robe and hat (Cat. 37) chosen by Cantor Meisels of blessed memory. Such garments remain the personal choice of the hazzen (cantor). There are many dreidl, menorot, and hanukkiot presented to demonstrate

variances, all of which are acceptable and kosher. Jewish law provides for the safety of life, and custom is sometimes determined with practicality in mind. The hanukkiah, once hung on the outside of a house, now is to be found inside and safely may be seen through a window.