Q&A: Changes in Jewish Law
Changes in Jewish Law
Question
Hello and good evening,
I’ve seen that you wrote several times about the need for changes in Jewish law in accordance with the era and the times.
I wanted to know whether there is any mention of such a phenomenon in Judaism—Talmudic texts, medieval authorities, aggadic literature, or just history—where significant things were changed בעקבות changes in the times.
The only example I know is Rabbenu Gershom, who prohibited marrying two women, but that’s not so significant because it isn’t a change in a prohibition and not even in a commandment.
Because on the other hand, opposite examples are endless.
There are many places in the Talmudic texts and in the medieval authorities where the impression is of a real insistence not to change.
If you have examples in the other direction, I’d be happy if you could point me to sources.
Thanks in advance.
Answer
They abolished the death penalty / exile when murderers became too numerous. The most extreme case is Meiri regarding the attitude toward gentiles. Tosafot on Avodah Zarah 15 about selling animals to gentiles; Tosafot on “Eizehu Neshekh” regarding interest to a gentile. Rabbi Akiva Eger on Sabbath 64 regarding “and she shall remain in her menstrual impurity” (though that is not due to a change in reality). See examples in my book on changes in rabbinic enactments and decrees. (There are very many dozens of examples in Neria Gutel’s book The Changing of Natures, in the last chapter, though the whole book deals with such changes.) Maimonides omits Talmudic laws that relate to mysticism, demons, and the evil eye (his son Rabbi Abraham explains that nature changed).
Awareness that reality changes and that Jewish law can change is a modern characteristic. In the past they thought that the world always continued in its regular course and that there were no real changes.