Takanot
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A ''takkanah'' (, pl. ''takkanot'', 'improvement') is a major legislative enactment within ''
halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...
'', the normative system of
Judaism Judaism () is an Abrahamic religions, Abrahamic, Monotheism, monotheistic, ethnic religion that comprises the collective spiritual, cultural, and legal traditions of the Jews, Jewish people. Religious Jews regard Judaism as their means of o ...
's laws. A ''takkanah'' is an enactment that revises an ordinance that no longer satisfies the requirements of the times or circumstances or which, being deduced from a biblical passage, may be regarded as new. A ''takkanah'' is enacted by a rabbinical decree or ordinance to improve and preserve religious life. It is, therefore, the antithesis of the ''gezerah'' (). The term is applied also to the institution provided for in the enactment. ''Takkanot'' were enacted even in the time of the
Second Temple The Second Temple () was the Temple in Jerusalem that replaced Solomon's Temple, which was destroyed during the Siege of Jerusalem (587 BC), Babylonian siege of Jerusalem in 587 BCE. It was constructed around 516 BCE and later enhanced by Herod ...
, those of unknown origin being ascribed to earlier leaders, and they have been promulgated at all subsequent periods of Jewish history.


Introduction

Classical Jewish law granted
rabbis A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as '' semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of ...
wide legislative powers. There are two powerful legal tools within the ''Halakhic'' system: * ''Gezeirah'': "preventive legislation" of the classical rabbis, intended to prevent violations of the
commandments Commandment may refer to: * The Ten Commandments The Ten Commandments (), or the Decalogue (from Latin , from Ancient Greek , ), are religious and ethical directives, structured as a covenant document, that, according to the Hebrew Bible, ...
* ''Takkanah'': "positive legislation", practice instituted by the rabbis not based (directly) on the commandments as such (e.g. rabbinical mitzvot). However, ''takkanah'' refers to either ''gezeirot'' or ''takkanot''. ''Takkanot'', in general, do not affect or restrict observance of ''
mitzvot In its primary meaning, the Hebrew word (; , ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment from God to be performed as a religious duty. Jewish law () in large part consists of discussion of these commandments ...
''. However, the
Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...
states that in exceptional cases, the Jewish sages had the authority to make a ''gezeirah'' even if it would "uproot a matter from the Torah". In Talmudic and classical ''Halakhic'' literature, this authority refers to the authority to prohibit some things that would otherwise be biblically sanctioned (''shev v'al ta'aseh''). Rabbis may rule that a Torah-based ''mitzvah'' should not be performed—e.g. blowing the
shofar A shofar ( ; from , ) is an ancient musical horn, typically a ram's horn, used for Jewish ritual purposes. Like the modern bugle, the shofar lacks pitch-altering devices, with all pitch control done by varying the player's embouchure. The ...
on
Shabbat Shabbat (, , or ; , , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazi Hebrew, Ashkenazim, is Judaism's day of rest on the seventh day of the seven-day week, week—i.e., Friday prayer, Friday–Saturday. On this day, religious Jews ...
or blessing the lulav and etrog on Shabbat. These ''gezeirot'' are executed out of fear that some might otherwise carry the mentioned items between home and the
synagogue A synagogue, also called a shul or a temple, is a place of worship for Jews and Samaritans. It is a place for prayer (the main sanctuary and sometimes smaller chapels) where Jews attend religious services or special ceremonies such as wed ...
, thus inadvertently violating one of the
39 Melakhot The 39 ''Melakhot'' (, '' lamed-tet avot melakhah'', "39 categories of work") are thirty-nine categories of activity which Jewish law identifies as prohibited by biblical law on Shabbat. These activities are also prohibited on the Jewish holidays l ...
, a greater sin than neglecting the banned ''mitzvah''. Another rare and limited form of ''takkanah'' involved overriding Torah prohibitions. In some cases, the sages allowed the temporary violation of a prohibition in order to maintain the Jewish system as a whole. This was part of the basis for
Esther Esther (; ), originally Hadassah (; ), is the eponymous heroine of the Book of Esther in the Hebrew Bible. According to the biblical narrative, which is set in the Achaemenid Empire, the Persian king Ahasuerus falls in love with Esther and ma ...
's relationship with
Ahasuerus Ahasuerus ( ; , commonly ''Achashverosh''; , in the Septuagint; in the Vulgate) is a name applied in the Hebrew Bible to three rulers of Ancient Persia and to a Babylonian official (or Median king) first appearing in the Tanakh in the Book of ...
.


Biblical ''takkanot''

Ascribed to
Moses In Abrahamic religions, Moses was the Hebrews, Hebrew prophet who led the Israelites out of slavery in the The Exodus, Exodus from ancient Egypt, Egypt. He is considered the most important Prophets in Judaism, prophet in Judaism and Samaritani ...
: # the observance on holy days of the ceremonies peculiar to the festivals in question # public
Torah reading Torah reading (; ') is a Jewish religious tradition that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the scroll (or scrolls) from the Torah ark, chanting the ap ...
on the Sabbath, holy days,
Rosh Hodesh In Judaism, Rosh Chodesh or Rosh Hodesh (; trans. ''Beginning of the Month''; lit. ''Head of the Month'') is a minor holiday observed at the beginning of every month in the Hebrew calendar, marked by the birth of a new moon. Rosh Chodesh is obs ...
, and
Chol HaMoed ''Chol HaMoed'' (), a Hebrew phrase meaning "mundane of the festival", refers to the intermediate days of Passover and Sukkot. As the name implies, these days mix features of ''chol'' (mundane) and ''moed'' (festival). On Passover, ''Chol HaMoe ...
# the first blessing in
Birkat Hamazon Birkat Hamazon ( "The Blessing of the Food"), known in English as the Grace After Meals ( "to bless", Yinglish: Bentsching), is a set of Hebrew language, Hebrew blessings that Halakha, Jewish law prescribes following a meal that includes at le ...
Berachot 48b # the eight priestly watches, four by
Eleazar Eleazar (; ) or Elazar was a priest in the Hebrew Bible, the second High Priest, succeeding his father Aaron after he died. He was a nephew of Moses. Biblical narrative Eleazar played a number of roles during the course of the Exodus, from ...
and four by
Ithamar In the Bible, Ithamar () was the fourth (and the youngest) son of Aaron the High Priest."Ithamar", '' Encyclopaedia Biblica'' Following the construction of the Tabernacle, he was responsible for recording an inventory to ensure that the construc ...
, which Samuel and David increased to twenty-fourTa'anit 27a # the seven days of wedding festivities for a virgin (the festivities for a widow's wedding were later ordained to last three days), and seven days of mourning for the dead To
Joshua Joshua ( ), also known as Yehoshua ( ''Yəhōšuaʿ'', Tiberian Hebrew, Tiberian: ''Yŏhōšuaʿ,'' Literal translation, lit. 'Yahweh is salvation'), Jehoshua, or Josue, functioned as Moses' assistant in the books of Book of Exodus, Exodus and ...
: # the second blessing in Birkat Hamazon # ten regulations which, however, are not takkanot in the strict sense of the term To
Boaz Boaz (; Hebrew: בֹּעַז ''Bōʿaz''; ) is a biblical figure appearing in the Book of Ruth in the Hebrew Bible and in the genealogies of Jesus in the New Testament and also the name of a pillar in the portico of the historic Temple in Jeru ...
, the ancestor of David: # salutation in the name of God To
King David David (; , "beloved one") was a king of ancient Israel and Judah and the third king of the United Monarchy, according to the Hebrew Bible and Old Testament. The Tel Dan stele, an Aramaic-inscribed stone erected by a king of Aram-Damas ...
: # increase of the eight watches of the priests to twenty-four (see above); # the recitation of 100 blessings daily # the third blessing in Birkat Hamazon To
King Solomon King is a royal title given to a male monarch. A king is an absolute monarch if he holds unrestricted governmental power or exercises full sovereignty over a nation. Conversely, he is a constitutional monarch if his power is restrained by f ...
: # the practise regarding the
Eruv An ''eruv'' (; , , also transliterated as ''eiruv'' or ''erub'', plural: ''eruvin'' or ''eruvim'') is a ritual ''halakhic'' enclosure made for the purpose of allowing activities which are normally Activities prohibited on Shabbat, prohibited ...
# the washing of the hands before Kiddush, which
Shammai Shammai (c. 50 BCE – c. 30 CE, , ''Šammaʾy'') also known as Shammai the Elder (שַׁמַּאי הַזָּקֵן) was a Jewish scholar of the 1st century and an important figure in Judaism's core work of rabbinic literature, the Mishnah. ...
and Hillel made obligatory for Terumah as well, while later authorities extended it to still other occasions #the regulation regarding entrance upon another's fields after the harvest (possibly enacted by Joshua also) To the early prophets: # The singing of
Hallel Hallel (, 'Praise') is a Jewish prayer, a verbatim recitation from Psalms which is recited by observant Jews on Jewish holidays as an act of praise and thanksgiving. Types Full Hallel Full Hallel () consists of all six Psalms of the Hallel, in ...
on every important occasion, and especially after escape from danger # the introduction of twenty-four divisions of laymen, corresponding to the twenty-four watches of the priests To the Prophets before the destruction of Solomon's Temple: # payment of terumah and tithes in Babylon as well as in the
Land of Israel The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine. The definition ...
Yadayim 4:3 # payment of the
second tithe The second tithe (Hebrew: ''ma'aser sheni'' מעשר שני) is a tithe mentioned in the Hebrew Bible and practised within Orthodox Judaism. It is distinguished from the first tithe (Hebrew: ''ma'aser rishon'' מעשר ראשון), the third or ...
("ma'aser sheni") in the seventh year # payment of it in Egypt, Ammon, and Moab likewise # payment of the
poor tithe The poor man's tithe (Hebrew: ''ma'sar ani''), also referred to as the pauper's tithe or the third tithe, is a triennial tithe of one's produce, required in Jewish law. It requires that one tenth of produce grown in the third and sixth years of th ...
("ma'aser 'ani") even in the seventh year To the Prophets after the destruction of the Temple: # fasting on the Seventh of Tammuz,
Tisha B'Av Tisha B'Av ( ; , ) is an annual fast day in Judaism. A commemoration of a number of disasters in Jewish history, primarily the destruction of both Solomon's Temple by the Neo-Babylonian Empire and the Second Temple by the Roman Empire in Jerusal ...
, First of Tishri, and Tenth of Tevet To
Ezra Ezra ( fl. fifth or fourth century BCE) is the main character of the Book of Ezra. According to the Hebrew Bible, he was an important Jewish scribe (''sofer'') and priest (''kohen'') in the early Second Temple period. In the Greek Septuagint, t ...
: # the reading of ten verses of the Torah by three men on Monday and Thursday (Bava Kamma 82a) # the reading of Leviticus 26:14-46 before
Shavuot (, from ), or (, in some Ashkenazi Jews, Ashkenazi usage), is a Jewish holidays, Jewish holiday, one of the biblically ordained Three Pilgrimage Festivals. It occurs on the sixth day of the Hebrew month of Sivan; in the 21st century, it may ...
, and of Deuteronomy 28:15-69 before
Rosh Hashanah Rosh Hashanah (, , ) is the New Year in Judaism. The Hebrew Bible, biblical name for this holiday is Yom Teruah (, , ). It is the first of the High Holy Days (, , 'Days of Awe"), as specified by Leviticus 23:23–25, that occur in the late summe ...
# sessions of the courts on Monday and ThursdayBava Kamma 82a # the washing of clothes on Thursday # the eating of garlic on Friday # early rising on Friday morning for the purpose of baking # the wearing of a girdle by women for reasons of modesty # the obligation of the
mikvah A mikveh or mikvah (,  ''mikva'ot'', ''mikvot'', or ( Ashkenazic) ''mikves'', lit., "a collection") is a bath used for ritual immersion in Judaism to achieve ritual purity. In Orthodox Judaism, these regulations are steadfastly adhered t ...
# the law obliging peddlers to traverse the city in case they deal in articles necessary for women # ritual baths for those who have become unclean (
Keri ''Keri'' () is a Hebrew term which literally means "accident" or "mishap", and is used as a euphemism for seminal emission. The term is generally used in Jewish law to refer specifically to the regulations and rituals concerning the emission of ...
)


Second Temple period (excluding biblical figures)

To the men of the
Great Assembly According to Jewish tradition the Great Assembly (, also translated as Great Synagogue or ''Synod'') was an assembly of possibly 120 scribes, sages, and prophets, which existed from the early Second Temple period (around 516 BCE) to the early He ...
: # introduction of blessings, prayer,
Kiddush Kiddush (; ), , is a blessing recited over wine or grape juice to sanctify the Shabbat and Jewish holidays. Additionally, the word refers to a small repast held on Shabbat or festival mornings after the prayer services and before the meal. S ...
, and
Havdalah Havdalah (, ) is a Judaism, Jewish religious ceremony that marks the symbolic end of Shabbat and ushers in the new week. The ritual involves lighting a special candle with several wicks, blessing a cup of wine, and smelling sweet spices (). Shab ...
Berachot 33a # the recitation of the ''
Shemoneh Esreh The ''Amidah'' (, ''Tefilat HaAmidah'', 'The Standing Prayer'), also called the ''Shemoneh Esreh'' ( 'eighteen'), is the central prayer of Jewish liturgy. Observant Jews recite the ''Amidah'' during each of the three services prayed on week ...
'' on weekdays # the reading of ''
Megillat Esther The Book of Esther (; ; ), also known in Hebrew as "the Scroll" ("the Megillah"), is a book in the third section (, "Writings") of the Hebrew Bible. It is one of the Five Scrolls () in the Hebrew Bible and later became part of the Christian ...
'' in the villages and unwalled cities on the fourteenth of Adar and in walled cities on the following day; banquets on those days; and the giving of alms # the introduction of seven blessings into the ''Amidah'' on Shabbat and holidays; the addition of nine benedictions to the ''
mussaf Mussaf (also spelled Musaf or Musof) is an additional service that is recited on Shabbat, Yom Tov, Chol Hamoed, and Rosh Chodesh. The service, which is traditionally combined with the Shacharit in synagogues, is considered to be additional to t ...
'' prayer for the New Moon and
Chol HaMoed ''Chol HaMoed'' (), a Hebrew phrase meaning "mundane of the festival", refers to the intermediate days of Passover and Sukkot. As the name implies, these days mix features of ''chol'' (mundane) and ''moed'' (festival). On Passover, ''Chol HaMoe ...
, and of twenty-four on fast-days # Recitation of prayers: ## recitation of a number of prayers ## period of duration of each prayer ## the offering of prayer daily ## three times on weekdays, ## four times on
Shabbat Shabbat (, , or ; , , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazi Hebrew, Ashkenazim, is Judaism's day of rest on the seventh day of the seven-day week, week—i.e., Friday prayer, Friday–Saturday. On this day, religious Jews ...
,
Yom Tov Jewish holidays, also known as Jewish festivals or ''Yamim Tovim'' (, or singular , in transliterated Hebrew []), are holidays observed by Jews throughout the Hebrew calendar.This article focuses on practices of mainstream Rabbinic Judaism. ...
, Ta’anit, fasts, & Rosh Chodesh, and ## five times on
Yom Kippur Yom Kippur ( ; , ) is the holiest day of the year in Judaism. It occurs annually on the 10th of Tishrei, corresponding to a date in late September or early October. For traditional Jewish people, it is primarily centered on atonement and ...
, the Day of Atonement # addition of the "Magen Avot" to the ''
Amidah The ''Amidah'' (, ''Tefilat HaAmidah'', 'The Standing Prayer'), also called the ''Shemoneh Esreh'' ( 'eighteen'), is the central prayer of Jewish liturgy. Observant Jews recite the ''Amidah'' during each of the three services prayed on week ...
'' at Shabbat ma’ariv # bowing before and after the first blessing ("Avot") and before and after the penultimate blessing of the ''Amidah'' ("hoda'ah") Ascribed to
John Hyrcanus John Hyrcanus (; ; ) was a Hasmonean (Maccabee, Maccabean) leader and Jewish High Priest of Israel of the 2nd century BCE (born 164 BCE, reigned from 134 BCE until he died in 104 BCE). In rabbinic literature he is often referred to as ''Yoḥana ...
(135-106 BC): # Decree forbidding the recitation of the prayer of thanksgiving, ''Viddui Ma'aser'' () by any who have not paid the proper tithes at the end of the third year # the appointment of officials to collect the tithes # the use of rings in the shambles to force the animals to stand stillSotah 47a # prohibition of blacksmithing on
Chol HaMoed ''Chol HaMoed'' (), a Hebrew phrase meaning "mundane of the festival", refers to the intermediate days of Passover and Sukkot. As the name implies, these days mix features of ''chol'' (mundane) and ''moed'' (festival). On Passover, ''Chol HaMoe ...
By the court of the Hasmoneans: # Celebration of the
Hanukkah Hanukkah (, ; ''Ḥănukkā'' ) is a Jewish holidays, Jewish festival commemorating the recovery of Jerusalem and subsequent rededication of the Second Temple at the beginning of the Maccabean Revolt against the Seleucid Empire in the 2nd ce ...
festival, beginning on the 25th of
Kislev Kislev or Chislev (Hebrew language, Hebrew: , Hebrew language#Modern Hebrew, Standard ''Kīslev'' Tiberian vocalization, Tiberian ''Kīslēw''), is the third month of the civil year and the ninth month of the ecclesiastical year on the Hebrew c ...
# Insertion of the name of God in legal documents (subsequently abrogated) By the priestly court: * the daughter of a priest to be entitled to 300 zuzim under her marriage contract, and the widow of a priest to 100 zuzim * the ketubah of a woman about to contract a levirate marriage to form a lien on the property of her first husband; and if he had no property, that of the levir to be appropriated * the ketubah of a virgin to be of the value of 200 zuzim, and that of a widow or divorcée, 100 zuzim By Shimon ben Shetach: # all the real estate of the husband to be entered in the marriage contract in favor of the wife,Shabbat 14b; Ketuvot 8, end but the former may employ the dowry in his business; # compulsory attendance at school # the declaration that foreign glass is impure By
Hillel the Elder Hillel ( ''Hīllēl''; variously called Hillel the Elder or Hillel the Babylonian; died c. 10 CE) was a Jewish religious leader, Sage (philosophy), sage and scholar associated with the development of the Mishnah and the Talmud and the founder of ...
(75 BC - 5 AD): # Introduction of the Prosbul # the purchase-money of a house to be deposited in the Temple; the original owner may seize it by force to prevent its payment to the seller before the expiration of a year By Gamaliel I (mid-1st century): # The condemnation of 2,000 (subsequently increased) cubits of ground in which New Moon witnesses might freely move on the Sabbath # the full names of the husband and the wife to be inserted in a bill of divorceGittin 34b # the signatures of witnesses to the bill of divorce # a widow may take the portion secured to her by her marriage contract only after all claims of the orphans have been fully satisfied # a bill of divorce may be declared invalid only in the presence of the messenger who has brought it, or in the presence of the wife before she has received it


Tannaitic period

Most of the ordinances of
Yohanan ben Zakkai Yohanan ben Zakkai (; 1st century CE), sometimes abbreviated as for Rabbi Yohanan ben Zakkai, was a tanna, an important Jewish sage during the late Second Temple period during the transformative post-destruction era. He was a primary cont ...
were promulgated before the time of the destruction of the
Temple in Jerusalem The Temple in Jerusalem, or alternatively the Holy Temple (; , ), refers to the two religious structures that served as the central places of worship for Israelites and Jews on the modern-day Temple Mount in the Old City of Jerusalem. Accord ...
. These include: # the New Moon witnesses must go to the place where the court assembles # the testimony of such witnesses to be received at any time during the day # they may not desecrate the Sabbath by traveling, except in Nisan and Tishri, the most important two months # the shofar to be blown even on the Sabbath # the lulav to be swung on all the seven days of the festivalRosh Hashana 30a # the consumption of new grain is forbidden during the entire day of the waving of the Omer # priests may not wear sandals when they ascend the "dukan," or platform, to pronounce the blessing # a convert must deposit a quarter-shekel in the treasury to be able to bring his sacrifice when the Temple shall be rebuilt (this was repealed by Johanan b. Zakkai himself) # abolition of the ritual governing trials for adultery Ascribed to
Gamaliel II Rabban Gamaliel II (also spelled Gamliel; ; before –) was a rabbi from the second generation of tannaim. He was the first person to lead the Sanhedrin as '' nasi'' after the fall of the Second Temple in 70 CE. He was the son of Shimon ben G ...
and the court of
Yavne Yavne () is a city in the Central District (Israel), Central District of Israel. In 2022, it had a population of 56,232. Modern Yavne was established in 1949. It is located near the ruins of the ancient town of Yibna (known also as Jamnia and Jab ...
: # Agriculture is permitted until the first day of the Sabbatical year Ascribed to the court of Yavne: # the fourth blessing of
Birkat Hamazon Birkat Hamazon ( "The Blessing of the Food"), known in English as the Grace After Meals ( "to bless", Yinglish: Bentsching), is a set of Hebrew language, Hebrew blessings that Halakha, Jewish law prescribes following a meal that includes at le ...
, in memory of those who fell at
Betar The Betar Movement (), also spelled Beitar (), is a Revisionist Zionism, Revisionist Zionist youth movement founded in 1923 in Riga, Latvia, by Ze'ev Jabotinsky, Vladimir (Ze'ev) Jabotinsky. It was one of several right-wing youth movements tha ...
# the insertion of the prayer against heretics in the time of Gamaliel, and, much later, of the "Adonai Sefatai" before the "Tefillah." After R. Gamaliel's death the
Sanhedrin The Sanhedrin (Hebrew and Middle Aramaic , a loanword from , 'assembly,' 'sitting together,' hence ' assembly' or 'council') was a Jewish legislative and judicial assembly of either 23 or 70 elders, existing at both a local and central level i ...
of Yavne seems to have gone to Usha for reasons which are no longer known, and the grounds of its takkanot are equally obscure. In view of their ethical import, however, these enactments soon became binding. They were as follows: # a man must support his minor children # if a man transfers his property to his sons, both he and his wife enjoy a life income from it # the gift of more than one-fifth of one's property for alms is forbidden # a father must deal gently with his son until the latter reaches the age of twelve; but after that age he may be severe with him # after a wife's death the husband may sell the property included in her dowry # one who attacks an old man must pay one pound of gold for the injury # elucidation of the seven doubtful reasons through which the terumah becomes unfit for use and must be burned These ordinances were enacted by the rabbis of the second generation of
tannaim ''Tannaim'' ( Amoraic Hebrew: תנאים "repeaters", "teachers", singular ''tanna'' , borrowed from Aramaic) were the rabbinic sages whose views are recorded in the Mishnah, from approximately 10–220 CE. The period of the Tannaim, also refe ...
, Rabbi Ishmael being especially mentioned. An ordinance is also extant which dates from the time called the period of religious persecution ("shemad"). When Hadrian issued his decree forbidding the Jews to observe their religion, the teachers, including R. Akiba, R. Tarfon, and R. Jose the Galilean, met in council and agreed that during the time of the persecution the Law might be transgressed in all respects, except as regarded the commands relating to idolatry, chastity, and morality, although this regulation was observed only superficially and only when necessary in order to deceive the Roman spies. Three ordinances have been preserved which were promulgated by R.
Jose ben Halafta Jose ben Helpetha, commonly known as Jose ben Halafta () was a tanna of the fourth generation (2nd century CE). He is the fifth-most-frequently mentioned sage in the Mishnah. Yose Ben Halafta is the one of two rabbis called Rabbi Yose in the Tal ...
(third generation of tannaim): # during a funeral the mourners must remain standing while those who console them pass by # women living in lonely places must associate with one another, so as not to attract the attention and evil desire of any man # a child accompanied by its mother must not lag behind on the road, lest it come to harm To R.
Judah HaNasi Judah ha-Nasi (, ''Yəhūḏā hanNāsīʾ‎''; Yehudah HaNasi or Judah the Prince or Judah the President) or Judah I, known simply as Rebbi or Rabbi, was a second-century rabbi (a tannaim, tanna of the fifth generation) and chief redactor and e ...
: # messengers must be sent every month to announce the new moon to the Diaspora # concerning the purchase of fields among the Sicarii # on menstruation


By topic


Regarding women

Ordinances from the period of the
Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...
and relating to women are as follows: # an orphan girl married during her minority may leave her husband without a bill of divorce on attaining her majority # the permission to marry a feebleminded girl # a virgin should be married on a Wednesday # various laws of purification # the earnings of the wife belong to her husband # the husband must pay all bills for his wife's illness # a husband must ransom his wife from captivity # a husband must defray the expenses of his wife's burial # whatever is found by the wife belongs to her husband # a widow is entitled to remain in the house of her deceased husband and to share in the incomeBava Metzia 52b # orphan girls share the income from their father's estate until they reach their majority # male heirs succeed to the property of the mother, even after their father's death # the daughter is entitled to a certain portion of her father's estate as her dowry # a bill of divorce must be written and signed in the presence of the messenger who is to deliver it # the date must be given in all legal documents # in a bill of divorce the date must be given according to the state calendar; later it was also dated according to the era of Creation # witnesses must sign a bill of divorce in the presence of each other # introduction of the "geṭ mekushshar" to make divorce more difficult # a woman becomes free even though only a single witness testifies to her husband's death


For the "preservation of the order of the world"

The more the Jews came in contact with the Romans and the Persians, the more they were obliged to mitigate the
black letter law In common law legal systems, black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute. Black-letter law can be contrasted with legal theory or unsettled legal issues. History and etymology In an 1 ...
, and to introduce ordinances of the class characterized as necessary "for the preservation of the order of the world," or "for the sake of peace." The regulations of this type, like those already mentioned, date from the mishnaic period, and were promulgated for the sake of morality. # A servant who is half free may compel his master to manumit him entirely; but he must give a note for one-half his value; and this debt must be paid # the ransom paid for prisoners must not exceed the usual sum # prisoners must not be allowed to escapeGittin 45a #
Tefillin Tefillin (Modern Hebrew language, Israeli Hebrew: / ; Ashkenazim, Ashkenazic pronunciation: ; Modern Israeli Hebrew, Modern Hebrew pronunciation: ), or phylacteries, are a set of small black leather boxes with leather straps containing scrolls o ...
and other sacred articles must not be taken from Gentiles for excessive price # if land in Israel is sold to a Gentile, the first-fruits must be forfeited # if one divorces his wife for immorality, he may never take her back again (ib. 45a); # on demand, one who has suffered injury is to receive reimbursement from the best of the estate; a creditor, from the medium; and a wife, with her marriage contract as security, from the worstGittin 48b # if there is any property without encumbrance, nothing may be taken in payment of a debt from a field which has been mortgaged # the least desirable portion of the real estate of orphans may be taken in payment of debts # mortgaged property may not be applied to the pleasure or support of the wife # one who finds anything shall not take an oath # a guardian may not be compelled to take an oath # accidental defilement of holy vessels either by a layman or by the priest in the Temple is punishable


For "the sake of peace"

# The call to the reading of the
Torah The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () ...
to be made in a definite orderGittin 59a # the eruv (joint legal domain to insure free movement on Shabbat) may be arranged even with unoccupied houses # the cistern nearest the river is to be filled first # Taking an animal caught in another person's trap (while hunting) is considered theftGittin 59b # things found in the possession of one to whom they would not normally come imply theft # the poor are permitted to pluck fruit from a neighbor's tree, but taking what remains on the ground is theft # even the Gentile may share in the harvest gifts to the poor


Facilitating repentance

# One who steals a beam and builds it into his house need pay for the damage to the beam onlyGittin 55a # if a robber or a usurer wishes to restore goods or money taken, they or it shall not be accepted # purchase and sale by persons not regularly dealing in the wares in question are valid, in case such persons have reached years of maturity, in order that they may support themselves # if one brings a stolen animal as a sin-offering before the theft is known, the sacrifice is valid


Business ''takkano''t

Ordinances relating to legal proceedings were highly important so long as the Jews retained their own judicial system in the Diaspora. They are a form of
business ethics Business ethics (also known as corporate ethics) is a form of applied ethics or professional ethics, that examines ethical principles and moral or ethical problems that can arise in a business environment. It applies to all aspects of business c ...
. These include:


Ordinances relating to commerce

# It is permissible to take possession of real estate under certain conditions # movables may be acquired only by actual possession, not by purchase # movables when together with immovables are acquired by purchase or contract # acquisition by a verbal conveyance of the three parties concerned is legal; this is not, however, explicitly declared to be an ordinance # a verbal conveyance of property by one who is moribund is legally binding # a convert may be the heir of a Gentile father # even before taking possession a son may dispose of a part of his deceased father's property to defray the funeral expenses # if one unwittingly purchases stolen goods, the owner must refund the money paid for themBava Kamma 114b


Ordinances relating to civil law

# In actions for debt testimony may be accepted without further investigations # actions for debt may be tried even by judges who have not yet received
semicha ''Semikhah'' () is the traditional term for rabbiinic ordination in Judaism. The original ''semikhah'' was the formal "transmission of authority" from Moses through the generations. This form of ''semikhah'' ceased between 360 and 425 CE. Si ...
(Sanhedrin) # a contract may be authenticated only by the witnesses who have signed it # on the strength of his contract a creditor may collect his debts either from the heirs or from those who purchase from the debtor


Ordinances on the oath

# If a laborer demands his wages and his employer asserts that he has paid them, the former must take an oath before he can obtain paymentShevuot 44b # one who has been robbed must take an oath before he can recover his property # one who asserts that he has been injured by another person must take an oath before he can recover damages # if a manager asserts that he has paid an employee, and the latter denies it, both parties take the oath, and the employer pays them both # if a contract is falsified by the wife or by the creditor, they must each take an oath before they can receive paymentKetuvot 87a # if an employer has only one witness to testify to the payment of a contract, the claimants must take an oath before they can receive their money # money due from the property of orphans may be paid only under oath # the payment of debts from mortgaged property may be made only under oath # payment in the absence of the debtor may be made only under oath # liquidation of a debt by means of property dedicated to the sanctuary may be made only under oath # expenses incurred in behalf of the wife's property may be recovered only under oath # if two parties each claim to have received the same piece of property at the same time, they must take oath to that effect # if one asserts that a piece of property entrusted to him has been stolen from him, he must take an oath to that effect # one who has unwittingly purchased stolen property must take an oath before he can recover his money # if one has unintentionally damaged the property of another, he must take an oath to that effect before he can be released from the payment of damages


Relating to

Passover Passover, also called Pesach (; ), is a major Jewish holidays, Jewish holiday and one of the Three Pilgrimage Festivals. It celebrates the Exodus of the Israelites from slavery in Biblical Egypt, Egypt. According to the Book of Exodus, God in ...

#
chametz ''Chametz'' (also ''chometz'', ', ''ḥameṣ'', ''ḥameç'' and other spellings Transliteration, transliterated from ; ) are foods with leavening agents that are forbidden to Jews on the holiday of Passover. ''Chametz'' is a product that is b ...
must be searched for with a light on the eve of the 13th of Nisan # on Passover eve bitter herbs, mixed with haroset, must be eaten # four cups of wine must be drunkPesachim 99b # those who partake must recline while eating, in token of freedom


Miscellaneous ordinances

# if a Sabbath follows a holiday, an
eruv tavshilin An ''eruv tavshilin'' (Hebrew: עירוב תבשילין, "mixing of ookeddishes") refers to a Jewish ritual in which one prepares a cooked food prior to a Jewish holiday that will be followed by the Shabbat. Normally, cooking is allowed on majo ...
is made in order that food for the Sabbath may be prepared on the holiday # On the Sabbath and on holidays one may move freely within a radius of 2,000 cubits (see
techum shabbat In Jewish halacha, the techum shabbat (Hebrew: תחום שבת, "Shabbat limit"), or simply techum, is a limited physical area in which a Jew is permitted to walk on foot on Shabbat and Jewish holidays. In general, this area is calculated by meas ...
) # the owner of lost property must bring witnesses to testify that he is not dishonest, and he must then describe his property before he is entitled to recover itBava Metzia 28b # lost articles to be announced in the
synagogue A synagogue, also called a shul or a temple, is a place of worship for Jews and Samaritans. It is a place for prayer (the main sanctuary and sometimes smaller chapels) where Jews attend religious services or special ceremonies such as wed ...


Post-Mishnaic ordinances

The making of new ordinances did not end with the completion of the
Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...
: enactments were promulgated also in the
Amoraic ''Amoraim'' ( , singular ''Amora'' ; "those who say" or "those who speak over the people", or "spokesmen") refers to Jewish scholars of the period from about 200 to 500 CE, who "said" or "told over" the teachings of the Oral Torah. They were pr ...
,
Saboraic ''Savora'' (; Aramaic: סבורא, "a reasoner", plural ''Savora'im'', ''Sabora'im'' , סבוראים) is a term used in Jewish law and history to signify one among the leading rabbis living from the end of period of the ''Amoraim'' (around 500 C ...
, and Geonic periods of Jewish law, although their exact dates are no longer known. These include: # The dowry of a wife and the movables of orphans may be taken in payment of debt # Movables may be attached for the dowry of orphan girls # An oath is valid in cases involving real estate (''
Halakot Gedolot Halachoth Gedoloth (lit. great halachoth) is a work on Jewish law dating from the Geonic period. It exists in several different recensions, and there are sharply divergent views on its authorship, though the dominant opinion attributes it to Sime ...
,'' xxii). # No oath may be taken on the Bible # Criminal cases may be tried in Babylon # The property of orphans may be taken for the marriage portion of the wife # The debtor must take an oath if he is unable to pay # The debtor must take an oath if he has obliged the creditor to do so # A widow is obliged to take an oath only in case the property bequeathed to her by her husband is insufficient to discharge her marriage contract # In legal trials, both the principals and the witnesses must remain seated # Wine made by
Muslim Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
s is not "issur" # The priest to be the first one called up to the
Torah reading Torah reading (; ') is a Jewish religious tradition that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the scroll (or scrolls) from the Torah ark, chanting the ap ...
, preceding even the
nasi Nasi may refer to: Food Dishes Nasi Goreng is an Indonesian and Malay word for ''cooked rice'', featured in many Southeast Asian dishes *Nasi goreng, a popular rice dish often simply called ''nasi'' *Other Southeast Asian ''nasi'' dishes: ** Nasi ...
# Permission to trade with Gentiles on their holidays # The Fast of Esther # An apostate may draw up a bill of divorce # If a Samaritan betroths a female Jew, she must have a bill of divorce before any one else can marry her # must be read on fast-days # The interruption of the first and last three blessings of the
Amidah The ''Amidah'' (, ''Tefilat HaAmidah'', 'The Standing Prayer'), also called the ''Shemoneh Esreh'' ( 'eighteen'), is the central prayer of Jewish liturgy. Observant Jews recite the ''Amidah'' during each of the three services prayed on week ...
by supplications # The recitation of the morning blessings in the synagogue # The recitation of the blessing
Ahava rabbah Ahava rabbah (Hebrew: אהבה רבה, '' ith anabundant love'', also Ahavah raba and other variant English spellings) is the name given in Ashkenazi Jewish custom to the blessing recited immediately before the Shema as part of the Shacharit (morn ...
in the morning and of Ahavat Olam in the evening # The recitation of Baruch Adonai L'Olam in
Maariv ''Maariv'' or ''Maʿariv'' (, ), also known as ''Arvit'', or ''Arbit'' (, ), is a Jewish prayer service held in the evening or at night. It consists primarily of the evening '' Shema'' and ''Amidah''. The service will often begin with two ...
before the Amidah # The insertion of in the morning prayer # The recitation of the "Shema" in the Kedushah prayer # Introduction of the prayer beginning with the words כתר יתנו לך in "Kedushah" of musaf, and the prayers beginning with the words אז בקול רעש and ממקומך מלכנו in "Kedushah" of
Shacharit ''Shacharit'' ( ''šaḥăriṯ''), or ''Shacharis'' in Ashkenazi Hebrew, is the morning '' tefillah'' (prayer) of Judaism, one of the three daily prayers. Different traditions identify different primary components of ''Shacharit''. E ...
of Sabbath # The recitation of at the
Mincha Mincha (, ; sometimes spelled Minchah, Minhah, Mincho or Minchuh) is the afternoon prayer service in Judaism. Etymology The name ''Mincha'', meaning "gift" or "offering", is derived from the meal offering that accompanied each sacrifice offered ...
prayer on the Sabbath, in memory of the death of Moses # The blessing for the bridal night #"Parashat ha-Musafim"


In modern times

The Conservative Movement also allows its leaders to issue takkanot today. Examples of takkanot issued by the Conservative Movement in modern times include allowing women to count in a
minyan In Judaism, a ''minyan'' ( ''mīnyān'' , Literal translation, lit. (noun) ''count, number''; pl. ''mīnyānīm'' ) is the quorum of ten Jewish adults required for certain Mitzvah, religious obligations. In more traditional streams of Judaism ...
and to serve as
witnesses In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
to a beth din, as well as removing restrictions on
kohen Kohen (, ; , ، Arabic كاهن , Kahen) is the Hebrew word for "priest", used in reference to the Aaronic Priest#Judaism, priesthood, also called Aaronites or Aaronides. They are traditionally believed, and halakha, halakhically required, to ...
marriage. The
Chief Rabbinate of Israel The Chief Rabbinate of Israel (, ''Ha-Rabbanut Ha-Rashit Li-Yisra'el'') is recognized by law as the supreme rabbinic authority for Judaism in Israel. It was established in 1921 under the British Mandate, and today operates on the basis of the ...
also adopted many such ordinances, though more moderate in character, among them various statutes regarding marriage and divorce. The rabbis of
Morocco Morocco, officially the Kingdom of Morocco, is a country in the Maghreb region of North Africa. It has coastlines on the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to Algeria–Morocc ...
held several conferences in the 1940s that issued statutes on various affairs. Marc B. Shapiro,
The Moroccan Rabbinic Conferences
'.


See also

*
613 commandments According to Jewish tradition, the Torah contains 613 commandments (). Although the number 613 is mentioned in the Talmud, its real significance increased in later medieval rabbinic literature, including many works listing or arranged by the . Th ...
*
Conservative Halakha Conservative Judaism views halakha (Jewish law) as normative and binding. The Conservative movement applies Jewish law to the full range of Jewish beliefs and practices, including thrice-daily prayer, Shabbat and holidays, marital relations and ...
* Mitzvah#Rabbinical mitzvot *
Rabbinic literature Rabbinic literature, in its broadest sense, is the entire corpus of works authored by rabbis throughout Jewish history. The term typically refers to literature from the Talmudic era (70–640 CE), as opposed to medieval and modern rabbinic ...
*
Responsa ''Responsa'' (plural of Latin , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars i ...
*
Shulkhan Arukh The ''Shulhan Arukh'' ( ),, often called "the Code of Jewish Law", is the most widely consulted of the various legal codes in Rabbinic Judaism. It was authored in the city of Safed in what is now Israel by Joseph Karo in 1563 and published in V ...
*
Torah The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () ...


References

{{JewishEncyclopedia, article=Takkanah, url=http://www.jewishencyclopedia.com/view.jsp?artid=23&letter=T, author=
Wilhelm Bacher Wilhelm Bacher (; , ''Benjamin Ze'ev Bacher''; 12 January 1850 – 25 December 1913)
and Schulim Ochser Its bibliography: **Frankel, Hodegetica in Mischnam, pp. 3, 4, 28, 29 et passim; **Rapoport, 'Erek Millin, s.v. Usha, Prague, 1852; **Jakob Brüll, Mebo ha-Mishnah, pp. 1–52, Frankfort-on-the-Main, 1876; **Bloch, Sha'are Torat ha-Taḳḳanot, Budapest, 1879–1902; **Brüll, Jahrb. viii. 61; **Aronius, Regesten, p. 115; **Rosenthal, Die Judengemeinde in Mainz, Speier, und Worms, p. 44, Berlin, 1904; **Kohut, Gesch. der Deutschen Juden, p. 121, Berlin, 1898; **Güdemann, Gesch. i. 44, 138, 243, note i.; **Weiss, Dor, iv., v., passim; **Perles, in Monatsschrift, 1865, pp. 84 et seq.; **Sefer ha-Eshkol, i. 9. Halberstadt, 1867; **Rosenthal, in Hildesheimer Jubelschrift, pp. 37–53, Berlin, 1890; **Neubauer, in R. E. J. xvii. 69; **Kerem Ḥamar, ii. 34a-36b, Leghorn, 1869; **Grätz, Gesch. iii. 111, 140, 212, 350; iv. 132, 157, 161; v. 336; vi. 180–182; vii. 21, 102; viii. 14, 49, 211, 268; ix. 451; x. 51, 69, 386. Hebrew words and phrases Jewish law