Shulkhan Arukh

The Shulkhan Arukh (Hebrew: "Prepared Table"), by Rabbi Yosef Karo is considered the most authoritative compilation of Jewish law since the Talmud. With its commentaries, it is the main authoratitive source of halakha (Jewish law and custom) and often referred to as the Code of Jewish Law.

Isserles and other criticism

Immediately upon the appearance of Karo's Beth Yosef, Rabbi Moses Isserles (the Rema) wrote his Darkei Mosheh, a moderately expressed but severe criticism of Karo's great work. In place of Karo's three standard authorities, Isserles brings forward "the later authorities" (e.g. Rabbi Jacob Molin of Germany, together with the Franco-German Tosafists) as criteria of opinion (Darkei Mosheh to Yoreh De'ah, 35). While the Rosh on many occasions based his decision on these sources, Isserles gave them more prominence in arriving at practical law.

Related Topics:
Moses Isserles - Tosafists

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The importance of the minhag ("prevailing local custom") is also a point of dispute between Karo and Isserles: while Karo held fast to original authorities and material reasons, Isserles considered the minhag as an object of great importance, and not to be omitted in a codex. This point, especially, induced Isserles to write his glosses to the Shulkhan Arukh, that the customs (minhagim) of the Ashkenazim might be recognized, and not be set aside through Karo's reputation.

Related Topics:
Minhag - Ashkenazi

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Many rabbis criticised the appearance of this latest code of Jewish law, echoing similar criticisms of previous codes of law.

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The Maharal writes in Netivoth Olam:

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:To decide halakhic questions from the codes without knowing the source of the ruling was not the intent of these authors. Had they known that their works would lead to the abandonment of Talmud, they would not have written them. It is better for one to decide on the basis of the Talmud even though he might err, for a scholar must depend solely on his understanding. As such, he is beloved of God, and preferable to the one who rules from a code but does not know the reason for the ruling; such a one walks like a blind person.

Related Topics:
Halakhic - Talmud - God

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Other prominent critics of the Shulkhan Arukh included Rabbi Yoel ben Shmuel Sirkis (author of a commentary to the Arba'ah Turim titled Bayith Chadash, commonly abbreviated as Bach) and Rabbi Meir ben Gedaliah. The strongest criticism against all such codes of Jewish law is that they inherently was that it violated the ancient precept that halakha must be decided according to the later sages; this precept is known as hilkheta ke-vatra'ei ("the halakha follows the later ones"). Rabbi Menachem Elon writes:

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:This rule dates from the Geonic period. It laid down that until the time of Rabbis Abbaye and Rava (4th century) the Halakha was to be decided according to the views of the earlier scholars, but from that time onward, the halakhic opinions of post-talmudic scholars would prevail over the contrary opinions of a previous generation (see Piskei Ha'Rosh, Bava Metzia 3:10, 4:21, Shabbat 23:1).

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:If one does not find their statements correct and sustain his own views with evidence that is acceptable to his contemporaries...he may contradict the earlier statements, since all matters that are not clarified in the Babylonian Talmud may be questioned and restated by any person, and even the statements of the Geonim may be differed from him...just as the statements of the Amoraim differed from the earlier ones. On the contrary, we regard the statements of later scholars to be more authoritative because they knew the reasoning of the earlier scholars as well as their own, and took it into consideration in making their decision (Piskei Ha'Rosh, Sanhedrin 4:6, responsa of the Rosh 55:9).

Related Topics:
Babylonian Talmud - Rosh

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The question suggests itself why the Shulkhan Arukh became an authoritative code, in spite of opposition and against the will of its author, while Maimonides' Mishneh Torah found no acceptance among the Franco-German Jews, owing to Abraham ben David's criticism and influence. The answer may lie in the fact that the criticism by Rabad destroyed confidence in Maimonides' work, while Isserles was not content only to criticize, but supplemented Karo's work extensively, with the result that the Ashkenazim then accepted the Shulkhan Arukh, assuming that in its corrected form it was an unquestionable authority.

Related Topics:
Mishneh Torah - Abraham ben David's

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