kabalah vrs halacha

[aries]

Jewish law since the 16th century is based on the Shulchan Aruch. The Shulchan Aruch in turn is based on the Tur which is based on the Misneh Torah which is based on the talmud.
This is the chain of halacha. Now the kabala is a mystic tradition which was not known to most of the Jewish people. The rule was that when we have a conflict between the halacha and the kabala we always go by the halacha. However, the kabalah of the Ari completely obliterated this principle and many people who follow the kabbala today like the sephardim and the chassidim seem oblivious to the non-halachic nature of their customs.
Now with the ingathering of the exiles, in the last generation the bucharian and iraqui (Edot Mizrach) are tending to merge and new siddurim try to reflect everyone's way of doing things. I saw the following statement last week.
One should stand when putting on Tephillin. That is the halacha and we follow the poskim (halachic deciders) over the kaballists. However, it you follow the Ari, you can sit down to put on tefillin.

[martinbrody]

I can think of dozens of similar examples
Judaism is what Jews do. Occasionally it coincides with Jewish Law.
Best,
martin B

[David_L]

In his book One People? Tradition, Modernity, and Jewish Unity, Rabbi Jonathan Sacks addresses this issue.

His main point, if I understood correctly, is that while all Jews are supposed to observe the same halachah (law), the various groups may properly differ in their aggadah (exegesis - interpretation of the law).

[mariaw]

Awesome Aryeh, I think this is a vision of the complete government of G-d from the beginning.
Here is a question??? Can we see the "Men of the Great Assembly" as a reflection of the pattern
found in Genesis 1.26 where HASHEM says, "Let us make Man in Our image, after Our likeness & they shall RULE?
Can the original Government of G-d also be called a great Assembly? Is this what Moses saw?

HALACHA---- The examples for standing when putting on Tephillin are the following:
Deut. 5.27----Moses is STANDING when HASHEM gives him the entire commandment, decrees, and ordinances.
G-d says to Moses "Stand here with Me."
Exodus 33.19----HASHEM passes before Moses
Front of this Image is of One Who rules.....and now we have Tephillin.

Is the knot tied in back possibly representing "favor & mercy" of halacha fastened to Man's mind from the beginning & viewed in HASHEM'S Goodness passing before Moses? Exodus 33.19.
It is also written that the favor & mercy of G-d's presence also provides rest. (Exodus 33.14)

The Tallit: Remembering all the commandments of G-d. Num. 15.39
The necessity for Judges: Abimelech wants to be king in Israel, so he goes to his mother's brothers & asks "What is better for you---that seventy men rule over you, or one man who is your bone & flesh?" Judges 9.2

I'm thinking all the above seems to reflect HASHEM'S Image originally given to man as recorded in Genesis 1 & also later to Moses.

Aryeh, What an awesome vision you have provided. Thank you!
mariaw

[aries]

In his book One People? Tradition, Modernity, and Jewish Unity, Rabbi Jonathan Sacks addresses this issue.

His main point, if I understood correctly, is that while all Jews are supposed to observe the same halachah (law), the various groups may properly differ in their aggadah (exegesis - interpretation of the law).

Although different halacha developed in different countries under different circumstances, two principles of the halacha were maintained in all communities until the Ari and Chassidut. (1) we do not change the minhag of our fathers and (2) we follow the talmud against the kaballa. With the influence of the Ari and the rise of chassidut both these principles went out the window. Although Judiasm is what Jews do, there is still something called intellectual integrety. What bothers us Rambam people, is that the kabbalists and the Chassidim act like they are halachic groups and are oblivious to their numerous anti-halachic minhagim. (For the unintiated, the Rambam was against all astrology, visiting graves to pray to the dead, magic amulets as totally worthless and against the torah.) However, he was probably the only scholar, jewish or non-jewish, in his time who denounced astrology as a total sham. It didn't occur to anyone else for another four hundred years.

I was just reading about Hamelech Hamishpat. (The change in the shemoneh esreh during the ten days of repentance.) As Rashi points out, it doesn't make any sense and is a mistake perpetrated by various scribes. (The king The judgement; it should be the King of judgement) Rashi states we are stuck with it as similar constructs can be found in Tanach, e.g. although it is usually written the ark of the covenant, sometimes it appears as the ark the covenant meaning the same thing.

[mariaw]

Dear Aries,
I like comparing some of Torah's stories with Halacha (Jewish Law).
Their union is very beautiful when they correspond so well.

One of my favorites is about the "eternal Slave & Master" found in Deut 15.17. This ISN'T about modern day slavery.
HaShem says "In the event he will say to you, I will not leave you, for he loves you and your household."
Ruth says the same thing to Naomi in Ruth 1:16 , "Do not urge me to leave you."

Deut. 15.16 The awl thru the ear and the writing nailed on the door post is possibly the Mezuzah.
This declaration of love & faithfulness between G-d & Israel is also written on the heart's door post by the finger of G-d.
It is almost like an earthly marriage contract.

Deuteronomy 11:13-21---Hear, Oh Israel: HASHEM is our G-d. HASHEM is the One and Only.
Love G-d and serve Him with all your heart.

Deut. 15 compared with Genesis 30 & 31--- "The institution of remission."
Jacob working for Rachel his wife & his relationship with her father, Laban lines up nicely.

Deut. 15.9 compared with Gen. 31.6---Laban's lawless thought concerning Jacob.
Laban mocks Jacob & unfairly changes Jacob's wages. The same happens when a new Pharoh doesn't recognize Joseph.
Joseph gets his family away from Laban & HASHEM saves Israel out of Egypt.

Torah Law (Halacha) is almost an outline for the rest of Torah.

Aries, Thanks so much for sharing your thoughts.
mariaw