A takkanah (Hebrew: תקנה, romanized:taqqānā, pl. takkanot, 'improvement') is a major legislative enactment within halakha, the normative system of Judaism'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 (Hebrew: גְּזֵרָה, romanized:gǝzērā). The term is applied also to the institution provided for in the enactment.
Takkanot were enacted even in the time of the Second Temple, 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 the Chazal, the first rabbinical authorities, wide legislative powers. There are two powerful legal tools within the Halakhic system:
Gezera: "preventive legislation" of the Chazal, intended to prevent violations of the commandments
Taqqana: "positive legislation", practice instituted by the rabbis not based (directly) on the commandments as such (e.g. rabbinical mitzvot).
However, taqqanah can refer to either gezerot or taqqanot in later literature.
Taqqanot, in general, do not affect or restrict observance of mitzvot. However, the Talmud states that in exceptional cases, the Jewish sages had the authority to make a gezera even if it would "uproot a matter from the Torah". In Talmudic and classical Rabbinic literature, this authority refers to the power to prohibit specific actions that would otherwise be permitted by Jewish law, known as halakha. Rabbis may rule that a Torah-based mitzva should not be performed—e.g. blowing the shofar on Shabbat or blessing the four species of Sukkot on Shabbat. These gezerot are executed out of fear that some might otherwise carry the mentioned items between home and the synagogue, thus inadvertently violating one of the 39 Melakhot, a greater sin than neglecting a mitzva.
Another rare and limited form of taqqana involved overriding Torah prohibitions. In some cases, the sages permitted temporary exceptions to a prohibition to maintain the system as a whole. This was part of the basis for Esther's relationship with Ahasuerus.
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
the washing of the hands before Kiddush, which Shammai 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 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
payment of the second tithe ("ma'aser sheni") in the seventh year
payment of it in Egypt, Ammon, and Moab likewise
payment of the poor tithe ("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, First of Tishri, and Tenth of Tevet
the reading of the Book of Esther ("the Megillah") in the villages and unwalled cities on 14 Adar and in cities with defensive walls 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 prayer for Rosh Hodesh and Chol HaMoed, and of twenty-four on fast-days
Decree forbidding the recitation of the prayer of thanksgiving, Viddui Ma'aser (Deut. 26:5–10) 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 still
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
the purchase-money of a house to be deposited in the Second Temple; the original owner may seize it by force to prevent its payment to the seller before the expiration of a year
The condemnation of 2000 (subsequently increased) cubits of ground in which Rosh Hodesh witnesses might freely move on the Sabbath
the full names of the husband and the wife to be inserted in a get
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
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 festival
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
the insertion of the prayer against heretics in the time of Gamaliel, and, much later, of the "Adonai Sefatai" before the "Tefillah."[citation needed]
After R. Gamaliel's death the Sanhedrin 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, 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 (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
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 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 income
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, 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 escape
Tefillin 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 worst
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
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 theft
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 only
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 takkanot
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. 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 them
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 (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 payment
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 payment
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
those who partake must recline while eating, in token of freedom
Miscellaneous ordinances
if a Sabbath follows a holiday, an eruv tavshilin 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)
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 it
The making of new ordinances did not end with the completion of the Mishnah: enactments were promulgated also in the Amoraic, Saboraic, 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, 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
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 of Sabbath
The recitation of Psalms 119:142 at the Mincha 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 and to serve as witnesses to a beth din, as well as removing restrictions on kohen marriage.[citation needed] The Chief Rabbinate of Israel also adopted many such ordinances, though more moderate in character, among them various statutes regarding marriage and divorce.
The rabbis of Morocco held several conferences in the 1940s that issued statutes on various affairs.