page_title: Conservative Judaism
section_title: Rulings and policies
hierarchical_section_title: Conservative Judaism / Jewish law / Rulings and policies
caption_attribution_description: עברית: מתפללים בכותל המסורתי
context_page_description: Conservative Judaism is a Jewish religious movement that regards the authority of Jewish law and tradition as emanating primarily from the assent of the people and the community through the generations, more than from divine revelation. It therefore views Jewish law, or halakha, as both binding and subject to historical development. The Conservative rabbinate employs modern historical-critical research, rather than only traditional methods and sources, and lends great weight to its constituency when determining its stance on matters of practice. The movement considers its approach as the authentic and most appropriate continuation of halakhic discourse, maintaining both fealty to received forms and flexibility in their interpretation. It also eschews strict theological definitions, lacking a consensus in matters of faith and allowing great pluralism.
  While regarding itself as the heir of Rabbi Zecharias Frankel's 19th-century Positive-Historical School in Europe, Conservative Judaism fully institutionalized only in the United States during the mid-20th century.
context_section_description: The RA and CJLS reached many decisions through the years, shaping a distinctive profile for Conservative practice and worship. In the 1940s, when the public demanded mixed seating of both sexes in synagogue, some rabbis argued there was no precedent but obliged on the ground of dire need (Eth la'asot); others noted that archaeological research showed no partitions in ancient synagogues. Mixed seating became commonplace in almost all congregations. In 1950, it was ruled that using electricity (that is, closure of an electrical circuit) did not constitute kindling a fire unto itself, not even in incandescent bulbs, and therefore was not a forbidden labour and could be done on the Sabbath. On that basis, while performing banned labours is of course forbidden—for example, video recording is still constituted as writing—switching lights and other functions are allowed, though the RA strongly urges adherents to keep the sanctity of the Sabbath (refraining from doing anything that may imitate the atmosphere of weekdays, like loud noise reminiscent of work).
  The need to encourage arrival at synagogue also motivated the CJLS, during the same year, to issue a temporal statue allowing driving on that day, for that purpose alone; it was supported by decreeing that the combustion of fuel did not serve any of the acts prohibited during the construction of the Tabernacle, and could therefore be classified, according to their interpretation of the Tosafists' opinion, as "redundant labour" (Sh’eina Tzricha L’gufa) and be permitted. The validity of this argument was heavily disputed within the movement. In 1952, members of the priestly caste were allowed to marry divorcees, conditioned on forfeiture of their privileges, as termination of marriage became widespread and women who underwent it could not be suspected of unsavory acts. In 1967, the ban on priests marrying converts was also lifted.
  In 1954, the issue of agunot (women refused divorce by their husbands) was largely settled by adding a clause to the prenuptial contract under which men had to pay alimony as long as they did not concede. In 1968, this mechanism was replaced by a retroactive expropriation of the bride price, rendering the marriage void. In 1955, more girls were celebrating Bat Mitzvah and demanded to be allowed ascents to the Torah, the CJLS agreed that the ordinance under which women were banned from this due to respect for the congregation (Kvod ha'Tzibur) was no longer relevant. In 1972 it was decreed that rennet, even if derived from unclean animals, was so transformed that it constituted a wholly new item (Panim Chadashot ba'u l'Khan) and therefore all hard cheese could be considered kosher.
  The 1970s and 1980s saw the emergence of women's rights on the main agenda. Growing pressure led the CJLS to adopt a motion that females may be counted as part of a quorum, based on the argument that only the Shulchan Aruch explicitly stated that it consist of men. While accepted, this was very controversial in the Committee and heavily disputed. A more complete solution was offered in 1983 by Rabbi Joel Roth, and was also enacted to allow women rabbinic ordination. Roth noted that some decisors of old acknowledged that women may bless when performing positive time-bound commandments (from which they are exempted, and therefore unable to fulfill the obligation for others), especially citing the manner in which they assumed upon themselves the Counting of the Omer. He suggested that women voluntarily commit to pray thrice a day et cetera, and his responsa was adopted. Since then, female rabbis were ordained at JTS and other seminaries. In 1994, the movement accepted Judith Hauptman's principally egalitarian argument, according to which equal prayer obligations for women were never banned explicitly and it was only their inferior status that hindered participation. In 2006, openly gay rabbinic candidates were also to be admitted into the JTS. In 2012, a commitment ceremony for same-sex couples was devised, though not defined as kiddushin. In 2016, the rabbis passed a resolutio
caption: A mixed-gender, egalitarian Conservative service at Robinson's Arch, Western Wall
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