Takkanah

Introduction

• Gezeirah: "preventive legislation" of the classical rabbis, intended to prevent violations of the commandments
• Takkanah: "positive legislation", practices instituted by the rabbis not based on the commandments as such, e.g. rabbinical mitzvot.

Biblical ''takkanot''

1. the observance on holy days of the ceremonies peculiar to the festivals in question
2. public Torah reading on the Sabbath, holy days, Rosh Hodesh, and Chol HaMoed
3. the first blessing in Birkat Hamazon
4. the eight priestly watches, four by Eleazar and four by Ithamar, which Samuel and David increased to twenty-four
5. the seven days of wedding festivities for a virgin, and seven days of mourning for the dead

1. the second blessing in Birkat Hamazon
2. ten regulations which, however, are not takkanot in the strict sense of the term

1. salutation in the name of God

1. increase of the eight watches of the priests to twenty-four ;
2. the recitation of 100 blessings daily
3. the third blessing in Birkat Hamazon

1. the practise regarding the Eruv
2. 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
3. the regulation regarding entrance upon another's fields after the harvest

1. The singing of Hallel on every important occasion, and especially after escape from danger
2. the introduction of twenty-four divisions of laymen, corresponding to the twenty-four watches of the priests

1. payment of terumah and tithes in Babylon as well as in the Land of Israel
2. payment of the second tithe in the seventh year
3. payment of it in Egypt, Ammon, and Moab likewise
4. payment of the poor tithe even in the seventh year

1. fasting on the Seventh of Tammuz, Tisha B'Av, First of Tishri, and Tenth of Tevet

1. the reading of ten verses of the Torah by three men on Monday and Thursday
2. the reading of Leviticus 26:14-46 before Shavuot, and of Deuteronomy 28:15-69 before Rosh Hashanah
3. sessions of the courts on Monday and Thursday
4. the washing of clothes on Thursday
5. the eating of garlic on Friday
6. early rising on Friday morning for the purpose of baking
7. the wearing of a girdle by women for reasons of modesty
8. the obligation of the mikvah
9. the law obliging peddlers to traverse the city in case they deal in articles necessary for women
10. ritual baths for those who have become unclean

    Second Temple period (excluding biblical figures)

1. Introduction of blessings, prayer, Kiddush, and Havdalah
2. the recitation of the "Shemoneh Esreh" on weekdays;
3. the insertion of the prayer against heretics in the time of Gamaliel, and, much later, of the "Adonai Sefatai" before the "Tefillah."
4. The reading of Megillat Esther 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
5. The introduction of seven blessings into the "Tefillah" on the Sabbath and holidays; the addition of nine benedictions to the mussaf prayer for the New Moon and Chol HaMoed, and of twenty-four on fast-days
6. Recitation of prayers:
7. # recitation of a number of prayers
8. # period of duration of each prayer
9. # the offering of prayer daily
10. # three times on week-days,
11. # four times on shabbat, Yom Tov, fasts, and Rosh Chodesh, and
12. # five times on Yom Kippur, the Day of Atonement
13. addition of the "Magen Avot" from the Amidah on Friday evening
14. bowing before and after the first blessing and before and after the penultimate blessing

1. 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
2. the appointment of officials to collect the tithes
3. the use of rings in the shambles to force the animals to stand still
4. prohibition of blacksmithing on Chol HaMoed

1. Celebration of the Hanukkah festival, beginning on the 25th of Kislev
2. Insertion of the name of God in legal documents

• 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

1. all the real estate of the husband to be entered in the marriage contract in favor of the wife, but the former may employ the dowry in his business;
2. compulsory attendance at school
3. the declaration that foreign glass is impure

1. Introduction of the Prosbul
2. the purchase-money of a house to be deposited in the Temple; the original owner may seize it by force in order to prevent its payment to the seller before the expiration of a year

1. The condemnation of 2,000 cubits of ground in which New Moon witnesses might freely move on the Sabbath
2. the full names of the husband and the wife to be inserted in a bill of divorce
3. the signatures of witnesses to the bill of divorce
4. a widow may take the portion secured to her by her marriage contract only after all claims of the orphans have been fully satisfied
5. 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

1. the New Moon witnesses must go to the place where the court assembles
2. the testimony of such witnesses to be received at any time during the day
3. they may not desecrate the Sabbath by traveling, except in Nisan and Tishri, the most important two months
4. the shofar to be blown even on the Sabbath
5. the lulav to be swung on all the seven days of the festival
6. the consumption of new grain is forbidden during the entire day of the waving of the Omer
7. priests may not wear sandals when they ascend the "dukan," or platform, to pronounce the blessing
8. a convert must deposit a quarter-shekel in the treasury to be able to bring his sacrifice when the Temple shall be rebuilt
9. abolition of the ritual governing trials for adultery

1. Agriculture is permitted until the first day of the Sabbatical year

1. the fourth blessing of Birkat Hamazon, in memory of those who fell at Betar

1. a man must support his minor children
2. if a man transfers his property to his sons, both he and his wife enjoy a life income from it
3. the gift of more than one-fifth of one's property for alms is forbidden
4. 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
5. after a wife's death the husband may sell the property included in her dowry
6. one who attacks an old man must pay one pound of gold for the injury
7. elucidation of the seven doubtful reasons through which the terumah becomes unfit for use and must be burned

1. during a funeral the mourners must remain standing while those who console them pass by
2. women living in lonely places must associate with one another, so as not to attract the attention and evil desire of any man
3. a child accompanied by its mother must not lag behind on the road, lest it come to harm

1. messengers must be sent every month to announce the new moon to the Diaspora
2. concerning the purchase of fields among the Sicarii
3. on menstruation

   By topic

Regarding women

1. an orphan girl married during her minority may leave her husband without a bill of divorce on attaining her majority
2. the permission to marry a feebleminded girl
3. a virgin should be married on a Wednesday
4. various laws of purification
5. the earnings of the wife belong to her husband
6. the husband must pay all bills for his wife's illness
7. a husband must ransom his wife from captivity
8. a husband must defray the expenses of his wife's burial
9. whatever is found by the wife belongs to her husband
10. a widow is entitled to remain in the house of her deceased husband and to share in the income
11. orphan girls share the income from their father's estate until they reach their majority
12. male heirs succeed to the property of the mother, even after their father's death
13. the daughter is entitled to a certain portion of her father's estate as her dowry
14. a bill of divorce must be written and signed in the presence of the messenger who is to deliver it
15. the date must be given in all legal documents
16. 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
17. witnesses must sign a bill of divorce in the presence of each other
18. introduction of the "geṭ mekushshar" to make divorce more difficult
19. 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"

1. 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
2. the ransom paid for prisoners must not exceed the usual sum
3. prisoners must not be allowed to escape
4. Tefillin and other sacred articles must not be taken from Gentiles for excessive price
5. if land in Israel is sold to a Gentile, the first-fruits must be forfeited
6. if one divorces his wife for immorality, he may never take her back again ;
7. 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
8. if there is any property without encumbrance, nothing may be taken in payment of a debt from a field which has been mortgaged
9. the least desirable portion of the real estate of orphans may be taken in payment of debts
10. mortgaged property may not be applied to the pleasure or support of the wife
11. one who finds anything shall not take an oath
12. a guardian may not be compelled to take an oath
13. accidental defilement of holy vessels either by a layman or by the priest in the Temple is punishable

    For "the sake of peace"

14. The call to the reading of the Torah to be made in a definite order
15. the eruv may be arranged even with unoccupied houses
16. the cistern nearest the river is to be filled first
17. hunting includes robbery
18. things found in the possession of one to whom they would not normally come imply theft
19. the poor are permitted to pluck fruit from a neighbor's tree, but taking what remains on the ground is theft
20. even the Gentile may share in the harvest gifts to the poor

    Facilitating repentance

21. One who steals a beam and builds it into his house need pay for the damage to the beam only
22. if a robber or a usurer wishes to restore goods or money taken, they or it shall not be accepted
23. 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
24. 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 commerce

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

   Ordinances relating to civil law

9. In actions for debt testimony may be accepted without further investigations
10. actions for debt may be tried even by judges who have not yet received semicha
11. a contract may be authenticated only by the witnesses who have signed it
12. 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

13. 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
14. one who has been robbed must take an oath before he can recover his property
15. one who asserts that he has been injured by another person must take an oath before he can recover damages
16. 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
17. if a contract is falsified by the wife or by the creditor, they must each take an oath before they can receive payment
18. 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
19. money due from the property of orphans may be paid only under oath
20. the payment of debts from mortgaged property may be made only under oath
21. payment in the absence of the debtor may be made only under oath
22. liquidation of a debt by means of property dedicated to the sanctuary may be made only under oath
23. expenses incurred in behalf of the wife's property may be recovered only under oath
24. if two parties each claim to have received the same piece of property at the same time, they must take oath to that effect
25. if one asserts that a piece of property entrusted to him has been stolen from him, he must take an oath to that effect
26. one who has unwittingly purchased stolen property must take an oath before he can recover his money
27. 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]

28. chametz must be searched for with a light on the eve of the 13th of Nisan
29. on Passover eve bitter herbs, mixed with haroset, must be eaten
30. four cups of wine must be drunk
31. those who partake must recline while eating, in token of freedom

    Miscellaneous ordinances

32. if a Sabbath follows a holiday, an eruv tavshilin is made in order that food for the Sabbath may be prepared on the holiday
33. On the Sabbath and on holidays one may move freely within a radius of 2,000 cubits
34. 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
35. lost articles to be announced in the synagogue

    Post-Mishnaic Ordinances

1. the dowry of a wife and the movables of orphans may be taken in payment of debt
2. movables may be attached for the dowry of orphan girls
3. an oath is valid in cases involving real estate (Halakot Gedolot, xxii.
4. no oath may be taken on the Bible
5. criminal cases may be tried in Babylon
6. the property of orphans may be taken for the marriage portion of the wife
7. the debtor must take an oath if he is unable to pay
8. the debtor must take an oath if he has obliged the creditor to do so
9. 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
10. in legal trials both the principals and the witnesses must remain seated
11. Wine made by Muslims is not "issur"
12. the priest to be the first one called up to the Torah reading, preceding even the nasi
13. permission to trade with Gentiles on their holidays
14. the Fast of Esther
15. an apostate may draw up a bill of divorce
16. if a Samaritan betroths a female Jew, she must have a bill of divorce before any one else can marry her
17. must be read on fast-days
18. the interruption of the first and last three blessings of the Amidah by supplications
19. the recitation of the morning blessings in the synagogue
20. the recitation of the blessing Ahava rabbah in the morning and of Ahavat Olam in the evening
21. the recitation of Baruch Adonai L'Olam in Maariv before the Amidah
22. the insertion of in the morning prayer
23. the recitation of the "Shema" in the Kedushah prayer
24. 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
25. the recitation of at the Mincha prayer on the Sabbath, in memory of the death of Moses
26. the blessing for the bridal night
27. "Parashat ha-Musafim"

    In modern times