A takkanah (, plural takkanot) translated as 'improvement', is a major legislative enactment within halakha, the normative system of Judaism's laws. A takkanah is an enactment which 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 rabbinical decree or ordinance, issued to improve and preserve religious life. It is, therefore, the antithesis of the gezerah. 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 rabbinic sages wide legislative powers. There are two powerful legal tools within the halachic system: However, the general term "takkanah" is used to refer to either gezeirot or takkanot. Takkanot, in general, do not affect or restrict observance of Torah mitzvot. However, the Talmud states that in exceptional cases, the Jewish sages had the authority to make a gezeirah even if it would "uproot a matter from the Torah". In Talmudic and classical halakhic literature, this authority refers to the authority to prohibit some things that would otherwise be biblically sanctioned (shev v'al ta'aseh). Rabbis may rule that a Torah mitzvah should not be performed, e.g. blowing the shofar on Shabbat, or blessing the lulav and etrog, on Shabbat. These gezeirot 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 the banned mitzvah. Another rare and limited form of takkanah involved overriding Torah prohibitions. In some cases, the sages allowed the temporary violation of a prohibition in order to maintain the Jewish system as a whole. This was part of the basis for Esther's relationship with Ahasuerus.

Biblical takkanot

Ascribed to Moses: To Joshua: To Boaz, the ancestor of David: To King David: To King Solomon: To the early prophets: To the Prophets before the destruction of Solomon's Temple: To the Prophets after the destruction of the Temple: To Ezra:

Second Temple period (excluding biblical figures)

To the men of the Great Assembly: Ascribed to John Hyrcanus (135-106 BC): By the court of the Hasmoneans: By the priestly court: By Shimon ben Shetach: By Hillel the Elder (75 BC - 5 AD): By Gamaliel I (mid-1st century):

Tannaitic period

Most of the ordinances of Yohanan ben Zakkai were promulgated before the time of the destruction of the Temple in Jerusalem. These include: Ascribed to Gamaliel II and the court of Yavne: Ascribed to the court of Yavne: 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: 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): To R. Judah HaNasi:

By topic

Regarding women

Ordinances from the period of the Mishnah and relating to women are as follows:

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.

For "the sake of peace"

Facilitating repentance

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

Ordinances relating to civil law

Ordinances on the oath

Relating to Passover

Miscellaneous ordinances

Post-Mishnaic ordinances

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:

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. 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.