Halachic Authority: Sephardim vs. Ashkenazim

B"H

The halachic authority of Sephardim and Ashkenazim has historically been shaped by different rabbinic traditions, legal methodologies, and geographic influences. Both traditions are rooted in the Talmud and maintain strong adherence to Halacha, but they diverge in their approach to psak halacha (halachic rulings), reliance on Mishnah and Talmud, and legal codification.

1. Primary Sources of Halachic Authority

Sephardic Halacha

Rambam’s Mishneh Torah: Sephardim, particularly in classical tradition, prioritize Rambam's Mishneh Torah as a complete, systematic code of Halacha. This reflects a strong legalist approach with minimal reliance on later authorities if the Mishneh Torah is clear.

Shulchan Aruch (Rabbi Yosef Karo, 16th century): Sephardim universally accept the rulings of the Shulchan Aruch as binding, as Rabbi Karo sought to create a definitive halachic code.

Responsa of Sephardic Poskim: Sephardic halacha emphasizes precedent and local tradition, leading to reliance on responsa literature (Teshuvot) from poskim such as:

Rabbi Yitzhak Alfasi (Rif) – whose rulings shape halacha based on practical Talmudic conclusions.

Rabbi Yosef Karo (Bet Yosef, Avkat Rochel) – codified the halacha for Sephardim.

Ben Ish Chai (Rabbi Yosef Chaim of Baghdad) – introduced kabbalistic elements but remained within strict halachic reasoning.

hacham Ovadia Yosef (Yabia Omer, Yechaveh Da’at) – emphasized consistency in following Shulchan Aruch and restored many Sephardic traditions.

Ashkenazic Halacha

Rashi and Tosafot: Ashkenazic halachic rulings are deeply influenced by the dialectical method of the Ba’alei Tosafot, emphasizing pilpul (intricate analytical debate).

The Rosh (Rabbi Asher ben Yehiel, 13th century): The Rosh was a bridge between Sephardic and Ashkenazic traditions. Though his rulings were influenced by the Rif, his legal reasoning set the stage for Ashkenazic halachic methodology.

Rama (Rabbi Moshe Isserles, 16th century): Ashkenazim follow the glosses of the Rama on Shulchan Aruch, which modify Rabbi Karo’s rulings in accordance with Ashkenazic custom.

Aruch HaShulchan (Yechiel Michel ha-Levi Epstein 19th-20th century): Many say this word has more authority than the Mishnah Berurah, because Rabbi Epstien was a posek in his community.

Mishnah Berurah (Rabbi Yisrael Meir Kagan, 19th century): This became the de facto halachic authority for contemporary Ashkenazim, emphasizing stringent approaches.

2. Methodology of Halachic Decision-Making

Sephardic Approach – Codification and Stability

1. Textual Authority Over Custom – Sephardic poskim tend to follow the original codified halacha unless there is a compelling reason to deviate. The Shulchan Aruch serves as a firm foundation, rather than individual rabbinic customs.

2. Leniency When Permitted – Sephardic halacha follows the principle “koach dehetera adif” (the power of leniency is preferable) if it aligns with halachic sources.

3. Minimal Pilpul – Sephardic halacha generally avoids pilpulistic debates that create new stringencies, preferring psak based on clear, straightforward readings of sources.

Ashkenazic Approach – Dialectical Analysis and Custom

1. Custom as Halachic Authority – Ashkenazim consider minhag (custom) to be binding, even when it diverges from earlier halachic codifications. For example, customs recorded in Sefer HaMinhagim (Maharil) and Magen Avraham hold halachic weight.

2. Stringency Over Leniency – Ashkenazic halacha tends toward chumrot (stringencies), influenced by Chassidic and Lithuanian schools.

3. Use of Pilpul – Ashkenazic rulings often include detailed legal arguments that integrate different Talmudic interpretations, even if they complicate the original halacha.

3. Psak Halacha – Who Has the Final Word?

Sephardic Halachic Authority

Rabbi Yosef Karo and Rambam are generally the final word in Sephardic psak halacha.

Rabbi Ovadia Yosef emphasized the return to Shulchan Aruch as the central halachic authority, discouraging the adoption of Ashkenazic chumrot.

Sephardim are less likely to create new chumrot unless mandated by earlier authorities.

Ashkenazic Halachic Authority

The Rama’s glosses define Ashkenazic halacha, even when they diverge from Shulchan Aruch.

There is a growing number of Ashkenazim that are connecting to talmide ha-Rambam and switch to the Rambam's code: Mishneh Torah for practical halacha.

Later Ashkenazic authorities (e.g., Mishnah Berurah and Aruch HaShulchan) often override previous rulings through layered commentary.

There is greater flexibility for new halachic interpretations, often leading to increased stringencies.

4. Stringency vs. Leniency in Practice

Waiting Between Meat and Dairy: Sephardim follow one hour (Dutch minhag), three hours (some North African traditions), or six hours (Rambam). Ashkenazim commonly require six hours, with some waiting even longer.

Kitniyot on Pesach: Sephardim permit it, while Ashkenazim prohibit it based on minhag.

Glass Dishes: Sephardim hold that glass does not absorb, allowing interchangeability between meat and dairy; Ashkenazim treat glass like other materials.

Hair Covering for Married Women: Sephardim generally allow a simple head covering, while Ashkenazim require full sheitels or full coverage.

5. Which Approach Holds Greater Authority?

Sephardic Halacha has historical primacy due to its reliance on Mishnah Torah, Shulchan Aruch, and the Rif, which prioritize the most straightforward application of Halacha.

Ashkenazic Halacha is more flexible in allowing customs to override textual rulings, leading to both leniencies and stringencies based on later interpretations.

Modern Influence: Rabbi Ovadia Yosef reasserted Sephardic halachic independence, pushing against Ashkenazic minhagim dominating Sephardic communities.

Conclusion: Who Has the Stronger Halachic Tradition?

If we judge by adherence to classical halachic codes, Sephardic halacha is stronger, as it maintains fidelity to Mishneh Torah and Shulchan Aruch without allowing later customs to override.

However, Ashkenazic halacha dominates in many Orthodox circles due to the widespread influence of the Mishnah Berurah, Chassidic minhagim, and Lithuanian yeshivot.

Thus, Sephardic halacha is more stable, while Ashkenazic halacha is more dynamic—both having their strengths.