In one part of the Berachot tractate of the Talmud, the sages discuss until what time one may say the evening Shema. After many commentaries are presented, they finally conclude that one may say the evening Shema at the latest until midnight and not until before dawn. And what is the argument that leads them to this decision? The purpose of setting this specific limit is to “keep a person away from sin” (Kdei leharchik et haadam min hahabeira) and thus ensure that people will observe it correctly. And the text continues: “There is a teaching that says that the sages will make a fence to safeguard their words” (Hachamim asu sayag ledibreihem, Berachot 4b). This means that the halachic precepts must be so thought out and worded that they do not allow a person to fall into sin in any way. Before dawn, a person might miscalculate the time left and end up saying the Shema for the night when it is already daylight. If the limit is set at midnight, this risk is not run. Midnight gives us a wide margin.

This teaching of “creating a fence around the words of the sages” had very important implications. The enormous accumulation of halachic rules to make it practically impossible for a person to sin by not fulfilling them correctly has been taken to the extreme. A “Chumra” is a prohibition or obligation in the practice of Judaism that exceeds the minimum requirements set forth by Jewish law. “Chumrot” (plural of “Chumra”) can be adopted by an individual or by a community. They are found in Orthodox Judaism as a way to avoid transgressing a precept or as a way to distinguish oneself from other Orthodox groups.

The term “chumra” is also used when there are two or more different interpretations of the same point in the Talmud, and it is applied simply by choosing the stricter interpretation over the more lenient one. For example, in the 12th century, Rabbeinu Tam said that one could eat dishes of milk immediately after eating meat, simply by reciting a blessing and changing the tablecloth. Now, the most widely accepted halachic practice requires waiting at least an hour. Today’s practice is considered a “chumra” compared to what Rabbeinu Tam said.

In a certain sense, the Talmud, the Oral Torah, is that fence that protects the Written Torah. J. Israelstam, an English scholar, explains to us that: “The Torah is conceived as a garden and its commandments as precious plants, and a fence is erected to protect them.” Robert Frost in his poem “Mending Wall” says: “Before I build a wall, I want to know what I’m leaving in and what I’m leaving out and who I’m offending by doing so.” High walls isolate us from the outside world, they enclose us and don’t let us see what’s going on outside. Maybe there’s a new plant that would look great in our garden. That’s the problem with fences.

By Marcos Gojman

Bibliography: The Art Scroll edition of the Talmud and other sources.