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Is Jewish Law an Expression of Heavenly Ideals or a Pragmatic Measure for Bringing Order to Society?

In this week’s Torah reading of Mishpatim, God communicates to Moses a catalogue of civil laws, addressing such issues as torts, property, punishments for theft, and so forth. The German-born Spanish rabbi Jacob ben Asher (ca. 1269-1343), in the introduction to his codification of the corresponding body of talmudic law, attempts to explain the purpose of judges, courts, and the legal system itself, arguing that without such institutions, society would disintegrate into a war of all against all. Contrasting Jacob ben Asher’s approach with that of another Spanish talmudist, Nissim of Gerona (1320-1376), Shlomo Zuckier examines their radically different interpretations of Jewish law:

[Nissim] argues that, in actuality, there exists [in the Torah’s view] a dual rather than a singular system, one based on a rule of the judge and the other based on the law of the king. Judges and courts are enjoined to apply the laws according to their pristine truth, on the basis of the rules stated in the Torah, while the king . . . is charged with ensuring an orderly society.

These two branches of government are supposed to complement one another: the goal of the courts is to live up to the Torah’s theoretical ideals and to bring the divine bounty into the world through their implementation. As the societal effects of this limited application of the law . . . do not necessarily ensure that society is properly organized, the role of the king is to fill the void and take all necessary actions to ensure a safe and healthy society. . . [In fact, Nissim] goes out of his way to note that the judge is considered a partner with God in Creation for bringing God’s justice into the world “whether or not he succeeds in bringing order to society.”

Thus the approaches of the rabbis are directly opposed to one another in their understanding of the purpose of justice. Jacob ben Asher has a very pragmatic view that law creates order, while Nissim has an idealistic or metaphysical view of law as bringing a perfect, theoretical divine vision of justice into the world. In several cases, they treat the same talmudic prooftexts in fascinatingly divergent fashion. . . .

Read more at Lehrhaus

More about: Jewish law, Judaism, Law, Middle Ages, Religion & Holidays

Mahmoud Abbas Comes to the UN to Walk away from the Negotiating Table

Feb. 22 2018

On Tuesday, the Palestinian Authority president, Mahmoud Abbas, addressed the United Nations Security Council during one of its regular discussions of the “Palestine question.” He used the opportunity to elaborate on the Palestinians’ “5,000-year history” in the land of Israel, after which he moved on to demand—among other things—that the U.S. reverse its recognition of Jerusalem as Israel’s capital. The editors of the Weekly Standard comment:

It’s convenient for Abbas to suggest a condition to which he knows the United States won’t accede. It allows him to do what he does best—walk away from the table. Which is what he did on Tuesday, literally. After his speech, Abbas and his coterie of bureaucrats walked out of the council chamber, snubbing the next two speakers, the Israeli ambassador Danny Danon and the U.S. ambassador Nikki Haley, . . . [in order to have his] photograph taken with the Belgian foreign minister.

Abbas has neither the power nor the will to make peace. It’s the perennial problem afflicting Palestinian leadership. If he compromises on the alleged “right of return”—the chimerical idea that Palestinians can re-occupy the lands from which they [or their ancestors] fled, in effect obliterating the Israeli state—he will be deposed by political adversaries. Thus his contradictory strategy: to prolong his pageantry in international forums such as the UN, and to fashion himself a “moderate” even as he finances and incites terror. He seems to believe time is on his side. But it’s not. He’s eighty-two. While he continues his performative intransigence, he further immiserates the people he claims to represent.

In a sense, it was entirely appropriate that Abbas walked out. In that sullen act, he [exemplified] his own approach to peacemaking: when difficulties arise, vacate the premises and seek out photographers.

Read more at Weekly Standard

More about: Mahmoud Abbas, Nikki Haley, Politics & Current Affairs, United Nations