How the Rabbis Put God Back in Divine Law

April 12 2018

In the Bible, “divine law” means laws conveyed by God to man, usually via Moses. To ancient philosophers like Cicero, the phrase meant what we would now call natural law—laws in keeping with the world as God Himself (or the gods) designed it. The 1st-century-BCE Jewish philosopher Philo of Alexandria, perhaps reflecting the attitudes of numerous Hellenistic Jews, sought to synthesize these views. At least, this is the schema put forth by Christine Hayes in her book What’s Divine about Divine Law? In her understanding, things proceed to become more complicated when we get to the apostle Paul, and even more so when it comes to the talmudic rabbis, who are her book’s main concern. Richard Hidary writes in his review:

Ironically, Philo’s defense of Torah as natural law opened a path toward dispensing with it altogether. If one could access and internalize the laws of nature directly as Abraham [supposedly] did, then what need was there for the external rituals? Paul’s answer to Professor Hayes’s question is that divine law isn’t the Torah. Mosaic law was a temporary set of rules promulgated at Sinai to keep the sinful Jews in check until Jesus’ redemption by faith.

Finally, [the 2nd-century-CE sage] Rabbi Joshua exclaims, “The Torah is not in heaven!” Divine law is not immutable natural law, [as Cicero or Philo would have it]. It was given from heaven at Sinai, but it is now in the possession of the sages to interpret as they best see fit. . . .

Hayes’s encyclopedic and nuanced study shows how this biblical model was distorted by Second Temple-era Jewish writers who accepted a Greek dichotomy of divine-versus–human law. The biblical vision, however, found continuity in the Talmud, only to be crossbred again with Hellenistic notions of divine law by later philosophers, kabbalists, and halakhists—though this last medieval and modern part is not really part of the story.

Hayes’s conclusion that the rabbis were the primary inheritors of the biblical notion of divine law will be certain to provoke many scholars of classical Judaism who take for granted that the rabbis moved farther away from biblical religion than did other Second Temple groups. The common assumption is that in their struggle to create a version of Judaism that would help them survive the trauma of the loss of the Temple, the rabbis turned to various forms of midrash to reinterpret the Bible radically, while incorporating at least some Greek terms and notions. . . . Yet Hayes convincingly shows that although the rabbis often deviate from biblical law in its details, their fundamental understanding of the divinity of the Torah’s laws directly continues that of the Bible itself. . . . In fact, the rabbinic willingness to modify the Torah’s laws follows from precisely the biblical understanding of law as the expression of the divine will that can change and that, in any case, must be interpreted.

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More about: Halakhah, Hebrew Bible, Judaism, Natural law, Paul of Tarsus, Philo, Religion & Holidays, Talmud

A University of Michigan Professor Exposes the Full Implications of Academic Boycotts of Israel

Sept. 26 2018

A few weeks ago, Professor John Cheney-Lippold of the University of Michigan told an undergraduate student he would write a letter of recommendation for her to participate in a study-abroad program. But upon examining her application more carefully and realizing that she wished to spend a semester in Israel, he sent her a polite email declining to follow through. His explanation: “many university departments have pledged an academic boycott against Israel in support of Palestinians living in Palestine,” and “for reasons of these politics” he would no longer write the letter. Jonathan Marks comments:

We are routinely told . . . that boycott actions against Israel are “limited to institutions and their official representatives.” But Cheney-Lippold reminds us that the boycott, even if read in this narrow way, obligates professors to refuse to assist their own students when those students seek to participate in study-abroad programs in Israel. Dan Avnon, an Israeli academic, learned years ago that the same goes for Israel faculty members seeking to participate in exchange programs sponsored by Israeli universities. They, too, must be turned away regardless of their position on the Israel-Palestinian conflict. . . .

Cheney-Lippold, like other boycott defenders, points to the supposed 2005 “call of Palestinian civil society” to justify his singling out of Israel. “I support,” he says in comments to the [Michigan] student newspaper, “communities who organize themselves and ask for international support to achieve equal rights [and] freedom and to prevent violations of international law.”

Set aside the absurdity of this reasoning (“Why am I not boycotting China on behalf of Tibet? Because China has been much more effective in stifling civil society!”). Focus instead on what Cheney-Lippold could have found out by using Google. The first endorser of the call of “civil society” is the Council of National and Islamic Forces in Palestine, which includes Hamas, the Popular Front for the Liberation of Palestine, and other groups that trade not only in violent “resistance” but in violence that directly targets noncombatants.

That’s remained par for the course for the boycott movement. In October 2015, in the midst of the series of stabbings deemed “the knife intifada,” the U.S. Campaign for the Academic and Cultural Boycott of Israel shared a call for an international day of solidarity with the “new generation of Palestinians” who were then “rising up against Israel’s brutal, decades-old system of occupation.” To be sure, they did not directly endorse attacks on civilians, but they did issue their statement of solidarity with “Palestinian popular resistance” one day after four attacks that left three Israelis—all civilians—dead.

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More about: Academia, Academic Boycotts, BDS, Israel & Zionism, Knife intifada