Why the Talmud Rejected the Greek View of Divine Law

Nov. 12 2015

In What’s Divine about Divine Law?, Christine Hayes explores the talmudic sages’ understanding of the divinity of halakhah, and emphasizes the differences between their approach and that of Greek and Roman thinkers who made a clear distinction between divine law, which is made evident by nature, and human law. Benjamin Silver writes in his review:

[T]he rabbis of the Talmud were, like Paul, Philo, and numerous other Jews of the time, . . . responding to the Hellenistic dichotomy of human and divine law. Hayes brings down a mountain of evidence—from the Palestinian Talmud, from the Babylonian Talmud, from early and late midrashic works, and from the Qumran texts (popularly known as the “Dead Sea Scrolls”)—to demonstrate that the sages of the Talmud were well aware of the Hellenistic view, that they considered it seriously, and that they found it lacking.

The result is a law that was authored by God and yet remains, in certain respects, flexible, particular to the Jewish community, irrational, and, interestingly, untrue (insofar as Jewish law does not always align with logical, metaphysical, or empirical “truth”). For the rabbis, these characteristics were not cause for concern; rather, they were precisely evidence of the law’s divinity. This is not a law that would fit into the legal typology provided by Thomas Aquinas in his Summa, or any other subsequent Western legal philosophy or theology. Though the contours of such a view are disorienting to thoroughly Greek-influenced readers like us, Hayes takes pains to trace those contours carefully and clearly.

Though it’s never stated explicitly, the most significant academic conclusion to be drawn from Hayes’s characterization of this intellectual history is that the sages of the Talmud, in contrast to Paul and Philo, were presenting a view of divine law more conceptually faithful to Hebrew Scripture precisely because they rejected a Hellenistic dichotomy which is alien to Scripture.

Read more at First Things

More about: Ancient Greece, Halakhah, Judaism, Natural law, Philo, Religion & Holidays, Talmud

How the U.S. Can Retaliate against Hamas

Sept. 9 2024

“Make no mistake,” said President Biden after the news broke of the murder of six hostages in Gaza, “Hamas leaders will pay for these crimes.” While this sentiment is correct, especially given that an American citizen was among the dead, the White House has thus far shown little inclination to act upon it. The editors of National Review remark:

Hamas’s execution of [Hersh Goldberg-Polin] should not be treated as merely an issue of concern for Israel but as a brazen act against the United States. It would send a terrible signal if the response from the Biden-Harris administration were to move closer to Hamas’s position in cease-fire negotiations. Instead, Biden must follow through on his declaration that Hamas will pay.

Richard Goldberg lays out ten steps the U.S. can take, none of which involve military action. Among them:

The Department of Justice should move forward with indictments of known individuals and groups in the United States providing material support to Hamas and those associated with Hamas, domestically and abroad. The Departments of the Treasury and State should also target Hamas’s support network of terrorist entities in and out of the Gaza Strip. . . . Palestinian organizations that provide material support to Hamas and coordinate attacks with them should be held accountable for their actions. Hamas networks in foreign countries, including South Africa, should be targeted with sanctions as well.

Pressure on Qatar should include threats to remove Qatar’s status as a major non-NATO ally; move Al Udeid air-base assets; impose sanctions on Qatari officials, instrumentalities, and assets; and impose sanctions on Qatar’s Al-Jazeera media network. Qatar should be compelled to close all Hamas offices and operations, freeze and turn over to the United States all Hamas-connected assets, and turn over to the United States or Israel all Hamas officials who remain in the country.

Read more at FDD

More about: Gaza War 2023, Hamas, U.S. Foreign policy