Why the Talmud Rejected the Greek View of Divine Law

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

 

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden