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

The Intifada Has Been Globalized

Stephen Daisley writes about the slaying of Yaron Lischinsky and Sarah Milgrim:

Yaron and Sarah were murdered in a climate of lies and vilification and hatred. . . . The more institutions participate in this collective madness, the more madness there will be. The more elected officials and NGOs misrepresent the predictable consequences of asymmetric warfare in densely populated territories, where much of the infrastructure of everyday life has a dual civilian/terrorist purpose, the more the citizenries of North America and Europe will come to regard Israelis and Jews as a people who lust unquenchably after blood.

The most intolerant anti-Zionism is becoming a mainstream view, indulged by liberal societies, more concerned with not conflating irrational hatred of Israel with irrational hatred of Jews—as though the distinction between the two is all that well defined anymore.

For years now, and especially after the October 7 massacre, the call has gone up from the pro-Palestinian movement to put Palestine at the heart of Western politics. To pursue the struggle against Zionism in every country, on every platform, and in every setting. To wage worldwide resistance to Israel, not only in Wadi al-Far’a but in Washington, DC. “Globalize the intifada,” they chanted. This is what it looks like.

Read more at Spectator

More about: anti-Semitsm, Gaza War 2023, Terrorism