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. . . .

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.