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

Despite the Toll of War at Home and Rising Hostility Abroad, Investors Are Still Choosing Israel

When I first saw news that Google wasn’t going through with its acquisition of the tech startup Wiz, I was afraid hesitancy over its Israeli founders and close ties with the Jewish state might have something to do with it. I couldn’t have been more wrong: the deal is off not because of Google’s hesitancy, but because Wiz feared the FTC would slow down the process with uncertain results. The company is instead planning an initial public offering. In the wake of the CrowdStrike debacle, companies like Wiz have every reason to be optimistic, as Sophie Shulman explains:

For the Israeli cyber sector, CrowdStrike’s troubles are an opportunity. CrowdStrike is a major competitor to Palo Alto Networks, and both companies aim to provide comprehensive cyber defense platforms. The specific issue that caused the global Windows computer shutdown is related to their endpoint protection product, an area where they compete with Palo Alto’s Cortex products developed in Israel and the SentinelOne platform.

Friday’s drop in CrowdStrike shares reflects investor frustration and the expectation that potential customers will now turn to competitors, strengthening the position of Israeli companies. This situation may renew interest in smaller startups and local procurement in Israel, given how many institutions were affected by the CrowdStrike debacle.

Indeed, it seems that votes of confidence in Israeli technology are coming from many directions, despite the drop in the Tel Aviv stock exchange following the attack from Yemen, and despite the fact that some 46,000 Israeli businesses have closed their doors since October 7. Tel Aviv-based Cyabra, which creates software that identifies fake news, plans a $70 million IPO on Nasdaq. The American firm Applied Systems announced that it will be buying a different Israeli tech startup and opening a research-and-development center in Israel. And yet another cybersecurity startup, founded by veterans of the IDF’s elite 8200 unit, came on the scene with $33 million in funding. And those are the stories from this week alone.

But it’s not only the high-tech sector that’s attracting foreign investment. The UK-based firm Energean plans to put approximately $1.2 billion into developing a so-far untapped natural-gas field in Israel’s coastal waters. Money speaks much louder than words, and it seems Western businesses don’t expect Israel to become a global pariah, or to collapse in the face of its enemies, anytime soon.

Read more at Calcalist

More about: cybersecurity, Israeli economy, Israeli gas, Israeli technology, Start-up nation