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

Hizballah Is Learning Israel’s Weak Spots

On Tuesday, a Hizballah drone attack injured three people in northern Israel. The next day, another attack, targeting an IDF base, injured eighteen people, six of them seriously, in Arab al-Amshe, also in the north. This second attack involved the simultaneous use of drones carrying explosives and guided antitank missiles. In both cases, the defensive systems that performed so successfully last weekend failed to stop the drones and missiles. Ron Ben-Yishai has a straightforward explanation as to why: the Lebanon-backed terrorist group is getting better at evading Israel defenses. He explains the three basis systems used to pilot these unmanned aircraft, and their practical effects:

These systems allow drones to act similarly to fighter jets, using “dead zones”—areas not visible to radar or other optical detection—to approach targets. They fly low initially, then ascend just before crashing and detonating on the target. The terrain of southern Lebanon is particularly conducive to such attacks.

But this requires skills that the terror group has honed over months of fighting against Israel. The latest attacks involved a large drone capable of carrying over 50 kg (110 lbs.) of explosives. The terrorists have likely analyzed Israel’s alert and interception systems, recognizing that shooting down their drones requires early detection to allow sufficient time for launching interceptors.

The IDF tries to detect any incoming drones on its radar, as it had done prior to the war. Despite Hizballah’s learning curve, the IDF’s technological edge offers an advantage. However, the military must recognize that any measure it takes is quickly observed and analyzed, and even the most effective defenses can be incomplete. The terrain near the Lebanon-Israel border continues to pose a challenge, necessitating technological solutions and significant financial investment.

Read more at Ynet

More about: Hizballah, Iron Dome, Israeli Security