What’s Legal about Jewish Law?

In his book, Halakhah: The Rabbinic Idea of Law (excerpted in Mosaic), Chaim Saiman aims to explain exactly what halakhah—usually translated as “Jewish law”—actually is. Moshe Koppel writes in his laudatory review:

Saiman notes at the [book’s] outset that halakhah is less than law in that it is neither legislated nor enforced by state institutions and hasn’t been for at least two millennia. He also notes that it is more than law in that it engages its adherents much more thoroughly and intensely than a legal system engages its subjects; no layman goes to hear a lecture on financial regulation, though many go to lectures on Bava Kama, [the talmudic tractate dealing with torts]. . . . This argument is so convincing that it suggests that, if one wishes to explain halakhah to the uninitiated, perhaps law is not the most apt basis for comparison.

The correct comparison, in my opinion, is to a system of social norms, the set of informal rules that, though not enforced by any official bodies, govern our lives much more thoroughly than do laws: how to dress for an occasion, where to stand in conversation and what to say, when gifts are required and what is an appropriate gift, to whom to show deference and how, table manners, workplace interactions, phone etiquette, dating rules, and on and on.

Halakhah is a lot more like a system of social norms than like a system of law, along all the dimensions that Saiman mentions. Apart from the fact that such norms are neither legislated nor enforced by the state, they also engage people in much the way halakhah does. The literature on social norms includes codes (Emily Post and wannabes), responsa (agony aunts and self-styled ethicists in newspapers), and learned novellae by legions of academics. And if people don’t often flock to lectures on the ins and outs of social norms, it’s only because such lectures are unnecessary. The pop culture they consume, from self-help books to Hollywood movies and television sitcoms, already consists of thinly-veiled morality tales designed precisely to instruct them in current standards of appropriate behavior and warn them of the consequences of failing to comply.

To be sure, I am not suggesting that halakhah is simply another system of social norms and nothing more need be said. Obviously, committed Jews regard violating the laws of Shabbat as a more serious matter than belching at the dinner table. [And], as Saiman illustrates at great length, the literature on halakhah through the generations relates to halakhah as if it were legislated and enforced, even if in fact the relevant institutions have been in abeyance for a few millennia.

Read more at Lehrhaus

More about: Halakhah, Judaism, Law, Religion & Holidays

Why Taiwan Stands with Israel

On Tuesday, representatives of Hamas met with their counterparts from Fatah—the faction of the Palestine Liberation Organization (PLO) once led by Yasir Arafat that now governs parts of the West Bank—in Beijing to discuss possible reconciliation. While it is unlikely that these talks will yield any more progress than the many previous rounds, they constitute a significant step in China’s increasing attempts to involve itself in the Middle East on the side of Israel’s enemies.

By contrast, writes Tuvia Gering, Taiwan has been quick and consistent in its condemnations of Hamas and Iran and its expressions of sympathy with Israel:

Support from Taipei goes beyond words. Taiwan’s appointee in Tel Aviv and de-facto ambassador, Abby Lee, has been busy aiding hostage families, adopting the most affected kibbutzim in southern Israel, and volunteering with farmers. Taiwan recently pledged more than half a million dollars to Israel for critical initiatives, including medical and communications supplies for local municipalities. This follows earlier aid from Taiwan to an organization helping Israeli soldiers and families immediately after the October 7 attack.

The reasons why are not hard to fathom:

In many ways, Taiwan sees a reflection of itself in Israel—two vibrant democracies facing threats from hostile neighbors. Both nations wield substantial economic and technological prowess, and both heavily depend on U.S. military exports and diplomacy. Taipei also sees Israel as a “role model” for what Taiwan should aspire to be, citing its unwavering determination and capabilities to defend itself.

On a deeper level, Taiwanese leaders seem to view Israel’s war with Hamas and Iran as an extension of a greater struggle between democracy and autocracy.

Gering urges Israel to reciprocate these expressions of friendship and to take into account that “China has been going above and beyond to demonize the Jewish state in international forums.” Above all, he writes, Jerusalem should “take a firmer stance against China’s support for Hamas and Iran-backed terrorism, exposing the hypocrisy and repression that underpin its vision for a new global order.”

Read more at Atlantic Council

More about: Israel diplomacy, Israel-China relations, Palestinian Authority, Taiwan