web analytics
March 3, 2015 / 12 Adar , 5775
At a Glance
Judaism
Sponsored Post


Home » Judaism » Torah »

Rationality, Not Rational

“The generalities of the commandments necessarily have a cause and have been given because of a certain utility."
Heston

“V’zeh yihiye mishpat haKohanim me’et ham me’et zivchei hazevach im shor im seh vnatan l’Kohen hazroah zerah v’halechaim v’hakevah.

The most frustrating conversations are with those with whom we have deep fundamental disagreements. If conducted in the right spirit, without personal animus and with sincere dedication to the pursuit of truth, they can be very rewarding. When we surround ourselves only with those who see things exactly as we do, we limit our growth. When we surround ourselves only with those with whom we have fundamental disagreements, we never get past the same discussions. We need a balance between the two.

I have a dear friend, a moral philosopher who is a Torah observant Jew. Our fundamental disagreement, one which we can never get past, concerns the relationship between God’s Law and God’s morality. Because the answers to such momentous questions lie at the heart of one’s hashkafa, we need to explore them periodically, testing the current state of our thinking for validity and coherence.  Parshat Shoftim gives us such an opportunity.

After stipulating that the Kohanim receive Divine gifts in place of a tribal portion of the land, the Torah enumerates the Matnat Kehuna. When the meat is slaughtered for consumption, they receive the right shoulder, the two bones of the lower cheek, and the stomach or gullet. The Ramban contrasts the midrashic reading on the significance of these body parts to that of the Rambam in Moreh Nevuchim. The former identifies each of the body parts with a feature of the zealous act of Pinchas. The right shoulder representing the shoulder with which Pinchas took the spear in his hand, the cheek bones representing the prayers he verbalized, and the stomach representing the organs of his victims, penetrated by his spear. In other words, the Matnat Kehuna are not a sinecure for the Kohanim but a reward for the acts of their ancestor. In Moreh Nevuchuim, however, the Rambam offers a more direct explanation: each of these organs is the most select of the animal’s body parts, the shoulder being the most select of the extremities, the stomach of its innards, etc. The Matnat Kehuna represent then the recognition that the best goes to God, in this case through the Kohanim who have been designated to serve Him.

This is not the only such explanation that the Rambam proposes. In Chelek Gimmel we find a broad selection of other mitzvot for which he offers rational bases. There is no question that the Rambam maintained that the mitzvot each convey a benefit upon Am Yisrael. At the same time, Jewish law retains its positivist basis for observance since these benefits are not the rationale for observance. The Rambam makes an important move that allows him to accommodate within his approach both the inherent rationality of the Law with its positivist basis for observance: the general outline of a particular precept is rational while its details need not be. In Chapter 26 (Pines translation):

“The generalities of the commandments necessarily have a cause and have been given because of a certain utility; their details are that in regard to which it was said of the commandments that they were given merely for the sake of commanding something.”

The Rambam cites shechitah as his prime example. As he elaborates in Chapter 48, the general mitzvah of shechitah is intended to allow the people to have the good food they require while protecting the animals they slaughter from a painful death. The general mitzvah then exhibits a rational purpose intended to benefit the people. The details, however, e.g., the particular simanim which must be cut, are “imposed with a view to purifying the people.” The Rambam is referring to a passage in Berashis Rabbah cited earlier that asks what difference should it make to Hakadosh Baruch Hu if animals are slaughtered by cutting their neck in front or in back? The Midrash answers: Say therefore that the commandments were only given in order to purify the people.”

The diyuk in the Midrash is clear: “What difference do the details make to Hakadosh Baruch Hu? Say therefore that the [details of the] commandments were only given in order to purify the people.” The Rambam can therefore conceive of a functionalist law with a positivist rationale for observance. The generalities of the Law are rational; the details of the Law are positivist in nature. The fact that the Torah exhibits an interior rationality does not preclude an absolute mandate for observance. By asserting that the details serve the purpose of requiring commitment to law independent of rational understanding, the Rambam puts the halachic system firmly on a positivist footing.

When the Rambam declares the Torah a reflection of the rational Mind of God, he does not mean to assert that it has lost its essential character as commandment. Those who interpret Jewish law as a set of social policy prescriptions miss the distinction between rationality and rationale. This confusion plagued the Wissenschaft des Judentums movement, leading those who saw Jewish legal sources as rational responses within a historical context to deny their binding nature. Similarly, those who cast Torah entirely as positivist decree may be victims of the same delusion, denying rationality in order to preserve rationale.

About the Author: Rabbi Ozer Glickman is the Rosh Yeshiva at RIETS.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Rationality, Not Rational”

Comments are closed.

Current Top Story
Prime Minister Benjamin Netanyahu addresses the US Congress in Washington on May 24 2011.
Live: Watch Netanyahu’s Speech in Congress [video]
Latest Judaism Stories
wine

One can drink up to the Talmud’s criterion to confuse Mordechai and Haman-but not beyond.

Hur and Aharon holding up Moshe's hands as Joshua battled Amalek.

“The voice is the voice of Yaakov, but the hands are the hands of Esav” gives great insight to Purim

Esther Denouncing Haman

Purim is the battleground of extremes, Amalek and Yisrael, with Zoroastrian Persia in between.

Niehaus-022715

One should not give the money before Purim morning or after sunset.

The mishloach manos of times gone by were sometimes simple and sometimes elaborate, but the main focus was on the preparation of the delicious food they contained.

Does Hashem ever go away and not pay attention to us?

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The avodah (service) of the kohen gadol is vital and highly sensitive; the world’s very existence depends on it.

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

Forever After?
‘Obligated for Challahh and Not Terumah’
(Kesubos 25a)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

This was a spontaneous act of rest after the miracle of vanquishing their respective foes. The following year they celebrated on the same days as a minhag.

The way we must to relate to our young adult children is to communicate with genuine loving-kindness

More Articles from Rabbi Ozer Glickman

Moshe Rabbeinu’s orations to Am Yisrael offer us the opportunity to be elevated and inspired in the weeks ahead.

Heston

“The generalities of the commandments necessarily have a cause and have been given because of a certain utility.”

The following letter was sent in response to Pidyon Shevuyim: Redeeming The Agunah, a column by Cheryl Kupfer (12-21 On Our Own):

Printed from: http://www.jewishpress.com/judaism/torah/rationality-not-rational/2013/08/09/

Scan this QR code to visit this page online: