tag:blogger.com,1999:blog-374945593972878840.post2923781691064443754..comments2023-09-22T06:24:01.470-04:00Comments on Libertarian Jew: The Problem of Orthodox Judaism and Excessive CodificationUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-374945593972878840.post-73483081804151201162016-04-06T10:40:18.232-04:002016-04-06T10:40:18.232-04:00The ideas and concepts of adaptability and relevan...The ideas and concepts of adaptability and relevance presented in these posts are a massive comfort to me. THANK YOU.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-374945593972878840.post-67980772972771320522013-06-19T11:58:54.398-04:002013-06-19T11:58:54.398-04:00I don't think that using electricity on Shabba...I don't think that using electricity on Shabbat is the best example. The halachic ruling was made during the advent of electricity usage, which was problematic because a) rabbis in the early 20th century didn't have the foresight to realize the prevalence and influence of electricity, and b) those rabbis made a ruling based on an inferior understanding of the science behind electricity. Once there was new information that superseded our previous understanding of electricity, the rabbis should have changed the halacha according to the reality of the science, not based on the already-established perception thereof. The arguments for prohibiting electricity are <a href="http://libertarianjew.blogspot.com/2010/07/electricity-on-shabbat-some-shocking.html" rel="nofollow">not compelling</a>. This is not to say that I automatically use electric objects on Shabbat. Quite the contrary! I can find other reasons outside of "electricity is prohibited," a lot of which are surrounded around the idea of <i>shvut</i>. A better example of halachic adaptation would have been the example of organ donation, in which eschatological beliefs were overridden by <i>pikuah nefesh</i>. <br /><br />As for the flexibility, I'm not asking to sever ourselves from <i>mesora</i>. What I am asking is that we continue the long-standing tradition of adapting and evolving when the situation calls for it, instead of saying "this is the way we've always done it" and sticking to the argument of "doing it for tradition's sake." <br /><br />As for the decline of generations, I do appreciate the wisdom of Chazal. But the issue is that those rabbis lived about two millennia ago. I don't subscribe to <i>da'at Torah</i> because rabbis are not omniscient, and I'm wary of the rabbinic periods (e.g., Acharonim, Rishonim). For instance, why is it that any rabbi after R. Josef Caro is put into an inferior categorization [of Acharonim]? It seems like a power play to solidify the legitimacy of S.A. I know that R. Norman Lamm talks about the misconception of "decline of generations" in his book Torah Umaddah. <a href="http://www.amazon.com/Maimonides-Generations-Rabbinic-Authority-Philosophy/dp/0791429229" rel="nofollow">Rambam</a> also took issue with the "decline of generations." I analogize the concept as standing on the shoulders of giants. Although I am not as well-versed as rabbinic greats such as Rashi, Rambam, Ramban, or Ramchal, I can take their commentaries and apply those in the context of what we know about various topics in modern-day times. Yes, we should certainly make sure we maintain <i>mesora</i>, but if our understanding of reality changes, the halacha should adapt accordingly. Otherwise, it would mean that we are living in a fantasy world.<br /><br />I probably should have phrased it as "spiritual inspiration" rather than "innovation." To reiterate, most Jews don't practice. I even know practicing Jews that wonder why they're doing what they're doing, and do certain mitzvot strictly out of <i>keva</i> (i.e., no kavannah). With codification, there is such emphasis on the mechanics (i.e, the what and the how) that many cannot understand the meaning behind why they're doing what they're doing (i.e., the "why") that goes beyond [at least what I would consider] the unsatisfying response of "because G-d told me to." <br /><br />And PS: Thank you for correcting the Mishneh Torah part. I would opine that it takes at least some chutzpah to say "I can provide a better version [that is more user-friendly]," but said chutzpah is considerably watered down from what I had initially suggested. Libertarian Jewhttps://www.blogger.com/profile/07063486300815461137noreply@blogger.comtag:blogger.com,1999:blog-374945593972878840.post-60165544694982768552013-06-18T11:43:12.243-04:002013-06-18T11:43:12.243-04:00I hear what you are saying and in a way, I agree w...I hear what you are saying and in a way, I agree with you: the adaptability of halacha is a key if not the key to the continuation of Judaism. For instance, the halachos regarding electricity are not new halachos, but based on extrapolations of halachos that were already in place. That is adaptability.<br />The "flexibility" that you note in halacha of yesteryear I think is slightly different than what you make it out to be:<br />One of the important parts to determining halacha is mesorah. The mesorah that Rav Yosef Kaaro received from his Rabbi or the Rambam from his. If we revert back to those earlier times, then we are also cutting ourselves off from the mesorah that was past time between then and now. That is counterproductive.<br />Another important aspect I think is based on the idea of the decline of the generations (ירידת הדורות). In your studies of the Talmud, I'm sure you can appreciate the incredible wisdom of the Rabbis of the Talmud and the depth of understanding of the commentators of the Middle Ages. If we are like people, they are like angels (Shabbos 112b). The same way the Amoraim of the Talmud could not argue on the Tannaim of the Mishnah, we cannot innovate outside the framework set down by the Rabbis of the Middle Ages (Rishonim). That idea itself is part of the mesorah of determining halacha. Therefore it is imperative to learn their codices.<br /><br />Halacha itself has not suffered with the advent of modern changes. The proof of that is Orthodox Jews who still adhere to the same halacha. Spiritual complacency is a sin of the lay-person, no matter what religion or sect. But it is difficult for me to agree with you that condification RESULTS in complacency. I have only to look around me to see how many of my friends strive for and reach lofty goals. Maybe I don't understand what you mean by a lack of spiritual innovation.<br />(Side point: משנה תורה doesn't actually mean 'second Torah'. It means a "review of the Torah", the same way that the משנה of the Tannaim meant to review. There is an allusion in those words to משנה למלך second TO the king, because the Rambam intended his work to be learned after Tanach as an overview of the salient points of halacha before entering the sea of the Talmud. But "second Torah" would be תורה שניה)Why Kayhttps://www.blogger.com/profile/06964277818237534270noreply@blogger.comtag:blogger.com,1999:blog-374945593972878840.post-63810955385958315672013-06-17T13:18:59.333-04:002013-06-17T13:18:59.333-04:00Dear Why Kay,
I think it's great that you fin...Dear Why Kay,<br /><br />I think it's great that you find meaning and liberation within the current halachic system. More power to you! I certainly think that Judaism should have values and standards because otherwise, what would be the point? My issue is that the codification of halacha has become excessive, and has resulted in a lack of spiritual innovation. Having "everything laid out" lulls people into a sense of complacency. Things change, and when they do, the halachic system should be adaptable to those changes while maintaining <i>mesora</i>. Is it an easy balance to maintain? No. But it historically has been done before, and halacha should revert back to that flexibility, especially given how fast things change these days. <br /><br />Also, going to your Shabbat example: The odds of a previously non-observant Jew to be able to grasp all of Shabbat observance in one try is next to nil. Even with the codification, it takes time to acclimate to Shabbat observance. Also, I've been doing Daf Yomi, and it doesn't take 4-5 years to get through the tractate. This brings me to another point, which is the idea that the codification will get you to <b>the</b> halacha. The whole premise behind Talmudic discourse is there is more than one way to approach halacha. While there are standards and certain norms, there are more than plenty of situations in which <i>eilu v'eilu</i> comes into play, which is why I prefer, in my humble opinion, to say that "this is a halachic answer" instead of saying "this is what <b>the</b> halacha says."Libertarian Jewhttps://www.blogger.com/profile/07063486300815461137noreply@blogger.comtag:blogger.com,1999:blog-374945593972878840.post-55265006170620872362013-06-17T00:08:41.416-04:002013-06-17T00:08:41.416-04:00I see the "over codification" of Halacha...I see the "over codification" of Halacha in the exact opposite light. Rather than restricting I think it is liberating.<br />Take for example the Laws of Shabbos. These Laws are undeniably many and complex. Tractate Shabbos of the Babylonian Talmud is one of the longest in terms of pages. A formerly non-practicing Jew wishes to become Shabbos-observant. Not in 4 or 5 years after combing through tractate Shabbos and all other relevant passages in the Talmud, determining a method for weighing the various opinions, extracting the relevant laws from those opinions and extrapolating from those Laws to modern invention. He wants to observe Shabbos this week. Enter "over-codified Halacha".<br /><br />Take your average layman who works long hours and may not be scholarly inclined. He might complete the entire Talmud at some point in his life. But rendering halachic decisions for himself?<br /><br />The codification of Halacha is liberating. It frees time for us to spend in contemplation of the spirit without sacrificing commitment to the Divine Laws of G-d. And for those that are capable of more, the Talmud is at his disposal awaiting him to plumb its depths. Indeed there are many Rabbinical seminaries that focus on this approach: learning the Talmud with the objective of arriving at the Halacha. And thanks to over-codification, they don't have to wait for the conclusion to begin practicing these Laws!Why Kayhttps://www.blogger.com/profile/06964277818237534270noreply@blogger.com