Reflections on Issues in Judaic Law and Lore

Dr. Martin Sicker

Description

The fundamental basis of Judaism, as is well known, is the Torah, the teachings contained in the Pentateuch, the five biblical books the composition of which is traditionally attributed to Moses. These teachings may be grouped in two basic categories, matters between man and man, individually as well as societally, and matters between man and God. The basic guidelines that apply in matters between man and man are referred to as mishpatim or ‘ordinances,’ whereas those applying to matters between man and God are referred to as ‘statutes.’ The fundamental distinction between the two categories is that the ‘ordinances’ are subject to human judgment, whereas the ‘statutes’ are not; the divine reason for them a mystery, about which people may speculate but cannot know for certain.
The present work is primarily concerned with four ‘statutes’ that have direct and significant impact on the lives of those committed to compliance with them. Since simply rejecting any of them is not an acceptable option, over the millennia since their codification in the Torah efforts have been made to deal with them under conditions that are significantly different from those that prevailed at the beginning of their revelation. Given that the ‘statutes’ as set forth in the Torah cannot be tampered with, issues have been raised regarding how they are to be applied in the contemporary Jewish world. These reflections are not intended to propose answers to those issues, but only to clarify their significance and their present treatment in the various schools of Judaic thought.

Sujets

• Philosophie et théologie
• Pegatina
• Sticker
• Judaism
• Religion
• Reflections
• Martin
• Autocollant

Informations

• Publié par: Xlibris US
• Date de parution: 22 février 2023
• Nombre de lectures: 0
• EAN13: 9781669868309
• Langue: English

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Reflections on Issues in Judaic Law and Lore
 
 
 
 
 
 
Dr. Martin Sicker
 
 
 
Copyright © 2023 by Dr. Martin Sicker.
 
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978-1-6698-6829-3

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Rev. date: 02/22/2023
 
 
 
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CONTENTS
The Question of Dogma in Judaism
The Dietary Laws
Sex, Marriage, and Forbidden Carnal Relations
Remembering and Observing Shabbat
References
Notes
The Question of Dogma in Judaism
A perennial issue among students of Judaism is whether the Jewish faith is predicated on a set of dogmas that constitute its creed. As defined by Webster’s New Universal Unabridged Dictionary (1979), ‘Dogma’ is (1) “a doctrine; tenet, belief. (2) a positive, arrogant assertion of opinion; dogmatic utterance. (3) In theology, a doctrine or body of doctrines formally and authoritatively affirmed.” With regard to the applicability of these definitions to Judaism, the first appears to be generally acceptable. However, the applicability of the second definition is contentious, and the third is fundamentally inapplicable because the necessary empowered authoritative body did not and does not exist in Judaism.
It has been pointed out that “every religious system has developed certain fundamental principles regarding God, His attributes and His relation to man, which are known as dogmas, and a certain order of ceremonies which serve as aids toward the fuller realization of these dogmas or doctrines. Judaism also has its dogmas and observances, but the position of dogma in Judaism is quite different from that which it occupies in other religions. The number of the Jewish articles of faith has never been definitely settled, nor has even their exact significance been firmly established. Attempts have been made time and again to formulate a Jewish creed, and some of these received general recognition, but none enjoyed authoritative sanction.” 1
Accordingly, “if we understand dogma to mean selected beliefs or teachings set down by competent authority as the sine qua non of Jewish faith and thereby distinguished from and valued as more important than other beliefs and teachings of Judaism,” it is reasonable to conclude that classical Judaism, as reflected in Scripture and rabbinic literature, is devoid of dogmas. “The absence of dogma in traditional Judaism ought not to be surprising. There is nothing in the nature of monotheistic faith that necessitates its being presented in creedal form. Judaism, as expressed in biblical and rabbinic texts, does not specify some beliefs as dogmas.” 2 Elaborating on this point, it has been argued,
Taking the word ‘dogma’ in a somewhat restricted sense, it might be said that Judaism has no dogmas, and therefore no regular orthodoxy. It is obvious that in a positive religion classical phrases would pass from generation to generation as the ancient and holy message of religious truth. Wherever there exists a treasury of faith, a depositum fidei , it is expressed in sacred words in which sounds the ringing, swinging song of revelation and of history. But it does not constitute a dogma in the most precise sense of the word. It becomes one only when definite formulas have been worked out in clear cut conceptions, and have been declared binding by an established and competent authority, as signifying the religious deposit, in the acceptance of which lie orthodoxy and salvation.
None of these presuppositions are to be found in Judaism. There was no necessity for secure, inviolable formulas; for these are only necessary when there lies at the heart of a religion a mystical, consecrating act of faith, which alone can open the door to salvation, and which therefore demands a definite form of conceptual presentation which can be handed down from age to age. Such actions procuring salvation and such gifts of grace are unknown to Judaism; it possesses no such effective actions to bring heaven down to earth. . . . Thus there was no necessity to create and hand down any decisive formulas or creeds to guarantee stability and security. 3
Moreover, it has been argued, “In speaking of dogmas it must be understood that Judaism does not ascribe to them any saving power. The belief in a dogma or a doctrine without abiding by its real or supposed consequences (e.g. the belief in creatio ex nihilo without keeping the Sabbath) is of no value. And the question about certain doctrines is not whether they possess or do not possess the desired charm against certain diseases of the soul, but whether they ought to be considered as characteristic of Judaism or not.” 4
In response to a question regarding conversion to Judaism, it has been pointed out that “in other religions it suffices to adhere to a credo and thereby become, ipso facto , a member of a new faith. . . . Not so with Judaism. Not only does Judaism refrain from seeking converts . . . it even places difficulties in the path of conversion. This is because Jewish law does not limit itself to dogmas; it aims, above all, for a distinct way of life down to its minutest details. For the Jew the act has more value than the affirmation ; acts alone give meaning to faith.” 5
With regard to the concept of a ‘Jewish faith,’ it has been suggested that “faith is the implicit and absolute belief in the truth of the communication made to us and in the trustworthiness of him, who makes it to us. . . . Time, investigation, and extended observation and knowledge may either confirm the contents of our faith or may convince us that we have been in error. . . . Whatever can be known by means of scientific research and thorough investigation we need not accept on faith . . . [Jewish religion] does not only not forbid such examination, but even encourages it. Thus we read in the Book of Proverbs, ‘A fool believeth every word, but the prudent man looketh well to his going’ (xiv. 15). For this purpose God has given us intellectual faculties that we should employ them in our search for truth.” 6 Considered from a traditionalist perspective, it might be asked:
Does Judaism provide us with an accepted uniform ‘Weltanschauung’? By ‘Judaism’, we do not mean any Judaism—conservative, liberal or reform—but the Judaism, the traditional Judaism, that derives from the Written and Oral Law. This definition is not given arbitrarily, but is justified by two self-sufficient reasons. Firstly, we are convinced that our Law is God-given and that men are thus not at liberty to alter it. Secondly, like any other culture, Judaism is not immune from foreign influences. The Jews, who for two thousand years have lived among strange peoples, are more subject to the dangers of assimilation than other people. That is why the more we have recourse to the more recent sources, the less can we feel certain that we are receiving the real view of Judaism rather than a view based on an admixture of cultures. On the other hand, if we turn to the most ancient source of all, the Book of Books, we can rest assured that we have the opinions of Judaism, and those alone. 7
Nevertheless, over the past millennia students of the Torah have interpreted the biblical texts in a variety of ways that complicate the notion of a consistent body of principles that Jews are bidden to internalize and to reflect in practice. The Torah itself does not posit a set of principles, but does allow for such principles to be inferred from what is revealed. As Moses put it: The secret things belong unto the Lord our God; but the things that are revealed belong unto us and to our children forever, that we may do all the words of this law (Deut. 29:28). This verse “affirms that the Torah is for all the members of the Congregation of Jacob and not only for philosophers and thinkers. It is therefore not surprising that ‘the Torah spoke in the language of mortals,’ that is, in a language intelligible to all audiences and readers and left it to thinkers to draw conclusions from the things said, and to speculate on that which is unsaid.” 8
In the latter regard it has been suggested that “Although traditional Judaism has very few dogmas, at least three can be discerned, especially when seen in the light of their modern denials. One, the written Torah (minimally the Pentateuch), is the direct revelation of God ( torah min ha-shamayim ), even though there is much that can be said about the human transmission of the revealed text. Two, the Jewish legal tradition ( halakhah ), often called the Oral Torah, is the normative interpretation, application, and supplement of the precepts of the Written Torah, even though there is much flexibility in that interpretation, application, and supplementation. Three, the destiny of the Jewish people (and most likely all humankind with them) will not be fulfilled until the final redemption, including the bodily resurrection of the dead by God, even though that can hardly be described by any human mind short of it actually happening.” 9
It is noteworthy that “the Bible itself hardly contains a command bidding us to believe . We are hardly ordered, e.g. , to believe in the existence of God. I say hardly, but I