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Friday, January 30, 2009

Maimonidean Rationalism

Professor David R. Blumenthal reviews Professor Menahem Kellner's Maimonides’ Confrontation with Mysticism (Oxford, Littman Library of Jewish Civilization: 2006) at http://www.js.emory.edu/BLUMENTHAL/Kellner.htm.

Blumenthal notes that according to Kellner,

(1) In discussing which attributes can be properly ascribed to God and, again, in dealing with the purpose of the commandments, Maimonides takes a firm nominalist and instrumentalist position: all language about God is metaphor and all commands from God are for the purpose of allowing humans to improve themselves. Kellner follows this position and applies the same nominalist and instrumentalist approach to Jewish law / halakhah (ch. 2); to the idea of holiness as applied to God, the Jewish people, and the land of Israel (ch.3); to the concepts of purity and impurity (ch. 4); to the Hebrew language (ch. 5); to terms that describe God’s physical presence such as Kavod and Shekhinah (ch. 6); to the distinction between Jew and non-Jew (ch. 7); and to the term “angels” (ch. 8).

Thus, on the subject of Jewish law, Kellner writes: “[H]alakhah may be understood … as constituting or creating a social reality in the world in which humans live and interact. Understood in this fashion, halakhah is nothing other than an expression of God’s will, which could in principle have been differently expressed” (36) and “Had Abraham, for example, been a Navajo and not a Hebrew, the Torah would have been written in the Navajo language and the specific histories, laws, customs, and ceremonials would have reflected Navajo, not Hebrew, realities” (41-42). And, on the subject of holiness, Kellner writes: “Given Maimonides’ nominalism and his insistence upon the absolute transcendence of God, he could not attribute extra-mental existence to a general term like ‘sanctity,’ and he could not have held that there is any property shared by God and humans…. [P]eople, places, times, objects are sacred ‘only’ in an institutional sense” (89).

(2) Kellner very consistently contrasts Maimonides’ nominalist and instrumentalist view of the Jewish sources with the ontological, essentialist view of other Jewish thinkers. In this view, holiness, purity, etc. reside ontologically in the universe, and institutions like law, the Jewish people, ritual rules, and so on are but manifestations of that inherent holiness. Also, in this view, observing the commandments is beneficial to the soul of the person doing the commandment and, according to some, even to the universe, and disobeying the commandments actually causes harm to the soul and, according to some, to the universe itself. The ontological, essentialist position allows for “the multifarious denizens of the universe so beloved of ancient Jewish mysticism: angels and demons, forces, powers, occult properties, all those aspects of the cosmos which we today would lump together under the rubric ‘supernatural’” (12). It also allows for “the manipulation of God’s name and the use of amulets and charms” (22) and astrology, as well as the physical manifestations of the Divine: the Kavod, the Shekhinah, and the Created Light. In this view, these entities are real; that is, they have extramental existence.

Kellner consistently identifies the ontological, essentialist tradition as the view of the Heikhalot literature, Sefer Yetsirah, Sefer HaRazim, Halevi, Nahmanides, the Zohar, and Lubavitch hasidism as well as that of “his rabbinic colleagues in North Africa and the Middle East” (29). Insofar as this view precedes Maimonides, Kellner labels it “proto-kabbalah” (18-30 and elsewhere). It was against this stream of proto-kabbalah that Maimonides fought. It was this ontological essentialism that Maimonides struggled to eradicate (5-11, 287). He did this, not by frontal attack, but by “ignor[ing] the opposition wherever he can, stating, or at least, hinting at the truth as he sees it” (4); by “offer[ing] an alternative, carefully presented so as to arouse the least possible opposition and resentment” (17). The refocusing of the Maimonidean oeuvre on the proto-kabbalists is Kellner’s chief contribution to Maimonidean studies in this book.


Blumenthal argues against this understanding of Rambam, but be that as it may, I find these words beautiful, in and of themselves, regardless of who holds by them. If Rambam didn't hold by them, then even so, I myself will.

Note the following words of Dr. Nachum Klaftner's, in the comments to http://hirhurim.blogspot.com/2007/12/grave-of-onkelos.html:

First, I said,
As for reading the Zohar like Midrash: Rav Hirsch is instructive in this respect. It has been remarked that he was not antagonistic to Kabbalah, for he studied Zohar (Rabbi Klugman's biography, Dayan Grunfeld's introduction to Horeb, Rabbi Elias perush to 19 Letters). However, this claim misses the fact that Rav Hirsch read the Zohar totally different than everyone else. In his 19 Letters, he decries the "magical mechanism" and "theosophical worlds" of Kabbalah. An example of how he reads Midrash is found near the beginning of his Chumash Bereshit: he says that man's deeds influence the heavens (so to speak), for G-d takes cognizance of what we do and He responds accordingly. Notice how Rav Hirsch hav removed all "theosophy" of upper worlds and "magical mechanism" of our deeds mechanically causing spiritual forces to rain down.


Dr. Klaftner replied to me,
Yes, I think what you are saying is exactly correct. Rav Hirsch removed the "theurgic" efficacy of mitzvoth from his theology. Mitzvos are efficacious and tranformative only as they impact the mind, soul, thinking, feelings, and personality of the observer of the mitzvot.


Dr. Klaftner then replied to someone else,
But the mitzva in Hirsch's (and other rationalists') views the mitzvos do not push buttons in the cosmos which create automatic consequences in ruchniyus [spirituality]. The spiritual consequences of mitzvos are mediated by their impact on our relatinship with HaShem. To use kabbalistic language, "Yichudim" [unifications; Kabbalah holds by certain theosophical and theurgic divisions and unifications in G-d's metaphysical essence] (according to Hirsch and other rationalists) only occur in the kavana [intent] of the person performing the mitzva. The level of the kavana and the internalizations of the meaning of the mitzva is, by definition, synonymous with the "yichud" [unification].

...

Hirsch, in terms of kabbala, was a nominalist, as far as I understood him. Meaning, that "spirituality" is an internal experience inside the Jew, and not an external reality with its own metaphysics. (Nominalism is written about at length in Menachem Kellner's book, Maimonides' Confrontation with Mysticism, though I think some of his attributions to Maimonides are inaccurate and unfair, particularly in his chapter on Maimonides' nominalist philosophy of the halakha.)

The impact on the world around us by mitzvos according is profound according to the rationalists, but not via magical mechanisms. Rather via influence on other people (teaching Torah, giving tzedaka, serving as a role model, creating and supporting institutions and schools, etc.), or directly in the physical world (ve-asisa me'akeh le-gagecha, etc.). The influence of the mitzvos on others, according to rationalists, takes place in the social and interpersonal realm, not in a magical realm. The interpersonal and social realm for a rationalist like Hirsch IS SPIRITUAL, and the language of kabbala is a metaphor for it. There is not a "mystical world" separate from the social sphere. It is a subset of the social sphere. For a mystic it is a superficial representation of a deeper and independent spiritual world and reality.

Anyway, that is my understanding. Others will disagree strongly.

...

In short, the mitzva is NOT magical at all according to rationalists. Not in any way. It is a symbolic enactment of a truth, idea, etc. which when internalized properly in its performance enhances our knowledge of and relationship with HKBH [G-d]. But it does this via normal, social, psychological, conceptual, and cognitive modes of activity, and not through anything metaphysical entities like angels or sefiros. The sefiros, according to Hirsch, and a way of describing HaShem's interactions in the world, but are mostly a heuristic and moshol [parable] and not an independent reality. That is my understanding anyway. I'm not a big baki [expert] in Hirsch.


I added,
I would add that Rav Hirsch isn't the only one with his shita [ideology]. If you read God Man and History by Rabbi Berkovits, or The Faith of Judaism by Rabbi Isidore Epstein, and other similar works of modern rationalist rabbis, they all follow a philosophy of mitzvot (a) creating sociological effects bein adam l'havero [between man and man], (b) creating a relationship between you and Hashem, (c) impressing certain ideas and lessons into your mind. Check Horeb and read what the six categories of mitzvot are; they all fit into these three I have said. What these rabbis all reject is that mizvot have a pushbutton effect.

For example, I cited Rav Hirsch (somewhere in parshat Bereshit) that our deeds affect heaven, because God sees our deeds and behaves towards us accordingly. This is obviously related to the idea of our deeds affecting the upper worlds, but see that Rav Hirsch has removed all theurgy and theosophy. This is an aspect all commentators I have seen have missed - they all take pains to show that Rav Hirsch was not opposed to the Kabbalah, but they miss that his Kabbalah was different from everyone else's Kabbalah.

Another example: Rav J. H. Hertz to Avot chapter 3, where it says the Torah was used to create the world, says that this teaches the world was created with a spiritual purpose underlying it, AS IF the Torah had been used to create it (cf. Rav Hirsch to that same mishna). Rav Hirsch within the first page or two of Bereshit, says that the Torah preceded the world SO TO SPEAK, for the same reason Rav Hertz gives. Rav Hirsch to the Mishlei about the Torah being the blueprint for creation, says that natural laws and Torah laws are similar, because just as nature does what God tells it to, so should we, and so Torah for us is like natural law for the world (this is a common theme in his writings). In all these, all theosophy has been expunged.

...

The point is that they [mitzvot] DO have an effect on the world - a real world effect! When I give tzedaka, the poor guy isn't hungry anymore! I didn't pull any spiritual strings - I had a real-world physical effect on the world, right before your eyes.

...

Now, obviously, this doesn't mean nothing happens if I walk into the Temple holding a sheretz [impure lizard]. It simply means that the lightning I'm hit with [I'm being whimsical], isn't due to an intrinsic interaction between the lizard and the holiness; rather G-d sees that I am doing a lav [prohibition], and He strikes me down with a giant disembodied hand from heaven [I'm being whimsical].

There is a Midrash in Bamidbar Rabbah, [in which a gentile asks Rabbi Yochanan how the red heifer can cleanse from spiritual impurity, and] that Rabbi Yochanan gets rid of the gentile by saying that the red heifer is magic, pure and simple, hocus-pocus. He then says to his students that the dead do not defile and the ashes do not cleanse [i.e., he lied to the gentile; it is NOT magical]; [rather] it is all a "chok" [decree from G-d]. obviously, "chok" CANNOT mean that it is all a "magical" or spiritual phenomenon in the upper worlds or the like, because he just lied to the gentile and said it was davka [precisely] this! Instead, I'd interpret "chok" as meaning it is a practice with ethical or moral or symbolic significance to be impressed into our consciousness and to learn a lesson from, but no actual reality in the world.


See also Rabbi Shelomo Danziger describing Rav Hirsch's view of Kabbalah here and again here. Rabbi Danziger shows that Rav Hirsch stripped the mystical theurgy and theosophy from Kabbalah; Rabbi Danziger concludes there is "no doubt that what Rav Hirsch is offering is not mystical kabbalism but rational Rambam, pure and simple!"

So whether or not Rambam holds by the philosophy that Kellner sets forth, I personally find it a quite beautiful one for myself.

See also Maimonidean Rationalism: Part 2.

Midrash Aggadah: Its Method and Authority

What is the method by which Hazal derived Midrash Aggadah, and what sort of binding authority does it have on us?

First, its method: does midrash attempt to show the "true" meaning of the passage upon which it comments?

From "Maharal’s Be’er ha-Golah and His Revolution in Aggadic Scholarship", by Rabbi Chaim Eisen, in Hakira, volume 4, at http://www.hakirah.org/Vol%204%20Eisen.pdf:

Page 23, note 35: See also Moreh 3:43, p. 573, in which Rambam posits that aggadic expositions have “the status of poetical conceits; they are not meant to bring out the meaning of the text in question.” (His son, R. Avraham, employs a similar formulation; see n. 53, below.) He also refers derisively to those “ignoramuses” who think that such expositions are “the true meaning of the [biblical] text and that the Midrashim have the same status as the traditional legal decisions” (ibid.).

Page 33, note 53: R. Avraham, in categorizing the Sages’ “derashot ” (expositions), views many as “poetic devices, not that their sayer believed that the meaning of that verse was the meaning of that exposition, God forbid!” (s.v. “Ha-ḥelek ha-revi‘i, she-omer oto be-perush pesukim”).

So according to Rambam and his son, the aggadot do not attempt to bring out the "true" meanings of the texts.

In like vein, we may understand "Reading Midrash Aggada - Shiur #1: What is Midrash?", by Dr. Moshe Simon-Shoshan, at The Israel Koschitzky Virtual Beit Midrash of Yeshivat Har Etzion, at http://www.vbm-torah.org/archive/midrash69/01midrash.htm, brought to my attention by Rabbi(?) Joel Rich at Aishdas-Avodah's "[Avodah] What is Midrash?":
Underlying all of these rabbinic reading strategies is a common underlying assumption about the biblical texts, and perhaps texts in general, that is quite different from modern conventional wisdom. We tend to think of texts as containing specific meanings. The act of reading a text is then the process of decoding this meaning and revealing it to ourselves and others. The rabbis do not understand the process of reading the Bible in this way. For them the text contains only the potential for meaning. In their view, in reading the biblical text we actually generate meaning from out of the raw material that is the Bible. In principle any given verse can produce infinite meaning. Indeed, Chazal tend to seek as much meaning as possible from each and every verse. This does not of course mean that the biblical text may mean anything we want it to. Quite the contrary, only rabbis who are trained in the traditions and ways of Midrash know the proper way to “grow” the meaning of the text.


Now that we have established that this idea is not heretical, let us quote Rabbi Eliezer Berkovits and Professor G. F. Moore to the same effect, but in tremendously amplified form. (Neither Rabbi Berkovits, a very left-wing Modern Orthodox, nor Professor Moore, a Christian scholar, are exemplars of normative Orthodox Judaism, so I first brought Rambam and his son, and Yeshivat Har Etzion, in order to establish the credentials.)

Rabbi Berkovits in With God in Hell, chapter Chapter 9, "Now We Know", pp 140ff: Rabbi Berkovits first brings numerous verses (from the Tanach) and midrashim (from Chazal) debunking martial virtue; the true hero trusts in G-d for victory, and the true hero is a warrior of Torah and a victor over his yetzer hara; the sword belongs to Esav and Yaakov relies on prayer instead. But Rabbi Berkovits notes that a few passages do indeed exist that appear to extol martial virtue.
The rabbis in the Talmud developed these teachings [of deemphasizing warfare; Rav Berkovits has just quoted Samuel 2:4-9, 17:45-47; Psalms 44:7-8], in their unique midrashic-homiletical style, through the "interpretation" of appropriate passages in the Bible.

'Gird thy sword upon thy thigh, O mighty one, thy glory and thy majesty.' (Psalms 45:4)

The rabbis declared: the gibbor here, the mighty one, is the hero in the mastery of the knowledge of Torah. (Shabbat 63a) And the "sword," we assume, is the sharpness of his intellect, the ingenuity with which he is able to to prove the correctness of his teaching against all comers. IN this alone they could see the "glory" and the "majesty" of a Jew. Naive? Certainly not. The teachers of the Talmud knew well that "the plain meaning of a biblical verse must never be given up." But while they had unparalleled recall of the entire text of the Bible, they were not "Bible scholars" in the sense that we understand that term. They were teachers of Judaism. When they taught a biblical text in which the term gibbor, hero, occurred, their main concern was neither with the etymology of the word nor with its historic meaning, but with the association that the concept ought to call forth in the consciousness of the living Jew. For any person, the meaning of such a word as "hero" will be determined by by the culture in the midst of which it is uttered. Within Judaism, based on the Torah, the hero was the great master who dedicated his life to the teaching and transmission of the Torah from generation to generation.

...

[I]n light of the teaching [of non-martial virtue] they "reinterpreted" the plain meaning of the text. What is significant here is that though the "reinterpretation" was a new meaning imposed upon a much older text, it was nothing new in the comprehensive context of Judaism. This "reinterpretation" occurs in the following discussion: [Rabbi Berkovits summarizes the discussion of carrying a weapon on Shabbat.] ... Rabbi Eliezer responds with the words of the Psalmist quoted above, that the sword of the hero is his "glory" and "majesty." His colleagues are not impressed. The hero? He is the great teacher of Torah. This is obvious; who else could it mean? The sword? It has, of course, only symbolical meaning. In actual fact, Rabbi Eliezer is, of course, correct with regard to the specific text. The rabbis know that. And, indeed, during the discussion they quote the principle that the plain meaning of a biblical verse is not to be given up. Still, the opinion of the rabbis is accepted as valid, as the halakhically binding interpretation. The specific text mustsubmit to the "reinterpretation" demanded by the comprehensive ideology of Judaism. The plain meaning of the specific text stands; however, our concern here is not with text, but with Judaism, not with "Bible scholarship," but with the life of the Jew. Because for the Jew who lives Judaism, the "meaning" of the text is revealed ever anew as he reads it in the living spirit of the totality of the Torah. Thus the reinterpretation becomes quite natural and it is indeed the true statement. ... The task of reinterpretation is pursued consistently... [Rabbi Berkovits cites Bava Bathra 123a on Bereshit 48:22, reinterpreting sword and bow to mean prayer and plea; and Yalkut Shimoni on II Samuel 1: 27, interpreting gibbor to mean great in Torah and weapons to mean that tzadikim are our weapons] ... While the rabbis had great respect for the authority of the biblical text, they were not greatly interested in the historic personalities of a Saul or a Jonathan. What did matter to them was to teach the Jew what a Jewish ruler is supposed to be like. There was no intellectual dishonesty involved in this reinterpretation. The plain meaning of the words was sustained, but their message had to be read in the light of the totality of of hte teachings of the Torah, which rejected the idea that martial heroism was anything to be pursued, much less to be admired.

...

The totality of the Torah taught the rabbis to interpret the concept of might and of the mighty one in their own way. "Who is mighty? Who is a gibbor?" they asked and answered: "He who controls his impulses, for it is said: 'He who is slow to anger is better than a strong man; he who rules his spirit is better than one who conquers a city.'" (Proverbs 16:32, Avot 4:1)
Thus, Rabbi Berkovits concludes that
In such [midrashic] explanations, a text is used in varied interpretations as a means to convey an idea which is valid independently of the text and which is to be expressed and emphasized because of its validity.



In like vein is Professor G. F. Moore, "The Idea of Torah in Judaism", from The Menorah Treasury, ed. Leo W. Schwarz. Philadelphia: JPS, 1964. (Selections of essays from the Menorah Journal, a journal from 1915-1962.), also found at http://www.adath-shalom.ca/idea_torah.htm:
The Rabbinical Attitude Toward the Scriptures

...

The Scriptures were conceived not only to be as a whole a revelation from God, but to be such in every single word and phrase, and to be everywhere pregnant with religious meaning; for religion, by precept or example, is the sole content of revelation. This led, as it has done wherever similar opinions have been entertained, to a fractional method of interpretation which found regulation, instruction, and edification in words and phrases isolated from their context and combined by analogy with similar words and phrases in wholly different contexts, and to subtle deductions from peculiarities of expression. To a student indoctrinated in modern philological methods, the exegesis of the rabbis and the hermeneutic principles formulated from their practice and as a regulative for it often seem ingeniously perverse; but we must do them the justice to remember that not only their premises but also their end was entirely different from ours. We propose to ourselves to find out what the author meant, and what those whom he addressed understood from what he said; and to this end we not only interpret his words in their relation to the whole context and tenor of the writing in which they stand, but endeavor to reconstruct the historical context – the time, place, circumstance, and occasion of the utterance, its position in the religious development, and whatever else is necessary to put ourselves, so far as possible, in the situation of contemporaries. The aim of the rabbis, on the contrary, was to find out what God, the sole author of revelation, meant by those particular words, not in a particular moment and for particular persons, but for all men and all time. What they actually did was, speaking broadly, to interpret everything in Scripture in the sense of their own highest religious conceptions, derived from the Scriptures or developed beyond them in the progress of the intervening centuries. [Emphasis mine] Thus they not only deduced piles of halakhot from every tittle of the Torah, like Akiba, with a subtlety that was quite beyond Moses' comprehension and almost made him faint, but found everywhere in the enlightening truths and edifying lessons which they put into the text to take it out again. But that has always been the method of religious exegesis as distinguished from historical.


We clearly see that Rabbi Berkovits concurs with Moore; Chazal were not “Biblical scholars”, and so they were concerned with what the ever-renewing revelation had to say about Judaism, and not with what the text per se meant. And since their meaning was independently true in the overarching ethos of Judaism, irrespective of the text (Rabbi Berkovits), Chazal could read their meaning into the text in order to read it back out (Moore), and there is no intellectual dishonesty here (Rabbi Berkovits).

Thus, whenever Chazal engaged in midrashic exegesis (whether halachic or aggadic), they read their own needs and current life situations (halachah) and philosophies and ethical values (aggadah) into the verse, in order to take it back out again, (Moore); they read into the verse and then used the verse to prove what they had already read into it, and the meaning is true independent of the text (Rav Berkovits). Of course they would insist that they were discovering what the verse itself intends according to G-d's Intent. But in truth, as Moore here says, Chazal never aspired to objective academic interpretation, and as Rav Berkovits says, that they were not “Biblical scholars”; and so their own biases were read into the verses, whether intentionally or not. Chazal a priori assumed that their “highest religious conceptions” be contained in the Torah, and that the Torah's revelation contain the answer to every new life situation and need, and so they read the Torah with this expectation in mind, and they found what they were seeking, whether they intentionally did so or not.

It should be pointed out that Rabbi Berkovits's philosophy of the aggadah, is in fact really his philosophy of midrash - midrash HALAKHAH as well as midrash aggadah. What Rabbi Berkovits says about midrash aggadah, he really holds about midrash in general, i.e. midrash halakhah as well. For see well and behold, that Rav Berkovits's discussion of deemphasizing martial virtue, was carried forth according to him, not only in aggadah and hashkafic and philosophic realms, but even in halakhic ones - the halakhah of carrying a weapon on Shabbat was decided by reinterpreting a text and allegorizing away its apparent support for martial virtue! Rav Berkovits, following his teacher Rabbi Akiva Glasner, son of Rabbi Moshe Shmuel Glasner, is of the opinion that the halakhah used to be more fluid (like the aggadah still is today), and that before the halakhah was written down (and thus set into permanent, unalterable form), the halakhah had a more dynamic nature, capable of being altered in each generation according to new (exegetical or halakhic) opinions or new situations and conditions of life. It was only with the writing of the Oral Law, that the halakhah came to have the fixed form which we know today, unalterable even in the face of new opinions and conditions. However, discussion of this would bring us well off topic. Suffice it to say, for now, however, that Rabbi Dr. Isidore Epstein too holds by everything I just attributed to Rav Berkovits: Rabbi Dr. Isidore Epstein on Oral Law; see especially the last paragraph, s.v. "The sharp distinction which we find later between the significance of the two terms Halachaha and Haggadah [whereas previously the methods were the same] was the result of Talmudic development. The personal unity [that previously prevailed in midrashic method, between halachah and aggadah] came to an end. ..."

---------------------------------

Now, its authority: does someone have the permission to disagree with a Hazalic midrash?

Rabbi Samson Raphael Hirsch, following the Geonim and Rishonim says, most emphatically, "YES":

His teshuva on aggadah:
-- Original Hebrew: http://www.stevens.edu/golem/llevine/rsrh/hirschAgadaHebrew_ll.pdf
-- English translation: http://www.stevens.edu/golem/llevine/rsrh/hirschAgadaEnglish.pdf

(Special thanks must go to Rabbi Professor Yitzchok Levine for making these available. His website actually has an entire section devoted to Rav Hirsch, and there will be found a myriad of fantastic articles and excerpts. It is truly tragic that Rav Hirsch's letter on aggadah was excluded from Shemesh Marpeh, the collection of his letters and responsa. The reason was that this letter on aggadah was deemed "too controversial". But if a letter which follows the Gaonim and Rishonim whole cloth (as we shall see later) is "too controversial", then G-d help us.


Beyond any doubt, the the wisdom and mussor [ethical exhortation – M. M.] that Chazal – our Sages of the Mishnah and Talmud – presented us in their agadic [homiletic – M. M.] statements and in their midroshim [homilies – M. M.] are incalculably great and lofty. ...

...

Nevertheless, Chazal put up a wall between these statements and and halachic [legal – M. M.] ones when they transmitted a major principle to us: One does not derive Halacha from agadic statements (Talmud Yerushalmi, Peah 2:4), nor does one cite them as refutations [of halachic statements – M. M.], or seek to refute them [the aggadic statements – M. M.].

...[A]ll aggadic statements are not rooted in the transmission of from Sinai...they are rather the personal ideas of the maker of the individual statement. Even though any intelligent person...will surely yield to the opinion of any sage of Chazal...nevertheless this is not part of our obligation as Jews. A person whose reason leads him to differ with the reasoning of one of Chazal on any agadic topic is not considered an apostate or heretic...

[Rav Hirsch goes on to describe how many agadot are obscure and therefore subject to dispute as to their correct interpretation. All the more so then, one cannot be a heretic for denying one of them, nor can one use them to prove or refute a point, for one cannot be sure one's understanding is correct. The point is thus that even if a given agada is true per se, the dogmatic interpretation of it may very not be accurate.]

Consequently, it seems to me that we need not be wiser or more pious than the greatest of our early scholars. Let us follow in their footsteps, for whoever forgoes their words forgoes life. I refer to the G'onim Rav Sherira, Rav Hai, and Rabeinu Nisim. Following in their footsteps is Rabeinu Chananel, and, after them, Ritvo. Their statements are cited a number of times throughout Ein Ya'akov [a compilation of all the aggadot from the Talmud, with commentary, by Rabbi Yaakov ibn Habib and his son Rabbi Levi ibn Habib. – M. M.] by the Koseiv [its author, i.e. Rabbis Yaakov and Levi ibn Habib, who compiled the Ein Yaakov and wrote the commentary thereon – M. M.] (Talmud Bavli, Berochos 59; Bova Basra 73, 73.) All of them teach Jewry the principle that agadic statements are only opinions or estimations and we are to derive from them only whatever is confirmed by reason. Rabbi Shemuel HaNagid, in the Introduction to the Talmud printed in the first volume of every set of the Talmud, formulated this principle, “Agada is any commentary on any topic which is not a mitzvah [Biblical commandment – M. M.]. This is Agadah. And your are to learn from it only things that make sense.”

Since this is so, I think these facts should not be withheld from from pupils. On the contrary, it is our mitzvah-duty to tell them all this so that they should not think it is a major principle of our faith to to believe every exaggeration of the Agadah literally and consequently maintain that whoever thinks otherwise is to be considered a heretic, G-d forbid.


See also the dialogue between Rabbis Joseph Elias and Shelomo Danziger, at http://www.stevens.edu/golem/llevine/rsrh/RS%20Hirsch%20R%27Elias%20vs%20R%20Danziger%20JAction.pdf: Rabbi Danziger brings the complete words of the Geonim which Rav Hirsch, in his teshuva on aggadah, only briefly alludes to (quote from Rabbi Danziger, page 62):


[H]is [i.e. Rav Hirsch's] view of aggadah is based on the tradition of the Geonim, Rav Sherira Gaon and Rav Hai. These are (in very literal translation) the words of Rav Sherira Gaon (Otzar HaGeonim, HaPerushim, Hagigah, p. 60): "Rav Sherira Gaon, z"l, wrote in Megillas Setarim concerning the subject of the aggados: 'Those statements that are [homiletically] derived from scriptural verses and are called midrash and aggadah are subjective conjecture (umdana)...Therefore we do not rely on aggadah. And they (the Sages) have said: We do not learn from the aggados...And whichever of them (i.e. of the aggados) is correct (Heb. nachon), what is supported by reason and scripture, we accept; and there is no end or limit to aggados!'"

Rav Hai Gaon (ibid.): "Rav Hai was asked: What distinction is there between aggados that are written in the Talmud (the error of which we are obligated to to remove [through interpretation]) and aggados that are written outside the Talmud? He answered: Whatever has been fixed in the Talmud is clearer than what has not been fixed in it. Nevertheless, if the aggados that are written in it (i.e. in the Talmud) are not [logically] founded or are erroneous, the are not to be relied on, for there is a rule: We do not rely on aggados. However, whateveris fixed, the error of which we are obligated to remove [through interpretation], we should do so. For had it not possessed substance it would not have been fixed in the Talmud. If we find no way to remove its error [through interpretation], it becomes like unaccepted dicta. But in the case of what has not been fixed in the Talmud (i.e. non-Talmudic aggados found in the Midrashim) we do not need [to do] all this. If it (i.e. the aggadah) is correct and fine, then we discourse on it and teach it; otherwise, we pay not attention to it." (This is the basic source of Rabbi Shmuel haNagid's similar statement printed in his Mevo HaTalmud in the back of Messeches Berachos of the Vilna Shas).


And see Rabbi Shmuel haNagid, in his Mevo laTalmud in the back of Tractate Berachot, translated as “Introduction to the Talmud”, in the appendix to Aiding Talmud Study by Rabbi Aryeh Carmell (New York/Jerusalem: Feldheim, 1980). There, in 5:19, he says,
Aggada (Aramaic: Agad'ta): everything mentioned in the Gemara which is not directly connected with the halachic aspect of a commandment. One should learn from such statements only those things which our minds can grasp. It is important to know that all matters which our Sages established as law, in connection with a commandment transmitted by Moshe Rabbenu who received it from the Almighty, cannot be augmented or diminished in any way. However, the [aggadic] explanations they rendered of biblical verses were in accordance with their individual views and the ideas which occurred to them. We should learn from them insofar as our minds can grasp them; but otherwise we should not build upon them. [Since we have not succeeded in understanding the deeper meaning of their words, we should not attempt to use them as the basis of our thinking.]


And of course, who could forget the famous letter on aggadah, by Rabbi Avraham ben haRambam?
HTML: http://mattschneeweiss.googlepages.com/theaggadotofthetalmud
PDF: http://mattschneeweiss.googlepages.com/AggadotoftheTalmud.pdf
I must thank my friend Matt Schneeweiss at Kankan Chadash for making this letter of Rabbi Avraham ben haRambam available. And now, I'll have reciprocated the honor he gave me, when he cited me in his posting the elusive and rare letter of Rav Hirsch on aggadah. But for the record, the letter of Rav Hirsch is made available not by me, but by Professor Lawrence Levine, who posts a wide variety of Hirschian material.

And let us close with some poetic words of Rav J. H. Hertz's, the late Chief Rabbi of Britain, in his Foreword to the Soncino Talmud, Seder Nezikin, in an essay on the Talmud in general, available online at http://www.come-and-hear.com/talmud/nezikin_h.html:

Halacha and Aggadah

The Talmud itself classifies its component elements either as Halachah or Haggadah. Emanuel Deutsch describes the one as emanating from the brain, the other from the heart; the one prose, the other poetry; the one carrying with it all those mental faculties that manifest themselves in arguing, investigating, comparing, developing: the other springing from the realms of fancy, of imagination, feeling, humour:

Beautiful old stories,
Tales of angels, fairy legends,
Stilly histories of martyrs,
Festal songs and words of wisdom;
Hyperboles, most quaint it may be,
Yet replete with strength and fire
And faith-how they gleam,
And glow and glitter!


as Heine has it.

Halachah, as we have seen, means ‘the trodden path’, rule of life, religious guidance. To it belong all laws and regulations that bear upon Jewish conduct. These include the ritual, the civil, criminal, and ethical laws. Everything else is embraced under the term Haggadah; literally, ‘talk’, ‘that which is narrated’, ‘delivered in a discourse’. This again can he subdivided into various groups. We have dogmatical Haggadah, treating of God’s attributes and providence, creation, revelation, Messianic times, and the Hereafter. The historical Haggadah brings traditions and legends concerning the heroes and events in national or universal history, from Adam to Alexander of Macedon, Titus and Hadrian. It is legend pure and simple. Its aim is not so much to give the facts concerning the righteous and unrighteous makers of history, as the moral that may be pointed from the tales that adorn their honour or dishonour. That some of the folklore element in the Haggadah, some of the customs depicted or obiter dicta reported. are repugnant to Western taste need not be denied. ‘The greatest fault to be found with those who wrote down such passages, says Schechter, ‘is that they did not observe the wise rule of Dr. Johnson, who said to Boswell on a certain occasion, “Let us get serious, for there comes a fool”. And the fools unfortunately did come, in the shape of certain Jewish commentators and Christian controversialists, who took as serious things which were only the expression of a momentary impulse, or represented the opinion of some isolated individual, or were meant simply as a piece of humorous by-play, calculated to enliven the interest of a languid audience.’ In spite of the fact that the Haggadah contains parables of infinite beauty and enshrines sayings of eternal worth, it must be remembered that the Haggadah consists of mere individual utterances that possess no general and binding authority. [Emphasis mine]


I have always found Professor Marc B. Shapiro's writings to be incredibly timely, always discussing something which either I have thought about, or which I will begin to ponder as soon as he raises the issue. Indeed, in "Thoughts on Confrontation & Sundry Matters Part I" at http://seforim.traditiononline.org/index.cfm/2009/1/28/Marc-B-Shapiro-Thoughts-on-Confrontation--Sundry-Matters-Part-, Professor Shapiro writes the following:

With regard to 'fallen angels", and the cross-cultural influence on Judaism, Rabbi Leo Jung's volume on the topic was long the classic treatment.[30] He deals with all sorts of folklore in the aggadic literature, much which has its origin in non-Jewish sources.[31] While today, this sort of book would be excommunicated in certain circles, even years ago Jung was sensitive to the implications of what he was writing. He therefore included at the beginning of the book some pages about the authority of the aggadah. This is quite interesting, since one does not expect to find such a discussion in an academic work.[32]

[30] Fallen Angels in Jewish, Christian, and Mohammedan Literature (Philadelphia, 1926). A few years ago Annette Yoshiko Reed also published a significant book on this theme, Fallen Angels and the History of Judaism and Christianity: The Reception of Enochic Literature (Cambridge, 2005).
[31] For those interested in further examples of folklore in Aggadah, see Daniel Sperber, Magic and Folklore in Rabbinic Literature (Ramat Gan, 1994). Nosson Slifkin's book Sacred Monsters is also quite valuable, as is Meir Bar-Ilan's article on the same topic, "Yetzurim Dimyoniyim be-Aggadah ha-Yehudit ha-Atikah," Mahanayim 7 (1994), pp. 104-113, available here.
[32] The entire volume had earlier appeared in installments in the Jewish Quarterly Review.


He [R' Jung] notes that the purpose of Aggadah is not history, but

to amuse, to cheer up, to let the people forget their present suffering by either leading them back to the glorious past or by painting in bright colors the fullness of times when there will be no enemy, no slander, no prejudice. There is no trace of a definite method, of any endeavor to weave these stories into a dogmatic texture, the Haggadah containing all that had occupied the popular mind, what they had heard in the beth hammidrash, or at a social gathering. Stories contradicting each other, theories incompatible with one another, are very frequent. They are recorded as the fruits of Israel's genius. They have no authority, they form no part of Jewish religious belief. Nor may they be taken literally: it is always the idea, the lesson, and not the story, which is important. It is wrong to say that the Haggadah contains the doctrines of the Rabbis, or that only orthodox views have been admitted to the exclusion of all the rest (pp. 3-4).


Jung continues by citing the classic sources in this regard, namely, R. Sherira Gaon, R. Samuel ha-Nagid, and of course, R. Abraham ben Maimonides. He also cites R. David Zvi Hoffmann, "recognized as the greatest rabbinical authority of our age" (p. 4), who in his introduction to his commentary to Leviticus states that there is no obligation to accept Aggadah. Jung concludes:

It is very important to remember that there is no such thing as a systematic Jewish Theology. Even a system of fundamental points of creed did not grow up before the times of the Karaites and then was evolved through the necessity of defending Judaism. Maimonides endeavored to condense Judaism into thirteen principles of faith, but, as Crescas rightly contends, they are both too many and too few. The Haggadah, while preaching the beauty of holy life, does not give us law of belief and practice; the religious conduct of the Jew is regulated entirely by the Halakha (pp. 6-7).


The status of Aggadah has been raised so much in recent centuries that people today are often unaware of the attitude towards Aggadah of some geonim and rishonim, in how they were prepared to reject aggadot that didn't appeal to them. Thus, they will be surprised to read what Jung writes. For similar sentiments from another Orthodox leader, let me quote from Chief Rabbi Joseph Hertz, in his Foreword to the Soncino Talmud (in words that today would land him in herem):

We have dogmatical Haggadah, treating of God's attributes and providence, creation, revelation, Messianic times, and the Hereafter. The historical Haggadah brings traditions and legends concerning the heroes and events in national or universal history, from Adam to Alexander of Macedon, Titus and Hadrian. It is legend pure and simple. Its aim is not so much to give the facts concerning the righteous and unrighteous makers of history, as the moral that may be pointed from the tales that adorn their honour or dishonour. That some of the folklore elements in the Haggadah, some of the customs depicted or obiter dicta reported, are repugnant to Western taste need not be denied. "The great fault to be found with those who wrote down such passages," says Schechter, "is that they did not observe the wise rule of Dr. Johnson who said to Boswell on a certain occasion, 'Let us get serious, for there comes a fool.' And the fools unfortunately did come, in the shape of certain Jewish commentators [!] and Christian controversialists, who took as serious things which were only the expression of a momentary impulse, or represented the opinion of some isolated individual, or were meant simply as a piece of humorous by-play, calculated to enliven the interest of a languid audience." In spite of the fact that the Haggadah contains parables of infinite beauty and enshrines sayings of eternal worth, it must be remembered that the Haggadah consists of mere individual utterances that possess no general and binding authority.


---------------------------------

By now, the point will have been proven. The Gaonim and Rishonim, as well as Rabbis Hirsch, Hertz, and Jung, all agreed that aggadot are not dogma.

But of course, it is well known that today, in Haredi Judaism, precisely such dogmatic belief is considered a basic axiom of Orthodox Jewish belief. If the Gaonim and Rishonim all held that such dogmatic belief is not necessary, then how can Haredi Judaism differ? The answer is that Haredism is following the Maharal, as shown in "Maharal’s Be’er ha-Golah and His Revolution in Aggadic Scholarship", by Rabbi Chaim Eisen, in Hakira, volume 4, at http://www.hakirah.org/Vol%204%20Eisen.pdf.

Let us quote from that article, some more passages of the Gaonim and Rishonim, as if the point were not proven. I said to Professor Marc B. Shapiro that
...[Y]our articles have the habit of inserting apparently unrelated material, just because you cannot resist mentioning one more obscure source. I recall one of your articles actually saying "I cannot resist", prior to your mentioning one more source. Your articles seem like massive streams of consciousness in which you unleash a torrent of sources, and you go out of your way to look for pretexts to cite one more. When I read your articles, I feel like I'm reading what I would write, were I to know only ten-thousand times as much as I already do.

and Professor Shapiro confirmed my analysis of him. So in honor of Professor Shapiro, let us use this pretext to cite some more quotes:

But first, let us quote again Rabbi Danziger's quotation of the Gaonim, just to refresh our memories:

[H]is [i.e. Rav Hirsch's] view of aggadah is based on the tradition of the Geonim, Rav Sherira Gaon and Rav Hai. These are (in very literal translation) the words of Rav Sherira Gaon (Otzar HaGeonim, HaPerushim, Hagigah, p. 60): "Rav Sherira Gaon, z"l, wrote in Megillas Setarim concerning the subject of the aggados: 'Those statements that are [homiletically] derived from scriptural verses and are called midrash and aggadah are subjective conjecture (umdana)...Therefore we do not rely on aggadah. And they (the Sages) have said: We do not learn from the aggados...And whichever of them (i.e. of the aggados) is correct (Heb. nachon), what is supported by reason and scripture, we accept; and there is no end or limi to aggados!'"

Rav Hai Gaon (ibid.): "Rav Hai was asked: What distinction is there between aggados that are written in the Talmud (the error of which we are obligated to to remove [through interpretation]) and aggados that are written outside the Talmud? He answered: Whatever has been fixed in the Talmud is clearer than what has not been fixed in it. Nevertheless, if the aggados that are written in it (i.e. in the Talmud) are not [logically] founded or are erroneous, the are not to be relied on, for there is a rule: We do not rely on aggados. However, whateveris fixed, the error of which we are obligated to remove [through interpretation], we should do so. For had it not possessed substance it would not have been fixed in the Talmud. If we find no way to remove its error [through interpretation], it becomes like unaccepted dicta. But in the case of what has not been fixed in the Talmud (i.e. non-Talmudic aggados found in the Midrashim) we do not need [to do] all this. If it (i.e. the aggadah) is correct and fine, then we discourse on it and teach it; otherwise, we pay not attention to it." (This is the basic source of Rabbi Shmuel haNagid's similar statement printed in his Mevo HaTalmud in the back of Messeches Berachos of the Vilna Shas).


Back to Rabbi Eisen's article on the Maharal:

The entirety of footnote 35 of Rabbi Eisen's article on Maharal (op. cit.) is worth bringing here:
See also Moreh 3:43, p. 573, in which Rambam posits that aggadic expositions have “the status of poetical conceits; they are not meant to bring out the meaning of the text in question.” (His son, R. Avraham, employs a similar formulation; see n. 53, below.) He also refers derisively to those “ignoramuses” who think that such expositions are “the true meaning of the [biblical] text and that the Midrashim have the same status as the traditional legal decisions” (ibid.). He emphasizes this disparity — and the lack of a binding tradition underlying the former — at the end of his Mishneh Torah as well, in warning against a preoccupation with eschatology: “The Sages have no received tradition in these matters except [as they deduce] based upon the [Scriptural] verses, and they therefore have disputes in these matters. And in any case, neither these matters’ order of actualization nor their details are a dogma of the religion. And a person should never occupy oneself with words of the haggadot nor prolong [engagement] in the midrashot that are stated in these issues and the like nor consider them fundamental. For they engender neither reverence nor love [of God]” (Hilkhot Melakhim 12:2). He further elaborated on this divergence in a responsum, regarding “words of Aggadah”: “Are they words of tradition or rational arguments? Rather, everyone ponders their meaning, according to what appears to him in it, and it contains neither words of tradition nor [instruction concerning] what is forbidden or permitted nor any of the laws” (Teshuvot ha-Rambam, ed. Yehoshua Blau [Jerusalem, 1958-61], II, 739 [Response 458, to R. Pineḥas ha-Dayyan]; also in Iggerot ha-Rambam, ed. Itzhak Shailat [Jerusalem, 1995], II, 461). See also n. 58, below, regarding the differentiation between halakhic and nonhalakhic literature.

Moreover, stressing the distinction between practical Halakhah and the nonlegal domain of Aggadah, Rambam echoes almost verbatim R. Shemu’el ha-Naggid’s observation (in the latter’s Mevo ha-Talmud, s.v. “Ve-Teyuvta”; see n. 48, below): “[In] any dispute among the Sages that does not lead to deed but pertains only to believing something, there is no basis for ruling Halakhah like one [side] among them” (commentary on Mishnah Sanhedrin 10:3; see also his commentary on Mishnah Shevu‘ot 1:4 and Sefer ha-Miẓvot, “Miẓvot Lo Ta‘aseh,” Miẓvah 133; R. Ya‘akov ibn Ḥaviv also cites this position in Rambam’s name, in R. Ya‘akov’s Ha-Kotev commentary on his Ein Ya‘akov, Megillah 2b, § 1). In addition, in the aforementioned responsum, he also reaffirmed a principle previously articulated by the ge’onim R. Sa‘adyah, R. Sherira, and R. Hai, as well as R. Avraham ibn Ezra (see nn. 42-43 and 51, below), “One does not raise difficulties in Haggadah.” He quotes this statement in the Moreh, in anticipation of subtle logical inconsistencies “in the Midrashim and the Haggadah” that may elude satisfactory resolution (Moreh, “Introduction,” p. 20). Furthermore, in the same responsum, he explicitly ascribed this assessment to all words of Aggadah and Midrash, “whether they are written in the Talmud or written in books of Midrash or written in books of Aggadah.” (Regarding this ruling, see also R. Sa‘adyah Ga’on’s tacit equation, in R. Yehudah ben Barzilai of Barcelona’s commentary on Sefer ha-Yeẓirah, of “haggadot that exist in the Talmud and elsewhere,” quoted in n. 42, below. Ramban implicitly adopts this approach as well, in his Ma’amar ha-Vikuaḥ, cited in n. 59, below. Compare R. Hai Ga’on’s statement, in R. Avraham ben Yiẓḥak of Narbonne’s Sefer ha-Eshkol, “that all that is fixed in the Talmud is more clarified than that which is not fixed in it,” quoted in the text and n. 46, below.)

Thus, Rambam felt empowered to write, in his famous epistle against astrology to the scholars of Montpellier (commonly but erroneously labeled as an epistle to the scholars of Marseilles), “I know it is possible that you will seek and find words of individuals from among the scholars of truth, our Rabbis, peace be upon them, in the Talmud and in the Mishnah and in the Midrashot, that indicate that at the time of a person’s birth the stars caused such and such. This should not be difficult in your eyes; for it is improper that we should abandon operative Halakhah and go about [seeking] objections and resolutions.

And likewise, it is inappropriate for a person to abandon words of sense, whose proofs have already been verified, and empty one’s hands of them, and rely upon the words of a [solitary] individual from among the Sages, peace be upon them, when it is possible that something was overlooked by him at that time or that those words contain an allusion or [that] he said them at the moment [based upon] an incident that took place” (Iggerot ha-Rambam, II, 488). He expressed the same approach in his responsum regarding free will: “And anyone who abandons the matters that we explained, which are constructed upon foundations of the world, and goes and searches in a haggadah or in a midrash or in the words of one of the ge’onim of blessed memory, until he finds a word through whose plain meaning he will refute our words, which are words of sense and understanding — is but knowingly committing suicide [lit. destroying himself]. And it is sufficient [punishment] for him what he does [thereby] to his own soul” (Teshuvot ha-Rambam, II, 715-16 [Response 436, to Ovadyah the proselyte]; also in Iggerot ha- Rambam, I, 236-37). Rambam did affirm in the following passage (loc. cit.) that the Sages’ words, properly understood on a deeper level, in fact pose no contradiction to his position. Nevertheless, he clearly did not regard himself as necessarily beholden to their nonhalakhic statements. All these sources reaffirm our conclusion that Rambam does not accord to Aggadah in general the status of dogma.


On pages 18 and 22f respectively, Rabbi Eisen says,
[Quoting Rambam] "If ... a perfect man of [intellectual] virtue should engage in speculation on [those expositions and] … take[s] the speeches in question in their external sense and, in so doing, think[s] ill of their author and regard[s] him as an ignoramus — in this there is nothing that would upset the foundations of belief." - Moreh, “Introduction to the First Part,” p. 10. ... Note by comparison that an analogous scorn for the words of the prophets obviously would “upset the foundations of belief,” given the foundational status Rambam accords to belief in prophecy.

While Rambam certainly relegates wholesale rejection of Aggadah to the former category [of fools] — even branding those who uphold it accursed” for having misjudged the Sages — he apparently does not ascribe it to the latter [category of those who lose their portion in the community of Israel and in Olam haBa]. ... Rambam clearly does not accord to Aggadah in general the status of dogma.


On page 27, Rabbi Eisen says,
Rambam’s thesis presumes the nondogmatic standing of aggadic statements. We must concede that this position, however ostensibly shocking to us, is veritably axiomatic to the ge’onim and rishonim. From R. Sa‘adyah Ga’on, who asserts, “One neither relies upon nor cites as proof any of the words of Aggadah,” it is virtually ubiquitous. R. Sherira Ga’on reiterates the same principle, with greater elaboration.


And footnote 44, regarding on the of the Gaonim, Rabbi Shmuel ben Hofni:
...quoting "Rabbi Shemu’el ben Ḥofni Ga’on," that "if the words of the ancient [Sages] contradict the intellect, we are not obliged to accept them."

...

[And Rabbi Shmuel ben Hofni Gaon himself said] "And it is impossible for us to believe in the veracity of a matter for whose negation there are corroborations, only because some of the ancient [Sages] said it. Indeed, it is necessary that we contemplate the matter with our intellect. If a proof may be found for its veracity, we shall accept it. If there comes corroboration for its possibility, we shall believe in it as something possible. And if it is found to be impossible, we shall regard it as impossible" (Perush ha-Torah le-Rabbi Shemu’el ben Ḥofni, ed. Aaron Greenbaum [Jerusalem, 1979], p. 520). ... The specific context of R. Shemu’el’s remarks is his implicit rejection of the aggadot concerning Mosheh’s birth that appear variously in Sotah 12b, Sanhedrin 101b, Ex. Rabbah 1:18 and 1:24, Tanḥuma Va-
Yakhel 4, and Pirkei de-Rabbi Eli‘ezer 48.

...

In particular, R. Shemu’el ben Ḥofni’s Introduction to Knowledge of the Mishnah and the Talmud is the source of the famous definition of Aggadah that appears in R. Shemu’el ha-Naggid’s Mevo ha-Talmud, s.v. "Ve-Haggadah": "Aggadah is every explanation that comes in the Talmud regarding any matter that is not a miẓvah. This is Aggadah; and you should learn from it only what arises in the mind.… What [the Sages] interpreted in [Scriptural] verses is [for] each one according to what occurred to him and what he saw in his mind. And according to what arises in the mind from these interpretations, one learns it; and one does not rely upon the rest.


And page 30 and footnote 46 thereon:
Furthermore, while R. Hai [unlike some other Gaonim and Rishonim] distinguishes "the Aggadah and the Midrash that are written in the Talmud" from "that which is not," he affirms the nonbinding nature of Aggadah regardless, so even recondite talmudic aggadot may operatively be ignored.

...quoting "Mar Rabbi Hai," that "one should not rely upon Aggadah and Midrash, even though they are written in the Talmud, if they are unattuned or erroneous. For our principle is: One does not rely upon the Aggadah. Rather, what is fixed in the Talmud, [in] which we find [the means] to remove its error and reinforce it — we should do so; for, if it had no basis, it would not have been fixed in the Talmud. And what we do not find a way to clear of its error — becomes like matters that [do] not [accord with the] Halakhah. [With] what is not fixed in the Talmud, we need not [do even] this much. Rather, one ponders it; if it is correct and becoming, one expounds it and teaches it; and, if not, we pay it no attention."

...quoting "Rabbi Hai Ga’on," commenting "that words of Aggadah are not like a tradition; rather, everyone expounds what arises in his heart — like ‘it is possible’ and ‘one may say’ — not a decisive statement. Therefore, one does not rely upon them."


And footnote 48,
See R. Shemu’el ha-Naggid (993-1055/6), Mevo ha-Talmud, s.v. "Ve-Haggadah." Based upon R. Shemu’el ben Ḥofni’s Introduction to Knowledge of the Mishnah and the Talmud (see n. 44, above), R. Shemu’el ha-Naggid defines Aggadah as "every explanation that comes in the Talmud regarding any matter that is not a miẓvah. This is Aggadah; and you should learn from it only what arises in the mind.… What [the Sages] interpreted in [Scriptural] verses is [for] each one according to what occurred to him and what he saw in his mind. And according to what arises in the mind from these interpretations, one learns it; and one does not rely upon the rest." In addition, see ibid., s.v. "Ve-Teyuvta," where R. Shemu’el concludes, "[In] any dispute in which the dispute did not mandate a deed but rather an idea alone, we shall not circumscribe the Halakhah in it like so and so [i.e., one side]."


And footnote 50,
See R. Yehudah ha-Levi, Sefer ha-Kuzari 3:73 (end). R. Yehudah ha-Levi concedes that there are talmudic statements he cannot adequately explain, which should be regarded as "mundane chat of the Sages" (Sukkah 21b and Avodah Zarah 19b) — qualifying, however, that "all this is only in matters in which there are no [halakhic ramifications regarding what is] permitted and forbidden."


And footnote 53,
In addition, like his father [the Rambam], R. Avraham [ben haRambam] concludes that expositions "that do not pertain to any of the principles of belief or laws of the Torah are not [based upon] a tradition in the hands [of the Sages]. Rather, there are those [stated] according to the mind’s determination, and there are those that are appropriate and acceptable in the manner of poetic devices".


And footnote 54,
See R. Yeḥi’el ben Yosef of Paris (d. ca. 1265), Sefer ha-Vikuaḥ. In the disputation of Paris with the apostate Nicholas Donin (in 1240), R. Yeḥi’el distinguishes between "Talmud," referring to halakhic instruction, in which he believes unreservedly, and "words of Aggadah, to draw the heart of man," regarding which he declares, "If you desire — believe them; and if you do not desire — do not believe them, for no law is determined based upon them." We should stress that he appends to this statement his conviction "that the Sages of the Talmud wrote nothing that was not honest and true; [their words] are exalted and wondrous to their hearers." Again, an earnest affirmation of the greatness of Aggadah does not correlate with an insistence upon its doctrinal significance.


And the text on pp. 34ff,
Especially germane is Ramban’s ruling at the disputation of Barcelona, regarding all nonhalakhic midrashic literature, echoing R. Yeḥi’el [in footnote 54] almost verbatim: "[If] one believes in it — good; and [if ] one does not believe in it — this will not harm [him]." Clearly, he denies this corpus canonical ranking


And footnote 55,
See Ramban, Ḥiddushim on Yevamot 61b, s.v. “Ein Betulah,” and his commentary on Ex. 12:40 and 12:42, in all of which he [Ramban] dismisses the historicity of Seder Olam as nonbinding.


And footnote 61, quoting the Abarbanel,
"It is thus explained to you that there come...[aggadic] matters that one is not obliged to believe, inasmuch as they are from one of these types [viz. aggadah]. ... It is not [possible] to examine their words except according to the matter of the exposition — whether it is correct or not. And thus, one who does not believe their words not only will not be a denier of any root or premise [of belief] but will not [even] be held in the class of one who disputes words of the Sages."


Further in footnote 61, Abarbanel is shown to have the strongest opposition to the non-dogmatic notion of aggadot so far propounded by the Gaonim and Rishonim, and this opposition is far from itself dogmatic. Read the following as the strongest Rishonic opposition to denying the dogmatic truth of a given midrash:
Granted, after citing Ramban as an exemplar of this position [of denying the aggadot dogmatic nature], Abarbanel states, "In my eyes, this [denying the status of dogma to aggadot] is an unpaved path." However, his objections are essentially tactical: Given the greatness of the Sages, denying any of their words is liable to lead to a "loosening of the belt, to dispute words of the Sages" in general, and, as a result, "the name of Heaven will be profaned" (ibid.). This appears to be more a practical mandate than a substantive one. ... [H]is conclusion is far from adamant: "In the end, it is appropriate that one who says ‘I am for God’ and is called by the name of Yisra’el should accept the words of our Sages" (ibid., p. 17b). This is a far cry from the sort of categorical imperative one would expect for dogma.


Beginning on page 39, the author returns to his original subject of why he brought all these Gaonim and Rishonim: the Maharal's unprecedented innovation that the aggadot have dogmatic doctrinal status, whose denial is heretical. Haredism follows this today, but this is one more case in which the Haredim are the most guilty violators of "hadash assur min haTorah".

Maharal takes a few steps to achieve this unprecedented innovation (Eisen, pp. 40f):
1) He questions whether the Gaonim really wrote these words in the first place!
2) He questions whether "umdena" really means "subjective conjecture". He proposes that "umdena" rather means "mandated by rational argument". In other words, the aggadot, being "umdena", are not only necessitated by Scriptural exegesis, but also by rational argument. Thus, the aggadot are even stronger by virtue of being "umdena", than if they were not "umdena".
3) The Gaonim and Rishonim explicitly said that aggadot per se, are not binding on us, and that we can even reject them. Moreover, we cannot learn halacha from them, because they aren't obligatory, and one can deny a given aggadah as being binding. But Maharal dramatically reinterprets this to mean: not that the aggadah per se can be rejected, but that only its literal meaning can be rejected. So the aggadah is binding and obligatory, once interpreted allegorically, beyond its simple straightforward meaning. Now, surely the Gaonim and Rishonim would agree that midrashim and aggadot must be read with care, and not taken as the simple truth. But they said far more than this; they said that even a given midrash or aggadah's status per se is not binding, whatever its interpretation be. It is this which the Maharal rejects, without precedent.

Finally, Rabbi Eisen says (Eisen, p. 41),
"But," he [Maharal] concludes, "one who says that the aggadot are not words of Torah like the rest of the Torah that was said at Sinai has no share in the World to Come. ... All words of Aggadah are the wisdom of the Torah." This is an extraordinary statement. Given the foregoing, we must concede that the gamut of the ge’onim and rishonim listed above would dispute Maharal’s explications of both not relying on Aggadah and not learning Halakhah from it. Moreover, even among [Ashkenazi] advocates of literalism [i.e. taking the aggadot literally, and not seeking deeper allegorical meanings, based on rational reasoning; Rabbi Eisein has discussed them previously], Maharal’s severity seems sharply divergent from earlier sources. To the best of my knowledge, no one before him ascribed to aggadot per se [emphasis mine - M. M.] the status of dogma to an extent that would equate their disavowal with forfeiture of everlasting life." [In other words: even the Ashkenazi literalists did not say that denying an aggadah per se was heretical; they only questioned taking an aggadah non-literally, since Ashkenaz was philosophically primitive, and they decried the Gaonims' and Sefardi Rishonims' allegorizing the aggadot to fit with what reason dictates.]


Rabbi Eisen notes (p. 43) that Maharal perhaps has ONE precedent:
Ran states, in the alternative version of Derush 5, "As we were commanded to follow the consensus [of the Sages] in the laws of the Torah, so we were commanded to [follow] everything they say to us from the aspect of tradition [Heb. al ẓad hakabbalah], from among ideas and midrashim of [Scriptural] verses, whether that statement is a miẓvah or not. A Jew who deviates from their words — even in that which does not pertain to explaining miẓvot — is a heretic [Heb. appikoros] and has no share toward the World to Come."

Ran has astonishly extended the dogma from matters of halakhah (in which all the Gaonim and Rishonim agreed that dogma applies) - "whether that statement is a miẓvah or not" and "even in that which does not pertain to explaining miẓvot" - even to matters of aggadah! But crucially, Rabbi Eisen notes,
Specifically, however inclusive the statement may be, it still limits its scope to "everything they say to us from the aspect of tradition." This inescapably self-referential qualification remains, withal, a veritable tautology. ...It therefore pertains to both halakhic and nonhalakhic domains that are "from the aspect of tradition." But the very stipulation of the condition (irrespective of its precise definition) surely presumes that not everything the Sages said is included. Herein lies the uniqueness of Maharal’s statement: It is completely unqualified. If "one who says that the aggadot are not words of Torah like the rest of the Torah that was said at Sinai has no share in the World to Come," then belief in Aggadah qua Aggadah has become a foundational premise itself. That assertion, we believe, is fundamentally without precedent.


And finally, on page 42, Rabbi Eisen submits,
That so much of later Jewish thought accepted Maharal’s views on these topics as axiomatic testifies to the enduring scope of his revolution in addressing aggadic literature. [Footnote on axiomatic:] See, for example, R. Avraham Yeshayahu Karelitz, Koveẓ Iggerot Ḥazon Ish, I, 15. R. Karelitz deems "casting doubt regarding the words of our Sages of blessed memory, either in Halakhah or in Aggadah," tantamount to "blasphemy" and considers one "tending toward" this view "like an apostate [Heb. kofer]." I am unaware of any precedent — before Maharal’s aforementioned assessment — that would justify applying this judgment to all aggadot without qualification. I respectfully reiterate that this position seems irreconcilable with that of all the ge’onim and rishonim cited above.

Rabbi Dr. Isidore Epstein on the Oral Law

Rabbi Isidore Epstein, Foreword to the Soncino Midrash Rabbah.

The foreword is too long to quote it all here; see it inside. However, I will summarize its flow, and quote the most relevant passages. It will be seen that his philosophy is, at least inchoately, comparable to that of Rabbis Glasner and Berkovits and the like.

Pp.ix-xi – The Midrashic method began after the exile, with Ezra, in order to bridge the formal text and traditions with the new situations of life. “For these spiritual guides of Israel it was inconceivable that the sense of the Torah of God might be in conflict with the fundamental conditions of Jewish life. They were intended as containers ever to be filled with the wine of good, new vintage. Has not after all 'Every word of the Scripture “seventy aspects”'? (Shivim panim latorah – Otiot d'Rabbi Akiva.) These 'aspects' were latent; and as generation after generation found expression for some or other of these aspects, they "revelation"ed again and anew the Torah which Moses received on Sinai. Midrash was an effort to “bring the formal truth [of the Written Torah] in line with the organic truth [of new conditions of life]” (page xxii).

P. xi – For several centuries, midrash continued, and “[t]here was as yet no reasons for the rift between Halachah and Haggadah that developed, as we shall see, in the course of the Talmudic period and which eventually led Midrash to become an independent branch of Rabbinic literature; and during the whole of the post-scriptural and pre-talmudic period the teaching both of Halachah and Haggadah was conducted in Midrash-form.” Page xv continues that line of thought, and notes, “The fact that Midrashic method in the Soferic and pre-Talmudic period found no difficulty in following the Scriptures verse by verse regardless of whether their character was Halachic or Haggadic proves that in all respects harmony and equality between Halachic and Haggadic exposition reigned. The teachers were the same, and the form of teaching was the same.”

Pp xii-xiii: Midrash adapts existing laws to new situations – he brings Sotah 7:2 expounding on Devarim 20:3, offering a running commentary on the meaning of that law, and providing for new exigencies. He says, “Here we have one of the earliest typical examples of a Midrashic exposition of the Torah. The interpretation seems to adapt the law of the Torah to a new situation which had not been provided for in the text.”

P. xiv - “This Halachic Midrash exemplifies more clearly than any Haggadic Midrash could do the formal and material differences of Midrash and Mishna.” While midrash is based on textual exegesis, and relies on that text for authority, mishnah teaches the halachah without any reliance on a prior text. But how did the mishnah method come to supersede the midrash method, in halakhah? “The final victory of the Mishnah-form with its logical sequence, the Halachic Gemara, bore witness to the determination of the learned of Israel to build up an unalterable system of directives. There was now no question any longer of a bridge between past and present [i.e. reinterpreting and adapting the old texts with new interpretations, as midrash allowed – M. M.]. Mishnah and Gemara were meant to be a fortress able to offer resistance to any enemy possessing even the most dangerous weapons, from the Sadduceans down to the Karaites, their latter-day spiritual descendants. [So Mishnah and Gemara served to concretize the halacha, and lend them permanent, unalterable form. - M. M.]”

We will notice a parallel to Rabbi Moshe Shmuel Glasner's theory: according to him, the Oral Law was committed to writing, though it put an end to its flexibility, in order to prepare for galut, for when Torah would be forgotten and syncretically influenced by foreign influences, due to the vicissitudes of the coming times. Rabbi Epstein says similarly, except in his theory, it was not the writing of the Oral Law, but rather its transition from midrashic to mishnaic method, that was motivated by these vicissitudes, and that caused the revolutionary fixed nature of halachah (in contrast to its previous flexible and adaptive nature). But both agree that previously, halachah freely developed based on the midrashic method, as much as if it were aggadic, until the Mishnaic/Talmudic period; they disagree only on what about the Mishna/Talmud caused this difference, viz. whether it is the written nature (Rabbi Glasner) or the non-midrashic nature (Rabbi Epstein).

Indeed, page xv continues: “The sharp distinction which we find later between the significance of the two terms Halachaha and Haggadah [whereas previously the methods were the same – see page xiv above] was the result of Talmudic development. The personal unity [that previously prevailed in midrashic method, between halachah and aggadah] came to an end. ... Mishnah supplemented by Gemara took more and more the form of categorical pronouncements on the religious law, and the discussion and application of its details. The characteristic Mishnaic form was the formulation of a decision which closed a debate. In many cases the Gemara reopens the debate, but only in order to close it again as categorically as the Mishnah did, though often on a different plane, embodying adaptations which the process of time had rendered necessary. These adaptations were adopted only after prolonged arguments between conflicting schools representing in many cases the forces of cautious conservatism on the one hand , and impatient progress on the other. More often the decision lagged behind the times, changed being barred by definitive Mishnaic law and precedent. The Haggadah, however, in so far as it did not serve only to justify an a posteriori Talmudic decision already fixed, and as such unalterable, retained, especially in the Midrashim, its old freedom and its full potentialities. ... The abandonment by the Halachah of the Midrash-form...”

Compare this to Rabbi Glasner's philosophy:
HTML: http://www.math.psu.edu/glasner/Dor4/elman.html
PDF: http://www.math.psu.edu/glasner/Dor4/dorrevii_elman.pdf

Thursday, January 29, 2009

Glatt Kosher? Glatt yoshor! - Some technical discussion

I studied Shemonah Perakim a few months ago, so let me give some random thoughts.

An analysis of the Shemonah Perakim by Professor Lawrence Kaplan.
http://www.edah.org/backend/coldfusion/search/document.cfm?title=An%20Introduction%20To%20Maimonides%C2%92%20%C2%93Eight%20Chapters%C2%94&hyperlink=Kaplan1%2Ehtml&type=JournalArticle&category=Major%20Religious%20Thinkers%20Past%20and%20Present&authortitle=Dr&firstname=Lawrence&lastname=Kaplan&pubsource=The%20Edah%20Journal%202%3A2&authorid=256&pdfattachment=kaplan2%5F2%2Epdf

His central thesis is that Rambam's goal was to create a virtue ethic in which obedience to the Law has its value, but that obedience is nevertheless subordinate to virtue. Within virtue, moral virtue is subordinate to rational virtue.

In other words, keeping the mitzvot helps on maintain the Golden Mean, i.e. remaining balanced between anger and submissiveness, miserliness/niggardliness and spend-thriftiness, etc. Maintaining the mean helps one attain moral virtue, which in turn leads to rational virtue. In the end, the only true value of life is to perfect the rational intellect and thereby gain immortality.

It is a very fascinating essay which clarified Rambam's overall philosophy in general and his intent in Shemonah Perakim in particular. Professor Kaplan said to me that he believes that this work is his most important ever written.

--------------

A few thoughts of my own regarding Shemonah Perakim chapter six, the chapter about the man who obeys because of moral virtue, and the man who obeys because of God's command.

Rambam says that in "rational" commands (mitzvot; murder, theft, etc.), one should obey them due to his own moral virtue. On the other hand, in non-rational commands (hukim; shatnez, kashrut, giluy arayot, although I personally cannot understand why giluy arayot is not a rational command, but be that as it may...), one should obey them because of G-d's command.

Professor Isadore Twersky and others interpret this as a dialectic between autonomy and heteronomy; in rational commands, one should follow his own autonomous instinct and virtue, while in non-rational, one should follow G-d's inscrutable and heteronomous command. But Kaplan disagrees; chapter four already taught us that the non-rational commands of the Torah serve as practical instruments to bring us to the Mean. Therefore, following G-d's heteronomous command in this case is not because we are to develop obedience to His inscrutable will as a value in and of itself, but rather, because these commands only indirectly affect the moral virtue, whereas the rational commands directly relate to moral virtue. Obeying G-d's command for the sake of obedience has little if any value for Rambam. Rational commands are to be followed autonomously for the sake of their moral virtue; non-rational commands are to be followed heteronomously, for there is nothing intrinsically morally questionable in them, and had God not commanded them, there'd be no objection to eating treif, etc.

Thus, Rambam shows that virtue is to be exalted over obedience; the ultimate value is rational virtue, followed by moral virtue, and obedience has value only insofar as it leads to these.

Now, my own thoughts:

I am inclined to follow the philosophy of Rabbi Eliezer Berkovits, as expounded by David Hazony in "Why Judaism Has Laws", in Azure magazine: Judaism, says Rabbi Berkovits, extols the practical sociological effect of the deed over the intent of the performer. Whether or not one is charitable in his heart is less important than whether he actually helps the poor. This is almost the exact opposite of Rambam, who extolled virtue over obedience. However, Rambam's philosophy is still useful for us: in moral commands, I'd nevertheless say that ultimately, G-d does want the moral virtue to be ingrained in our moral fiber. As Dennis Prager says, "Judaism would love that you give charity out of the goodness of your heart. But the Torah knows that if it waited for this, it would wait an awfully long time. So it says give 10%, and if your heart catches up, great. If not and/or in the meantime, good has still been done". So while Rambam says virtue is greater than obedience, I'd say the opposite, BUT, I'd say that virtue is still a value, and hopefully, in the end, the moral virtue will catch up to one's deed. However, in non-rational commands, such as kashrut, this is not necessary. Following the philosophy of Rav Hirsch, in which these commands have educational and symbolic and training value, there is no moral virtue related to these commands. Thus, there is no need for one to have a moral revulsion to treif, etc. On the contrary, this subverts its educational value. Rabbis Berkovits and Isidore Epstein say similarly, saying that kashrut trains one in self-control. Dayan Grunfeld in Horeb in a footnote to the introduction, criticizes Rabbi Berkovits for this idea, but nevertheless, all these thinkers agree that one way or another, the hukim are only indirectly related to G-d's ultimate goals of hesed and tzedaka and mishpat. They may disagree on what kashrut does teach, but they all agree it is educational, and neither intrinsically moral ( = desirable to G-d) nor sacramental or mystical (I am following Rabbi Danziger's view of Kabbalah according to Rav Hirsch, and not Dayan Grunfeld's).

(An aside: Rav Hirsch criticizes Rambam for his taamei mitzvot, but Rav Hirsch has more in common with Rambam than he admits. Rambam and Rav Hirsch agree that the mitzvot are either intrinsically moral, or that they somehow are educational or pedagogical or symbolic, and thus indirectly conducive towards some moral goal. Thus, Rabbi Danziger in his reply to Rabbi Elias, at http://www.stevens.edu/golem/llevine/rsrh/RS%20Hirsch%20R%27Elias%20vs%20R%20Danziger%20JAction.pdf can say that Rav Hirsch is being "pure Rambam" and not mystically Kabbalistic. For Rav Hirsch, the mitzvot are not sacraments as they are to Kuzari and others.)

So even though Rambam said what he said, in the context of altering Judaism to agree with Aristotle (cf. Herbert Davidson, Herbert Davidson, Maimonides' Shemonah Peraqim and Alfarabi's Fuṣūl Al-Madanī, (Proceedings of the American Academy for Jewish Research, Vol. 31 (1963), pp. 33-50. http://www.jstor.org/stable/3622399), http://www.philosophy.umd.edu/people/faculty/manekin_charles/davidson%20fusul.pdf, p. 13:
It will be observed that Maimonides' solution does not affect the "philosophers'" position in any way. It was only universal moral norms and not divine legislation that Alfarabi and Aristotle ever had in mind. Consequently, Maimonides has accepted the view of the "philosophers" without the slightest change. If any forcible harmonization has been committed it can only have been at the expense of the rabbis' view; that would depend upon whether the rabbis really meant to say what Maimonides in- terprets them as saying, a question that may be left open here. We need only note that in this case, Maimonides, having found a philosophic view in apparent opposition with a view of the rabbis, endeavored to preserve the philosophic view fully intact.
, I felt that Rambam's teaching could still be justified and utilized even for a natively-Jewish philosophy. I was thus extremely gratified when I later found that Professor Harry Wolfson, Maimonides and Halevi (http://www.archive.org/details/maimonideshalevi00wolfuoft), p. 14, describing the Jewish view, says,
But mere obedience, mere formality, mere practicing of virtue is not sufficient. The individual is not perfect unless the divine virtues, the formal code of ethics, become the acts of his inmost conscience, the* spontaneous expression of his nature. ... The test of individual perfection is the perfect harmony or coincidence of his conscience with his deeds and the residing joy therein. "Whenever a man is satisfied with his own right conduct, it is a good omen for him; whenever a man is not satisfied with his own conduct, it is a bad omen for him." The perfect man is the "Beautiful Soul" beautiful because his instinct and righteousness coincide. כל שרוח עצמו נוחה בשלו סימן יפה לו אין רוח עצמו נוחה כשלו סימן רע לו - Tosefta Berakot 3, 4.


Another comment: we are brought to the vexed question of why G-d commanded the rational commands, if they are indeed rational - let us derive them on our own, without revelation! Hovot haLevavot is deeply troubled by this, and suggests that the generation of the Exodus was so morally and rationally deficient, that they needed these rational commands to be explicitly told, but we do not today need this anymore. Rabbi Leo Adler (a Hirschian), however, in his The Biblical View of Man (Urim Publications), says that this shows the pernicious influence of Greek philosophy; only such a philosophy, by extolling the power of intellect (the yetzer hatov) and ignoring the power of emotion and vice (in other words: the yetzer hara), could even ask the question of why G-d should command these commands. For in fact, without the Divine command, the rational mitzvot, though being rational, have no binding force.

So too Rabbi Berkovits in G-d, Man, and History: he says that Kant proved it is logical to be moral, but who says it is obligatory for one to be logical? Without a Divine command, it may be logical to be moral, but there is no binding imperative to be so logically moral, unless G-d commands. As an aside, Rav Saadia Gaon suggests that the rational commands are needed to flesh out the precise laws of the rational commands, for we can rationally conceive of their general laws but not in all their details.

Rav Saadia Gaon answered the question himself, saying that the intellect provides the laws in general, but that revelation is needed for them to be spelled out in precise detail. Thanks to Rabbis Adler and Berkovits, however, we no longer need Rav Saadia Gaon's solution.

I will say, however, that we can borrow Rav Saadia Gaon's idea for our own purposes: I will say that the conscience and the intellect can indeed serve to assist in keeping mitzvot: Rav Hirsch speaks of the voice of G-d speaking within you, and I believe that the conscience and the intellect can act as general guides to the directions as to what is right and wrong, and the mitzvot serve to confirm and direct him in more precision. Indeed, one's conscience and intellect are necessary to raise questions when something seems wrong but the subject does not know of a particular law; the conscience thus raises a flag that calls for further investigation. Moreover, the posek in his halachic decisions must be guided not only by empirical logical, but also by his sense of what the overarching ethos of the law requires, as shown by Rabbi Berkovits, Rabbi Eliezer Samson Rosenthal, Rebbetzin Blu Greenberg, Rabbi Yehuda Amital, Dor Revi'i, and others (I am not sure about Rav Soloveitchik; Rabbi Lau regarding Rabbi Rosenthal says Rabbi Soloveitchik disagrees, but Professor Marc B. Shapiro brings Rabbi Soloveitchik as being in agreement with Rabbi Yehuda Amital and Dor Revi'i on this matter). With all this said, we can understand what Rav Kook in Orot haTeshuva means when he says that sins cloud the conscience; when one sins, his moral barometer is disrupted, and his conscience no longer so clearly can flag potentially questionable situations and morals.

(A random note: in speaking to R' David Glasner and to Rabbi Berkovits's sons, I have established that Rabbi Berkovits, before learning under Rabbi Yehiel Yaakov Weinberg, first learned under Rabbi Akiva Glasner, Rabbi Moshe Shmuel Glasner's son.)

Rn' Toby Katz said to me why she believes we need the law: "The answer to this is closely related to that famous quote, "If there is no G-d, everything is permitted." Even if people know that there is a G-d, but He has not clearly said what is permitted and what is forbidden, then everything is permitted. Man is a rational animal who can rationalize away every crime. All societies consider murder to be wrong, for example -- that's a very rational commandment..." She continued, but what of abortion, etc., and other grey areas? [This last statement of hers can be understood like Rav Saadia Gaon; i.e., intellect furnishes the general ethics but revelation provides the intricate details in "grey areas".]

I replied:

That [i.e. that without G-d, all is permitted] is exactly what Rabbi Leo Adler is driving at. He says the Greeks overestimated the power of the intellect, and assumed that education merely needed to tell one what is right and what is wrong. The Christians however underestimated man, and said he cannot be good, no matter what. Judaism however says that man can indeed be good (owing to his Godly soul), but that on the other hand, his intellect is capable of justifying almost anything his vices and passions demand, and thus we need the Torah, both for its ever present laws (which train and curb and rein-in and for its comprehensive mussar and knowledge of human psychology.

I reflected further, and realized that whereas Rav Saadia Gaon asks why we need the Law given our intellect, I'm simply asking the exact opposite: why do we need our conscience and intellect if we have the Law? My answer is the same as his, except in reverse: the Law provides the rules of conduct, but our intellect and conscience guide us and raise flags and call for further attention. Also, I think derech eretz kadma latorah [ethical propriety precedes Torah] means that prior to the Torah telling us what is good, we first must care about good, and have a general ethical sense and concern for what is proper.

An example: I was reading Affirmations of Judaism (Rabbi Hertz), specifically its essay on Hammurabi. He describes Hammurabi as an enlightened despot at his best: Hammurabi says he was striving to protect the widow and the poor, and that he wanted uniform justice for all, etc. Obviously, he didn't achieve this. But the fact that he even cared to try, and that he got as far as he did, I think illustrates derech eretz kadma latorah. Had all the Babylonians followed Hammurabi on this, and subsequently had Hashem appeared to them instead of us, I could imagine them being Hashem's nation. This is all taking for granted Rabbi Hertz's interpretation of Hammurabi himself, of course.

On the other hand, we've all heard of people who try to be unethical within the purview of the Torah, and find loopholes. They're not trying to do G-d's will, but rather to simply cheat and lie and steal within the system without being caught. Professor Marc Shapiro has an interesting take on this: see
http://seforim.traditiononline.org/index.cfm/2008/8/29/Responses-to-Comments-and-Elaborations-of-Previous-Posts-III, section 5, beginning with citing Rabbi Amital.

I think all this explains why a hasid must study Nezikin: not just the Bavas, but ALL of Nezikin, including Avot; and not just Avot, but also the Bavas.

However, the approach of Rabbi Amital, as cited by Professor Shapiro above (Rabbi Amital, in short, says that there are many unethical practices that are not forbidden by the Torah, but they unethical nonetheless, and violate G-d's will all the same), raises again the question of why the Torah would not command a given ethical value or act. Rabbi Amital himself says that the Torah need not rule on obvious cases, such as cannibalism. My problem is that the Torah itself deals with "obvious" and "rational" cases, such as prohibiting murder and theft. Rabbi Amital only reopens the question that plagued Medieval Jewish Philosophers, viz. why the Torah rules on such obviously immoral and illegal cases (and I saw an article on Rabbi Amital that indeed notes Rabbi Amital has not grappled with the "Kalam" questions that Rav Saadia Gaon grappled with). Rabbi Amital, in fact, deepens the question, because according to him, the Torah sometimes does and sometimes doesn't rule on such cases, whereas Rav Saadia Gaon at least felt the Torah dealt with EVERY ethical case, and he had to wonder only why the Torah didn't leave it up to intellect; Rabbi Amital, on the other hand, holds that the Torah sometimes does and sometimes doesn't leave it to the intellect.

My personal approach, regarding why there are certain ethical situations not contained in the Torah, is that the Torah deals with case law, not statutory law. We see the same in the Mishnah, and also the earlier strata of the Gemara (according to academic scholars of Talmud; I am indebted to Rabbi Dr. Pinhas Hayman, who is offering me personal assistance in these matters), that Jewish law dealt with concrete situations exemplifying broader situations and issues. Thus, the Written Torah would only deal explicitly with cases that were of concern at that time. As my friend Benjamin Fishbein has offered, the Middle East was replete with goats, so a prohibition of cannibalism was not necessary. On the other hand, the Middle East was replete with goats - thus the prohibition of bestiality. It would be left to the Oral Law to preserve the underlying moral and legal principles used to extrapolate the law of new cases.

Actually, this case-law/statutory-law idea is not truly my own; Rabbi Berkovits (following Rabbi Glasner) says that we were given the Oral Law because the Written Law cannot deal with every possible situation; it could only deal with a few, and the Oral Law provides us the legal principles and methods to unfold the Torah in ever new places, times, and situations. I have simply formulated differently than Rabbi Berkovits, adding myself the distinction between statutory and case law, a distinction which I was awakened to by Rabbi Dr. Pinhas Hayman.

(Rabbi Hayman's response to my case-law/statutory-law theory: "It seems to be the inevitable role of Rabbis to make things more complicated than need be. The goal of all of Torah law is the injection of divinely ordained values in daily life. Since daily life changes, we need poskim to tell us what the Torah would have us do in these changing circumstances. There is no such thing as halachah without human thought and judgement, because precendents must be adapted to changing circumstances. Therefore, varying opinions are not only possible, they are meritorious, and reflect the richness of human halachic thought. When we have a Sanhedrin, the majority will rule.")

I later saw Rav Kook, in Igrot 79, translated in Tzvi Feldman, Rav A. Y. Kook - Selected Letters (Ma'aliot Publications of Yeshivat Birkat Moshe; Ma'aleh Adumim, Israel, 1986), p. 26:
And in general, this is the way of the Torah: it hints at a principle, from which we can draw a wellspring of general ethical perceptions and knowledge, in order to set for ourselves an eternal way of life, [by means of] all these righteous statutes and judgments.



And come to think of it, I remember I've previously expressed this exact same idea in alternate garb. Rabbi Berkovits (in Crisis and Faith) and Rabbi Glasner (in haTzionut b'Ohr haEmuna/Zionism in the Light of Faith) both say that the Torah is not concerned with the feasibility of Shabbat observance in the golah [diaspora], because the Torah was given to be kept in Israel. To be sure, one is obligated to keep Shabbat, but it isn't really G-d's or the Torah's concern if this is truly feasible, for G-d intended we keep the Torah and Shabbat in a land where we control the economy and set the day of rest, and if we are exiled into a land whose day of rest is not Saturday, it is our own sins that got us exiled. I used this idea to say that the Torah is generally only concerned with life in Eretz Yisrael (the Land of Israel), and therefore I wanted to say that the Torah only commands loving the re'ah (neighbor - "love your neighbor as yourself") and the ger (alien; both ger tzedek [convert] and ger toshav [alien foreign resident]) because those are the only individuals we'll meet in Israel; there are no non-Jewish non-gerei-toshav in Israel! We aren't commanded to love the gentile neighbor in galut (who naturally isn't a ger toshav, since a ger toshav is by definition a non-Jew living in Israel), I proposed, simply because there is no such thing in Israel! I realize now that my case law/statutory law is basically the same idea, except expressed more comprehensively, in terms of what was the case(-law) at the time of the Revelation at Sinai/conquest of Yehoshua, rather than in terms of Eretz Yisrael per se. Thus, my latest formulation is the most philosophically comprehensive, and is to be preferred.

Of course, regarding why gentiles are not included in "love your neighbor", we could just go with Meiri that a righteous gentile IS in fact your "neighbor", and avoid the whole question of why we don't have to love non-Jews. Many prominent modern authorities, essentially the all-star roster of Modern Orthodoxy, follow the Meiri on this, including Rabbis Samson Raphael Hirsch, Yehiel Yaakov Weinberg, Ahron Soloveichik, Yizhak Herzog, and others. I am indebted to Rabbi Dr. David Berger's recent article on the subject; the article is on how a Jew can interpret apparently and ostensibly racist or particularist statements of traditional Jewish literature. The upshot of his analysis is that with a proper understanding, it is well within our grasp to accord to non-Jews a full and unabridged apprehension of their humanity, not one iota less than our appreciation of Jews. To be sure, there are troublesome texts to be accommodated and interpreted, but Rabbi Berger shows that the number of troublesome texts increases if we try to take the opposite tack, i.e. uphold a racist and particularist viewpoint and accommodate and interpret the ostensibly universalist and humanistic texts.)
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