Between Ethics and Jewish Law: Torat Ha-Melekh and the Moral Problems of Contemporary Halakhic Discourse Bar Guzi Brandeis University
[email protected] Abstract This essay focuses on Rabbis Yitzhak Shapira and Yosef Elitzur’s Torat Ha-Melekh1 (2009). Through an examination of the book’s arguments and conclusions, I seek to show how a halakhic discourse which relies solely on Jewish sources, and disregards, even deliberately rejects, what it conceives as “external” sources, can lead to radical and ethically problematic halakhic rulings, which not only permit, among other things, the deliberate killing of little children and complete innocents, but also understand this act to be the fulfillment of a positive commandment. Furthermore, I seek to show the failure of the halakhic and meta-halakhic critiques of Torat Ha- Melekh and argue for the necessity of a much more comprehensive paradigm shift in contemporary halakhic discourse. In the first part of this essay, I provide basic background about the authors and the book. In the second part, I follow the book’s six chapters and summarize its main arguments and rulings. I believe it is important to do so for two main reasons: First, it provides the reader with the necessary background for better appreciating and understanding the critique to follow. 1 Yitzhak Shapira and Yosef Elitzur, Torat Ha-Melekh: Berure Halakha Be-Inyane Malkhut U-Milḥamot: Diney Nefashot Bein Yisrael La-'Amim, Second ed., vol. 1 (Lev ha-Shomron: Yeshivat Od Yosef Chai, 2009). Moral Law and Jewish Law Guzi Second, as far as I am aware, an English translation of Torat Ha-Melekh has yet to be published.