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The Torah U-Madda Journal Devoted to the Interaction Between Torah and General Culture THE TORAH U-MADDA JOUR NAL DEVOTED TO THE INTERACTION BETWEEN JUDAISM AND GENERAL CULTURE EDITOR : DAVID SHATZ EDITORIAL ASSISTANT : MEIRA MINTZ FOUNDING EDITOR : JACOB J. SCHACTER , 1989–1999 VOLUME EIGHTEEN • 2020-21 The Torah u-Madda Journal Devoted to the interaction between Torah and general culture. Copyright © 2021 Rabbi Isaac Elchanan Theological Seminary, an affiliate of Yeshiva University. David Shatz, Editor Meira Mintz, Editorial Assistant Jacob J. Schacter, Founding Editor A publication of The Torah u-Madda Project Max Stern Division of Communal Services Center for the Jewish Future Yeshiva University 500 West 185th Street New York, NY 10033 The Torah u-Madda Project gratefully acknowledges the support of the Joseph J. and Bertha K. Green Memorial Fund at the Rabbi Isaac Elchanan Theological Seminary. The Torah u-Madda Journal publishes articles that either (1) address the question of Judaism’s relationship to general culture, whether in the broad sense or in the context of a specific discipline or field; or (2) exemplify the integration of Jewish and general knowledge in the treat - ment of a specific topic. Correspondence should be sent to Dr. David Shatz at [email protected]. Back issues of the journal are available online at www.yutorah.org. Design and production by David Olivestone PRINTED IN THE UNITED STATES OF AMERICA p This issue is dedicated in memory of Rabbi Dr. Norman Lamm and Mrs. Mindella Lamm הרב נחום בן מאיר שמואל ופעריל מינדל בת שלום וטויבע העסא ת u נ u צ u ב u ה p A A q q Rabbi Dr. Norman Lamm zz. ”l The passing of Rabbi Dr. Norman Lamm zz. ”l , the third president of Yeshiva University, at age 92, elicited countless tributes and expressions of sorrow from across the Jewish world. After a stellar career as a pulpit rabbi, Rabbi Lamm led the flagship institution of Modern Orthodoxy for 27 years. He brought Modern Orthodox ideology and the ideal of Torah u-Madda — the animating principle of this journal, which is part of the Torah u-Madda Project he founded—to an unprecedented level of articulation and advocacy. Rabbi Lamm convened the think tank known as the Orthodox Forum, addressed nearly every policy issue, and enabled our community to define itself in both thought and action. All the while, as Rosh ha-Yeshiva of the Rabbi Elchanan Theological Seminary, Rabbi Lamm strengthened Torah study at the YU campuses dramatically. He inspired rabban - im, delivered shiurim, founded kollelim, and established Talmud classes at Stern College for Women and programs for women's Torah study. His sermons and his publications in Torah and Jewish thought are breathtaking in their scope and will edify and inspire far into the future. They create a rich and enduring legacy. In remembering how Rabbi Lamm lived his life and conducted his career, this verse comes to mind: מה אהבתי תורתך כל היום היא שיחתי “O, how I love your Torah! I speak of it all day long” (Psalms 119:97) q lurc urfz hvh q A Photo credit: The Office of Rabbi Sacks A q q Rabbi Lord Jonathan Sacks zz. ”l In a 1997 commencement address at Yeshiva University, Rabbi Lord Jonathan Sacks zz.”l , then Chief Rabbi of the United Hebrew Congregations of the Commonwealth, made a pointed argument on behalf of the ideal he called Torah ve- H. okhmah . “Chochma reminds us that we are humans, we are citizens of the universal enterprise of mankind, and Torah reminds us that we are Jews, heirs of the greatest heritage ever conferred on a people.” Rabbi Sacks embodied this melding of the universal and the particular vividly. On the one hand, his contributions to Jewish thought were massive: works of philosophy, par- shanut , history, and homiletics, along with commentaries on the Siddur, Mah. zor , and Haggadah and innumerable addresses and lectures. He addressed robustly issues of paramount concern for Jews Yet he also published numer - ous books on religion, poli.tics, economics, and morality for a global audience. In that role he earned acclaim from the spheres of politics, royalty, religion, and academia. Rabbi Sacks showed that the values of Judaism can speak to modern societies and ideologies, and can improve the world. Yeshiva University was proud to have Lord Sacks on its faculty in 2013-2015 as the Kressel and Ephrat Family University Professor of Jewish Thought. He was among the most compelling and inspiring authors, orators, and leaders to have graced the Jewish world in modern times. q lurc urfz hvh q CONTENTS In Memoriam: Rabbi Dr. Norman Lamm zz.”l (1927-2020) iv In Memoriam: Rabbi Lord Jonathan Sacks zz.”l (1948-2020) vi The Political Theology of Rabbi Nachum Eliezer Rabinovitch 1 Rami Schwartz Philosophy of Law and Halakhic Discourse: Possession Crimes and the Owning of H. ame z. 33 Shlomo M. Brody Varieties of Divine Providence in Medieval Jewish Philosophy 60 Baruch A. Brody Aspects of Maimonides’ Historiosophy 94 Y. Tzvi Langermann Contrasting Historical-Critical and Literary Approaches to Biblical Interpretation: The Case of Exodus 1-2 114 Yitzchak Blau Form and Rhetoric in Biblical Song: Na h.manides’ Commentary on Song of the Sea (Exodus 15: 1-18) 131 Michelle J. Levine And I Shall Dwell Among Them: The Mishkan As a Microcosm of the Human Condition 175 Geula Twersky The Story of Judith and the Custom of Eating Dairy Foods on H. anukkah 186 Zvi Ron The Halakhic Definition of Night and the Principles of Astronomy 195 William Gewirtz GUIDE TO TRANSLITERATION STYLE 218 FORMAT OF REFERENCES 220 RAMI SCHWARTZ The Political Theology of Rabbi Nachum Eliezer Rabinovitch In May 2020 we received the painful news that Rabbi Nachum Eliezer Rabinovitch zz.”l passed away at age 92. I was first exposed to R. Rabinovitch’s religious philosophy while studying at his yeshivah in Ma’ale Adumim. Though I cannot claim to have been among his closest students, his ideas and approach to Torah left an indelible impact upon me. In an opening note to this article, which was composed before his passing but has been modified to reflect it, I had written that I intended for the essay to serve as a testament to my gratitude. I now intend that it will serve, in addition, as a small tribute to his legacy. Beyond pushing and inspiring his students to develop their commit- ment to the principles of Torah u-Madda, R. Rabinovitch also stressed the need for independent thought and intellectual honesty. This article attempts to impartially explain and assess R. Rabinovitch’s own religious philosophy, and it is my hope that in doing so it will emulate the integrity that he and his teachings instilled in us. May his memory and legacy be a blessing. abbi Dr. Nachum Eliezer Rabinovitch was among the prominent rabbinic figures in the Religious Zionist move- ment in Israel and abroad. He was a renowned halakh- Ric authority and a prolific writer. In addition to his many works dedicated to Talmud and Jewish law, a significant portion of his RAMI SCHWARTZ works in policy research and analysis for the Israeli govern- ment. He holds a master’s degree in Public Policy from Tel Aviv University, as well as a B.A. in Jewish Thought from Hebrew University and an M.A. as part of its Interdisciplinary Program for the Study of Late Antiquity. He completed the Hesder program at Yeshivat Birkat Moshe in Ma’ale Adumim. 1 The Torah u-Madda Journal (18/2020-21) 2 The Torah u-Madda Journal writings focus on the realm of Jewish philosophy. Despite his expansive body of work and influence in the Religious Zionist world, however, R. Rabinovitch has received limited attention from schol- ars.1 This essay aims to help fill this gap by analyzing one of the central aspects of R. Rabinovitch’s thought: political theology. Background In our context, political theology will be taken to mean a view of the ideal state—its role, structure, and proper functioning according to religious precepts. I will begin this study with an overview of R. Rabinovitch’s approach to the purpose and nature of the miz.vot. While at first glance this may seem unrelated to his political thought, it is actually the base upon which R. Rabinovitch builds his approach to the aim and function of the state. Next, I will present the central aspects of R. Rabinovitch’s political thought: a clear distinction between civil and religious authority, the concept of “partnership,” and strict limitations on government power. These points lead R. Rabinovitch to criticize several aspects of the current system of government in the State of Israel. As may be expected from a halakhic scholar and avowed Maimonidean, R. Rabinovitch grounds his views primarily in the Talmud and classic works of Jewish law, in particular those of Maimonides. However, there are also clear parallels between R. Rabinovitch’s political theology and the central tenets of political liberalism. Indeed, at times R. Rabinovitch’s reading of Jewish sources is directly influenced by this philosophical tradition, especially the writings of John Locke. R. Rabinovitch was born in Montreal in 1928 and studied there under the tutelage of R. Pinchas Hirschprung and later under R. Yaakov Yitzchok Ruderman at Yeshivas Ner Yisroel in Baltimore.2 After receiving 1. Brief discussions of various aspects of R. Rabinovitch’s thought can be found in Allan Nadler, “Maimonides in Ma’ale Adumim,” The Jewish Review of Books (Summer 2018), retrieved from https://jewishreviewofbooks.com/articles/3235/maimonides- in-maale-adumim; Gamliel Shmalo, “Orthodox Approaches to Biblical Slavery,” The Torah u-Madda Journal 16 (2012-2013): 14-18; Yair Sheleg, Following the Multitude: Rabbinic Attitudes Towards Democracy in Israel (Hebrew), Policy Paper 67 (Jerusalem: Israel Democracy Institute, 2006), 68–71; Aviezer Ravitzky, “Is a Halakhic State Possible? The Paradox of Jewish Theocracy,” in Israeli Democracy at the Crossroads, ed.
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