K TH E E THI C S OF T H E HALA AH .

" Y . B PROFESSOR J ACOB . LAUTERBACH

T HEORY AND PRACTICE .

The p r ogr ess of mankind along the lin es of ethical p erfec tion lea ding toward the go al of a united humanity has been accomplished by two distin ct processes : the process o f conceiv ing high ethical ideals an d the equ ally importan t but neverthe n f less disti ct p rocess o their application to life . E thical ideals

v an d m e m — e are first concei ed expressed by so e gr at ind proph t, On e . priest or t acher ly afterward do the people , striving for m m m m e e e oral i prove ent , ak thes thical concepts the b asis of n m a m law a d enact ent . Thus they ende vor to ake the ideal real . on e n ma t The process , by a fiction of la guage , y be called theore I n m e . ical , the oth r practical the ethods whereby each process m m its ff atte pts to acco plish results there is great di erence . The method of the one consists in so expressing the great ethical men m as . e ideals to inspire to achieve the Th other process ,

k n e - n n see i g to apply th se ideals to every day livi g , e deavors to create a practical discipli ne whereby to train men in the oh m n . difie rence in servance of the sa e ideals This co stitutes the , n m every age , between the uttera ces of the great oral leaders e i e m and th practical , leg slative d crees of the law akers . Both m e m m n n ethods of proc dure , co ple e ti g each other as they do , are of equal importance for th e accomplishment of the ethical m n an perfection of a . I f the prophets d seers of mank ind give n m e us the ideals that guide our co duct fro afar , like lighthous s o n m n for m l . u a the pro o tories of life the lawgivers and j udges , t in n in g their practical rules and decisio s , place our han ds the humble candles whereby we see how to make the very necessary n daily steps of life . And th e great j our ey toward the goal of m n m m a united hu a ity is ade up of these hu ble steps . 2 RAL AB B I CENT CONFERENCE OF AMERICAN R S .

m m m In Judais , which ai s to acco plish the eth i cal and reli ious man g perfection of , we observe the same inte rplay of these

. I m two processes n one i portant respect , however , the progres s of these two processes in Judaism differs from that in any other h m m n m m m I istoric ove e t for the oral i prove ent of mankin d . n m m n m every other ove ent radical cha ges have taken place , fro m m in n ti e to ti e , both the ethical co cepts as well as in thei r n n application . I t ofte h appe ed that the practical endeavors succeeded in realizin g the ideals to such an extent as to make m n these ideals beco e antiquated . The people h avi g outg rown e n in the old ideals , new ideals had to b co ceived order to lead me n m . I on to further p rogress n Judais , however, only the p ractical application of the D ivin e principles chan ged from m m n ti e to ti e . C ertai practices and laws which for one period served as the expression of the ideal became antiquated in

a nd n . I another period had , therefore , to be ab an do ed n its m m m ff outward for s Judaism ch anged from ti e to ti e . At di er

m an d f n m and r c ent ti es di fere t places , new custo s new p a

a m i e l tices were dopted to express the sa e religious d a s. But in its ideals a nd fun damental p rinciples Judaism h as not

h a m m its t changed . I t s re ained the sa e throughout his ory . The ideals as well as the fun damental pri nciples l aid down by the God - i n spired teachers a n d prophets of old are of etern al n m value . They express D ivi e truths that have neither beco e antiquated n or h ave they been surpassed by any teachings of m other religious syste s . The prophetic ideals are still the lofti

man m est ideals which has conceived , and the funda ental prin ci le s m m and s p of Judais , its laws of orality righteou ness , are n still the highest pri n ciples that h ave ever bee taught .

PROPH ETs AND RABB I S .

aim was For Judaism to achieve its great , it therefore only necessary that the formulation of its high ideals and noble p ri nciples should be followed by e ndeavors at their practical l application in daily life . This actua ly took place in the course

m - n of the history of Judais . First the prophets , God i spired me n n and , gave expressio to the highest ideals of love peace , 3 CE NTRAL CONFERENCE OF AMERICAN RABBIS .

an d n an d n j ustice righteous ess , held aloft the visio of a perfect m n humani ty an d a true brotherhood of a . Then followed the legislators an d teachers of the law who seriously se t themselves m n the task of aki g the prophetic ideals real , by applying the noble prin ciples taught by the prophets to the actual con ditions I in of life . do not refer to the Biblical legislators who , the in n various law codes embodied the Bible , e deavored to put I m n prophetic ideals to practical use . refer ai ly to those legis ’ lators and teachers of the law wh o were rightly considered the n m a nd true successors of the prophets , a ely , the rabbis teachers o f the Halakah .

J EW ISH RAEBI S AND CHRISTIAN CRITICS

These ancient Jewis h teachers h ave often been unj ustly eriti

i e n n c s d by C hristia scholars . They have bee pictured as nar row - minded j urists a nd pedantic formalists who did not p rogress n n n alo g the li es laid dow by the prophets . Instead of cherish ing and developin g the ideals of the prophets they are said to h ave retrograded an d to h ave m arred the beauty of the pro h p etic religion by the legalistic settin g which they gave to it .

a n Their teachings , especially those of the Hal kah , are represe ted to be merely legalistic in character void of the spirit of true reli n n m m gio . They are sai d to co cern the selves erely with the out nn m ward conduct without regard to the i er otives . As a result of this criticism it h as become quite prevalen t amon g C hristian theologians to distinguish between the teachings of the p rophets a nd a nd n n c the teachings of the rabbis , to represe t rabbi i Juda ism as something different and i nferior to the religion of the prophets .

m n m n n n These criticis s are b ased upo isco ceptio a d bias . They draw an altogether wrong picture of the an cien t rabbis and give a false characterization of the teachi ngs of the Halakah and

n m - of rabbi ic Judais . The accusationof n arrow mi nded n ess does n ot apply to the ancient teachers of the Halakah as much as to m n find fli their oder critics , who it di cult to appreciate anything

C n . C n n that is not hristia The hristia theologia s , despite their n a nd h nn m lear ing sc olarship , ca ot rid the selves of the prejudice

4 R CENTRAL CONFERENCE OF AMERICAN ABBIS .

which they imbibed from the pole mical writi ngs of the New m s P Testa ent again t the harisaic teachers of the Halakah . With out a comprehensive knowledge of Rabbinic literature and with

a n n n out thoroughgoing understa di g of the Halakic teachi gs , they proceed to j udge the entire Halakah by the few quota tions found in the works written by opponents of the Halakah m . S a n and ene ies of the Rabbis uch procedure is u critical , n n a d n . A m a m u scientific u just s y be expected , the j udg ents

b m and I arrived at y such ethods are erroneous false . t is ab so lutely wrong to speak of the Judaism of the Rabbis as essen

tiall m n o h y different fro the religio of the p r p hets . T e teach n n i gs of , the p rophets and the teachi gs of the Rabbis are but

difier ent ns one and m slightly expressio of the sa e religion . Both are teachings of Judaism which have at all times remained the

m and n sa e in essence pri ciple .

Ho w T Y THE RABBIS CONCEIVED HEIR D UT . The Rabbis who followed the prophets in time were also m their successors in spirit . As the age of prophesy ca e to an

a . end , the age of the Halak h began The period of the prophets

To u se was followed by the period of the wise teachers . the 1 “ words of the Talmud : the task of prophecy to reveal ’ n m assI ne d God s truth ", was take fro the prophets and g to the ” iz wise teachers . These wise teachers, the Rabbis , real ed the n m great respo sibility that rested upon the , the responsibility of

v r continuing the work of the prophets . They ne e lost Sight of the noble . vision s of the prophets an d never forgot their ethical

n m s n in m n and teachi gs . They had the con ta tly i d cherished them in their hearts even more than some of their modern critics who are so loud in praising the prophetic teachings with their lips . But the Rabbis believed that the prophets had mm and a reached the very highest su it in ethical ideas , th t

nothing could be added to their ethical and moral teachings . m n n They , therefore , ca e to the co clusio that all that was left to them to do as successors of the prophets was to realize these ethical teachings in practice . The Rabbis appreci ated the beauty

1 B B 1 2 a . me ans mmm ma m a m m: ri5m . atra . 5 CENTRAL CONFE RENCE OF AMERICAN RABBIS .

n of the prophetic ideals as much as their Christia critics , but they also appreciated the fact which the Christian theologians n m do not, that ideals lose their value if u acco panied by actions and remain merely beautiful phrases without any practical in “ fl n n n n ue ce upo life a d co duct . The Rabbis believed that the ” 2 “ main thing is con duct and not theorizing and that study ” 3 is valuable only bec ause it is con ducive to good deeds . They .

n n and therefore , thought that the oble teachi gs beautiful ideas

n o m n to of the prophets were t to be treated as orna e ts , but be turned i nto a rticles for common use in the household of human

e m m in ity . This task the Rabbis s t the selves to acco plish their n n An d n Halakic rules a d decisio s . i j ustice it Should be stated that for the advan cemen t of the cause of religion and the pro motion of ethical teachings this activity of the Rabbis was no t

m n n P an d less i porta t tha the activity of the prophets . rophet Rabbi both directe d their efforts to the same goal ; they merely t n used different ways to a tai it . The prophets sought to inspire men to good deeds by teachin g high ideals and holding aloft n m n n noble visio s . The Rabbis trie d to lead e to a realizatio of these vision s and ideals by training them in the exercise of

as such good deeds are expressive of high ideals . The p rophets

ma n man showed the ways of Go d to , the Rabbis led in these n him m n 4 ways by teachi g to i itate God in all his doi gs . Both ,

m m via m man however , worked to acco plish the sa e end , , to ake n and in 5 k ow the Lord walk His ways .

2 a e 3 I 1 7 . m v n 53 main a m am e n sh Abot , 3 } 1 1 n 40b a s ex may; 1 5 mm fi nannw 51 1 ; 1 mm Kiddushi , , or it is “ in B mm - a 1 . N a I f one pressed Ka a , g1mm may; j jo smp mm 1 1 5 5 51 1 ,1 seeks to acquire religious ideas W ithout the i ntention of putti ng them i nto u se m e hi no n . practical , it would have been bett r for if he had t been bor ‘ ' J e r . I 3 b n sa new 85 1 9a: 1 5 m: mw a aw m m ( Shabbat , , ) is a other y i n T m n n m find n in g of the al ud , i sisti g that religious ideas ust expressio n n correspo di g good actions .

4 a t udc u ‘ ‘ Pesikta Rab b a ti , n v nn : nm mun rmmanna me an mm ,

m n . F b . III , editio ried a , p 7 ' T m e a m a nd hi s is the ost charact ristic fe ture of J udais , prophetic

n . no t m m no r m r e m arabi ic It is a syste of ere beliefs , is it e ely a syst of m n a nd r n a nd religious cere o ies rites . It is a religion of ight co duct good

n in One Go d r a nd deeds based upo the belief the true , who i s ighteous good , 6 OF ABB I CENTRAL CONFERENCE AMERICAN R S .

n m O e thing ust be said . As practical teachers the Rabbis n m m m n n A m had very ofte to co pro ise [and ake co cessio s". t ti es they h ad to be satisfied with mere ly approaching the ideal though n n n not fully reachi g it . They believed that a co sta t training in the exercise of right con duct and continuous practice of right deeds would in culcate in the heart of a man right prin ciples him n him and help to cultivate noble ideas , thus bri ging nearer “ n : A man to a realizatio of the ideal . The Rabbis say Should occupy himself with the study of the Torah and the practice net n m of good deeds , even though at first he is a i ated by the most ideal motiv esf In the e nd he will perform these acts for ” 6 “ A an d m m their own sake . wise practical teacher is so eti es ” m 7 b m . etter th an a prophetic drea er , says the Tal ud The practical teacher ready to make concessions when necessary and n n m m endeavori g to gai ground slowly but surely , acco plishes ore m his than the idealistic drea er . The visionary who , with ideal

him is n ot n n ever before , satisfied with a ythi g less than the ideal and who un compromisingly demands either the full realization

n n . of the ideal or nothing , will gai nothi g The teachers of the H alakah knew that h mh R5 numb nwsn I f you demand too m uch you gain nothing . They were satisfied to gain a little at a

m m n n ti e , thus co i g gradually earer to the full realization of the ideal .

NOT DEMAGOGUES B UT PEDAGOGUES .

The teachers of the Halakah gravely apprehen ded the danger

involved in continuin g the prophetic method . They feared th at

a nd n m m im n who wa ts a n to i itate H by bei g righteous a nd doi ng good . This ide a fi nds its adequate express ion in the halakic regulation concern i n n S m i . e . n n c g the readi g of the he a, , the co fessio of faith re ited daily by m n the Jew . This was so arranged by the Halakah as to i press upo the m n m n m ri Jew that he ust first take upo hi self the yoke of the Ki gdo of G d ,

i . e . n n o ne Go d n r n , ack owledge that there is o ly who alo e ules the u iverse , a nd n n m y mm n m n the take upo hi self the oke of the co a d e ts , that is , take i t upon him se lf to do what God the ack nowledged ruler of the world co m m n h im B a ds to do ( M . erakot , II , “ ‘ ‘ ‘ mac: ne ws s m 1 1mm ne w saw fi t ” mama: mm; ms mow a n y)

P a him nmpN e s , 50b . ) 7 a s ‘ ’ B . B l 2 a . ggy; l W EDM atra , ) 7 A RI CENTRAL CONFERENCE OF AMERICAN R B S .

the people might be led astray by aspiring but mistaken or even n m n false prophets , who , departi g fro the teachi gs of the true

m n m and see n . prophets , would drea stra ge drea s stra ge visions M m n oreover , the teachers felt that erely teachi g the ideal with out tryi n g to apply it practically would result in still further

m n m n i n re ovi g the ideal fro the real . The oble ideas and pr ciples

n m b ut m would the beco e beautiful e pty phrases , with perhaps m m m n n f so e shadowy ystic ea i g , but without e ficacy as guides for n m n practical life . The subseque t history of th e develop e t of the religious teachi ngs of the prophets in Judaism a nd Chris tiani n n ty justifies the apprehe sio s of the teachers of the Halakah . It argues great wisdom an d foresight on their p art to h ave chosen as their activity the practical application of the ideals

the m n m m na i . a n n t of prophets The Tal udic sayi g , a y , proved m self to be absolutely true . The practical ethods of th e wise teachers of the Halakah proved to be far more efficacious than the course pursued by some of the aspirin g prophets of their

day n . The application given to the fu damental principle of Judaism by the practical teachings of the Halakah yielded bet ter results than the mere theoretical prea chi ng of th at same “ n m n V pri ciple by the writers of the New Testa e t . erily , by ” n m their fruits shall ye k ow the " ( Matt . vii .

I n n mm n t is well k own that , whe Jesus declared the co a d “ ” m n n as . . e t , thou shalt love thy eighbor thyself ( Lev xix m n m n 1 8) to be the second greatest com a d e t of the Law ( Matt .

m r xxii . he erely repeated what eve y Jewish teacher before

and n m duri g his ti e had taught . There was , however . a great difference between th e Jewish conception and application of this

noble principle an d the Christian un derstanding of the same . The Jewish teachers in declari n g this principle to be the fun da m n e tal principle of the religion , the whole Law , taught at the same time that the rest of the Law also had its legitimate place ; th at the other comman dments leadi ng up to this consummation m A it 8 “ of the Law ust also be observed . s Hillel expressed , all

m mm n s i n swi m " m co m the rest is erely a co e tary , W , but a ” m which ' o ne m t n and 1 m: Sn entary us k ow , Go study it , in

S 3 1 a habbat , . L RAR CENTRA CONFERENCE OF AMERICAN EI S .

n m one n order to lear fro it how to apply correctly the pri ciple , n the golden rule . C hristia ity has accepted the text of Leviticus

. 1 8 C mm xix , without the o entary , the golden rule without the h i m w le syste of its practical application . The Law was declared P “ . A as abrogated aul said , ll the Law is fulfilled in on e ” n word . ( Galatia s v . But the result was that the so m n m n m called fulfil e t of the Law re ai ed erely a word . The Love preached by C hristian ity did not prove to be that love “ ” n o m n which worked ill to his neighbor ( Ro a s xiii . Q uite n h m n to the co trary , it wrought great ar . The pri ciple , love ” m n thy neighbor as thyself, was for a y centuries upon the lips of Christian n ation s without any influen ce upon their char an d n n m acter co duct . They eve co mitted the most horrible crimes and perpetrated the most cruel acts of hatred in the name

, 5 of that very religion of love . app Si p 1 pm The voice was the

n n h r voice of Jacob , repeati g the Jewish teachi gs of brot e ly love , but my m w'p m the hands remai ned the bloody hands of E sau n n i flicti g injury and evil .

L L W THE AI M AND P URPOSE OF A L THE A .

a on n n The te chers of the Halakah , the other ha d , retai ed

an d n n w as the Law , studied practiced it , k owi g well that it the n necessary and i ndispen sable commentary to the golde rule .

V n n as mm n n iewi g the e tire Torah a co e tary to the golde rule , the Rabbis believed that the aim a nd purpose of all the c om mandme nts of the Torah was to establish peace and friendly re 9 la i n n m n man fiw o r : war: rm: mmm 5: . I t o s betwee a and . m n nt in the light of this belief they , therefore , i erpreted the Torah such a manner as to make all its laws the express ions of ethical n m n n and ideals , co ducive to the pro otio of righteous ess , peace m n m n I n n and n find love a o g e . all their discussio s teachi gs we that they aimed at the high ideals of the prophets which they m n believed to be th e purpose of all the command e ts . By their expl a nation s a n d modifications of the Biblical laws they sought

m a nd and i n to give to the latter a oral religious aspect , their own legal enactments they were guided by ethical considera

n 59 h. Gitti , RI CENTRAL CONFERENCE OF AMERICAN RAB S .

tions and based their rules an d decisions on sound moral n pri ciples . Before proceedin g to prove this thesis by instances from the n Halakic teachi gs , it is perhaps proper to Show that it was the generally accepted opin ion of the Halakah that all the laws of

m m ns an e n d a nd the Torah were erely a ea to , that this end n n was con ceived to be the prophetic ideal of a Messia ic era , whe

peace and brotherly love will prevail among all people . I t will also help uS to understan d the ethics of the Halakah m better , if we first ake clear to ourselves what views the Halakah held in regard to the origin an d character of th e laws of the

Torah .

T " E T AND COM MENTARY .

We have seen above that Hillel declared the whole Torah with all its commandmen ts to be merely a commen tary for the purpose of explain ing the golden rule and guidin g us in its

n w not n n n . as O applicatio This the pi io of Hillel alo e , it was n m the opinio held by all the teachers of the Halakah . No ention

m n n on an is ade of a y obj ectio to this view the part of y teacher .

a nd m n no t The idea that the ritual , p recepts cere o ial laws will be n ecessary for all time is a logical consequence of this view mm n m n n find . S about the co a d e ts of the Torah o , i deed , we that the teachers of the Halakah expressed their opi nion that

m m the M n me n n at so e future ti e , in essia ic age , will have lear ed the lesso n of brotherly love a nd will n o lo nger be in need of mm n n mm n a co e ta ry to the golden rule . The the co e tary will be dispe nsed with and all those laws and practices commanded

n n me n by the Torah for the purpose of trai i g to follow the ideal , n n m will lose their fu ctio , or , to use the words of the Tal ud “ Ni h “ ' dda 61 b I m s mv m mm . I M , ) p n the essianic age the ” 1 ° n . laws will be suspe ded The teachers , however, believed that

‘ The idea expressed in this sayi ng i s also exp ressed in other sayi ngs

R . T n of the abbis hus it i s declared by the rabbi s , that i the future age , , a - a ll a nd r “3 5 j g19 5 the sacrifices all praye s , with the exception of thanks

n T m L B a givi g , will be abolished ( Midrash ehilli , VI , editio uber, p . l 45 ) . i n s Mishle I " L B . 3 1 a ikewise Midra h , ( editio uber, p ) , it i s declared n P m a nd n R that all the festivals , with the exceptio of uri ( accordi g to . 1 0 L R CENTRA CONFERENCE OF AMERICAN ABBIS .

inasmuch as the ideal of brotherly love had not bee n realized

an d M n h ad n ot the essia ic era arrived , therefore the co mmentary to the golden rule was still n ecessary a nd the laws of the Torah

were still to be observed .

THE F ALLACIOUS CHRISTIAN CONCEPTION OF THE Y OKE LAW OF THE . It should be kept in mind that the teachers of the Halakah

v wa rm n D n belie ed in i mm in the ivi e origin of the entire Torah . According to their belief even the laws and commandments m mm which for the co entary were given by God . God in his

es n n goodn s desires us to be good , for the purpose of trai i g us n n n n n to a life of good ess a d helpi g us to attai to holi ess . He has prescribed for us all these rules and precepts which we must keep if we wish to realize the ideal . They appreciated the great favor which God has shown them in givin g them that precious ” i mun ts a nd . article , , the Torah with all its laws precepts

E z D a A n m n in 3 t se lea ar ) the y of to e e t , will the future age 3 5 fi nx fi cea T s n S n n to be observed . hese ayi gs how that the rabbis e tertai ed the hope a nd the belief that the ritual laws will no t be necessary a nd ther efore be

i F o r n m 3 3 5 v h ? abolished n the Messianic age . it i s evide t that the ter f in these sayi ngs refers to the Messian ic era a nd no t to the state of life A n afte r death . bout the latter state the rabbis have a other explicit say in n i n m a n m e n g, declari g that the life after death a is free fro the obs rva ce

a n mm n m n mam w an 71 am ne w ( S of y law or co a d e t, m p hab 5 1 b a nd no t m a n n r n n n bat ) , l ) , they do ake y exceptio egardi g tha ksgivi g m n m C n or even the D a y of Atone e t . The clai of hristia ity that the no m n n r Messiah had already com e a nd the law was ore bi di g, p obably had the effect that the ra bbis did no t care to express so often the idea that the ritual laws will at some futu r e tim e be abolished ( see my article “ m n n N m m in E n a . T , o is , Jewish cyclopedi , IX , p he sa e co sideratio m m n sim no doubt , pro pted the edieval Jewish teachers to explai away the ple meani ng of the Talm udic sayi ngs that the laws will be abolished in the n wa s dd h . . . s nsr o T o fo in Ni a . m future . hus T sso t , ad loc , s v m n " m n n a e while adm itti ng that the term W 1 9 5 ea s the Messia ic g , seek to identify this Messianic e r a with the era after the resurrection of

Ade r et in n 9 3 n L R S m n . R , the dead . ikewise . olo o b , his espo sa , t i terprets

no m e , the sayi ng , that i n the future the festivals will ore be obs rved to m ean that the m any persecutions a nd great troubles which will fall to the lot of the Jews m a y compel them to cease to observe the festivals . A very n i ngen ious but nevertheless i ncorrect i nterpretatio . l l RAB EI CENTRAL CONFERENCE OF AMERICAN S .

A o h m n n and com b t . ( . iii Far fro co sideri g these laws “ n m andments burdensome they realized their helpful ess . God ”

a n nn I . n n . was pleased to favor d e oble srael , says R Ha a ya b “ Akash a m y , therefore he gave the a copious Torah with nu ” 1 1 me r o us mm n m n co a d e ts . This belief that God gave us all

and of - n e the laws precepts the Torah for our own good , fi ds x “ “ n n r a Me pression in the very desig atio Em , our lover or the r ” ciful O n m ne , very ofte used as the na e of God in the halakic 1 2 discussions . Thus, the Rabbis refer to the author of these laws as the God who because of His mercy and great love for us gave u s all these comman dments which should help us to

and n o n Him m lead a noble pure life . They do t thi k of erely as a stern Lawgiver who issues decrees for purposes of His own mm n and co a ds His people to obey them for His own pleasure . They realized that God has n o profit in these laws and no other “ n in purpose tha to further the welfare of His creatures . For, m ” deed , what difference does it ake to God , asks the Rabbis , m h n how we Slaughter an ani al , or of w at ki d of food we par

an take , except that He desires by such laws d regulations to

His an d nn benefit creatures , to purify their hearts , to e oble their 1 3 characters .

1 ’ “ M a kko t m am mm ans mm was 5mm ns mm n npn nsw ( , 2 3h ) . 1 “ By applyi ng this designation to God the r abbis also wished to sug m i n m . B gest the thought e ye erciful , as your father n heave i s erciful L V i ( see uke . When they objected to those who would declare this idea to be the sole r easo n for certai n comm andm ents of the Torah ( Jer. Ma illah m n n n n m n n g , it was erely a reactio agai st the A ti o ian te de “ A C m m o n An n cies of the llegoristic schools . ( o pare y essay The cie t Jewish ” A i n T m a nd in J e wi sh ua r te r l Re vi e w new llegorists al ud Midrash , the Q y , 28 . 5 . series , Vol I , pp . ff ) 1 3 ‘ ‘ “ 7 3 1 3 1 na n: amn; mm m m no n: tame p a n J pn) new rm “ m m ; mama p : 1 5 nam e no i s 2 1 pm: I s 1 5 mmms: rims ‘ ‘ Ta nh uma b e 8 8 ( Bu er, Jan m In: ms i 9 mw a 1 3m: RS sn Q mwnn m m S n . 3 0 . C n . . L V T s i n he i i , p o pare also Ge es r X I , he idea expres ed this sayi ng greatly helps us to understand the psychological process i n the m i nd i m of the rabbis whe n engaged n i nute discussions of ritual or dietary laws . Their firm conviction that God gave us these laws for the pu r pose of m n n a nd m aki g us obler better, forced the to believe that all the detai ls of a nd m I n m n ae these laws help to serve thi s purpose ake us holy . the i uti 1 2 L OF AB BI CENTRA CONFERENCE AMERICAN R S .

E L R H THICA P URPORT THE PRIMA Y CONCERN OF THE ALAKAH .

I n deali ng with the laws of the Torah the primary concern of n n the Rabbis is always to discover the u derlyi g ethical purpose . I n some laws of the Torah this ethical purpose is explicitly

m m ustifi stated , in others it is i plied , and in still others the oral j cation is ascertained by the Rabbis o nly after long a nd arduous

b . E n one de ate ve the ritual laws of the Torah , where would

fin d m n n n and least expect to direct oral i j u ctio s , are studiously m n m n 1 4 often successfully exa i ed fro this poi t of view . It is irrelevant to discuss whether these ethical purposes inhered in n the text or were re a d into it . For us it is e ough that the teach ers of the Halakah believed that every law a nd command n men t of the Torah rested o a n ethical foundation . Their very m n n success , real or i agi ary , in discoveri g the ethical purport of so m n o m m a y ritual laws , c nfir ed the in their belief that the mm n and m co entary , consisti g of the ritual cere onial law , was ’ m necessary for the proper realiz ation of Hillel s oral text , and

its m that every precept of the Torah , be outward for what it ma n ot m y. served , if p atently , then at least subtly and i per ceptib ly toward the great and overmastering aim of moral per fe c ion S n n n m t . o stro g was their co victio that a oral purpose

in a in any inhered every law , that f ilure to discern the purpose particular case did not affect their attitude toward that law . When i ngenuity failed to u nravel the ethical purpose of an

y n no t of the ritual of numw the saw a m eans of teachi g us to be cruel to m T nfl n n m n ani als . hey believed , that to i ict torture upo a i als is forbidde ’ “ 1 3 S by the law of the Torah Nn fi i m mm 7113 17 ( habbat ,

y no t T , l 28b ) . I n the dietar laws they could see old abu laws for such a D n conception would have been out of harmony with their idea of the ivi e T T in n n character of the orah . hey saw the dietary laws be eficial hygie ic m n r r n n a nd l aws , or discipli a y ules to trai us to co trol our desires sub it T n m m n our i m pulses to a higher will . hey also co sidered the as a ea s to im r m m ake Isr ael disti nct as a holy people a nd keep h se parate f o all other nati ons . 3 6 n T n n i n L . . , H hus , for i sta ce , the precept of evit xiv the alakah fi ds m i ndicated the lesson that we must spare a nd save eve n the s allest article Ne a im n ( . , , of the possession s of others , eve of wicked people M g XII n n e F o r further illustrations of how the Halakah fi nds ethical lesso s i dicat d in the r itual laws see below . 1 3 CENTRAL CONFERENCE OF AMERICAN RABBIS .

n m n n its v a e act e t , they nevertheless cou seled obser nce on the ground that the disciplinary value of implicit obedien ce is in m n m itself a ea s to a oral purpose .

L w THE AI M OF THE A .

But they never lost sight of the fact that the legal en act ments and ritual laws of the Torah were merely a means to an m n end . , which is oral perfectio They declared that all the pre ce pts and ritual laws of the Torah put together cann ot equal in m n n n 1 5 i porta ce o e ethical pri ciple of the Torah . They strictly

the m n forbade observance of a ritual precept or cere o ial law , if such an observance involved the disregard of an ethical n 1 6 An m t m n pri ciple . act pro p ed by oral co siderations , even n n though it violates the strict letter of the law, is, in the opi io of m the teachers of the Halakah , of greater value than the ost care m n m n ful perfor a ce of a prescribed ritual act or cere o ial law , but which is purposeless as far as the ethical motive is con ” “ ” ” 1 8 n . . cer ed For, said they , God desires the heart They o n m m did not set a fictitious value ere confor ity . They did not hesitate to declare that sometimes the abrogation of certain forms of the Law might be the means for preserv ing the spirit of the

1 9 f . n i e n Law Whe the cause of God , , of true religio requires , n 2 0 I the the ritual laws Shall be abolished , say the Rabbis . t s n n the rest with the teachers of each ge eration , accordi g to m m n m Tal ud , to deter i e whether the cause of Judais will be n n m n furthered by the abolitio of certai ritual or cere o ial laws . n 2 1 They have the authority to abolish eve a Biblical law . Such were the views held by the teachers of the Halakah

‘ ‘ m n m me 1 3 m J e r . P fl m 1 a 1 5 mm p mm w mmsr: 5: i BwM eah , 1 d 6 . ) 1 6 v k 3 0a . m np: mean mm ( Su kah , ) ' ‘7 i N z 23 h . ne w s m mama ne w m ni: rem ( a ir, ) " n n 1 06b S » mm In : wn pn ( a hedri , ) 1 9 ) i M enahot 9 9 ab . mm mm 1 1 mm W as w m more ( , ) 2° “ M B nd e . 1 mm m m 15 me wmy ( . erakot , ) 2 ‘ i eb am o t 89h a nd 9 0 A J h . mmn p; 1 3 1 “I? ” l jnb ( , ) bout the restrictions to the application of this pri nciple see Nimuke J ose ph to “ ” J e b a mo t a nd m N m m i n i E n . . v I " . ad loc , article o is , Jew sh cyclopedia , 1 4 L OF A A BBI CENTRA CONFERENCE MERICAN R S .

b a nd a out the origin , character purpose of the Torah . These n f n n n views alo e Should su fice to disprove the curre t, false opi io s

' the cha r acte r an d n about of the Halakah , should vi dicate its

n - m n m teachers agai st the charge of narrow i ded legalis . These general statements made by the teachers of the Halakah reveal

to us the true ethical character of the Halakah . They Show us that the teachers of the Halakah always held before them

and man the ideal of the fatherhood of God the brotherhood of , and that in their discus sions a nd regulations they aimed to help m an walk in the ways of God the father and love m a n the m brother . They further de onstrate that the teachers of the m m w m Halakah e phasized the true otive po er for all oral action ,

nn a nd n n that is, the i er ethical will , that they i sisted not upo n m o n an outward co for ity to the letter of the Law , but ethical n religious life accordi g to the spirit of the Law . A detailed examination will prove that the Halakah i n all

n n n and n its teachi gs , whether defi i g applyi g Biblical laws or

its o wn and enacting laws of , is guided by ethical principles ,

com by the desire to realize the prophetic ideals . The Halakah n An m prised the e tire life of the Jewish people . atte pt , there

' n te achi n s wo uld fore , to give a detailed discussio of all its g

m to n m m . ean prese t a co plete syste of Jewish ethics This , of Y nn n in o ne a nd in o n e n . course , ca ot be give paper sessio our

D S m n h as me I m m president , r . chul a , suggested to that li it yself to a discussion of those regulations of the Halakah which deal

wa s n ne . with questions of social righteous ss This , i deed , a very

w n is d ise suggestio , as this part of the Halakah best fitte to demonstrate the fact that eve n i n its mi nute discussions and in legal regul atio ns the Halakah e ndeavored to carry out the pro

h i n n . p et c ideas of j ustice a d righteous ess We will , therefore , examin e some of the laws and regulation s of the Hal akah deal n n m an d ing wi th relations betwee neighbors , betwee e ployer

m a nd n a nd n . I e ployee , seller buyer , be efactor be eficiary t will be our e ndeavor to learn what ethical pri nciples underly the Halakic teachi ngs regulati n g these v a rious relations between

m n n An I ma m n a a nd ma . d if y be per itted to a ticipate the

m n I sa find results of y i quiry , would y that we shall that the passi on for soci a l righteousness characterized the teachi ngs of I CENTRAL CONFERENCE OF AMERICAN RAE R S .

c om the Rabbis as it did the uttera nces of the prophets . The

" bin a tion of law a nd religion i n sisted upon by the Halakah did

no t in n n m m i n result reduci g religio to ere legalis , but resulted n n 2 2 givi g to the la w the sanction of religio .

CONSERVATION OF LIFE ONE OF THE CHIEF CONCERNS OF THE H ALAKAH .

We begin our discussion of the ethical prin ciples contained in the teachings of the Halakah by first exami n in g one of the central ideas aroun d which many of the ethical prin ciples are A n n grouped . very characteristic idea u derlyi g the ethics of n the Halaka h is the high regard for huma life . The idea ex pressed in the Biblical story of Creation that all men are created in the image of God is considered by the Hal akah as a fun da 2 3 m n n o f J m n n mm n e tal pri ciple udais , seco d o ly to the co a d ” m n : n l e t Thou shalt love thy eighbor as thyse f . This idea m n m in m h as teaches that every hu an bei g , ade the i age of God , n h im D n — his —an d withi a ivi e spark soul is , therefore , cap a ’ n in n n ble of helpi g to realize God s plan the u iverse . The D ivi e

22 T s in R n t n n he pa sages abbi ic li erature , expressi g the idea that ho esty

a nd n n a re n m to upright ess are esse tial for the religious life , too u erous be

n o n cited here . I shall o ly quote here e utterance of the teachers of the Halakah which declares emphatically that o ne cannot believe i n God

a nd - m h n a n . To se fta eb uo t 6 be disho est to his fellow S , II , , it is said

“ 1 p1 v3 1 9 1 2 27 111 mm”: W 1 1 3 [31 8 me A m a n ca nnot act treacher ously

- ma n n n I n n n toward his fellow u less he de ies God . de yi g the right to his

- m a m n n n v n n n iz . fellow he de ies the fu da e tal pri ciple of the religio , , that

mm n a d God co a ds us to be righteous n do justice . 23 “ 1 m: new 13 mam: 5m 55: at ne w sni pp m 1 m: 1 m; m am m V V “ S K e do sh i I l e iss . 1 ifra , , editio 5 1 13 51 1 ) 553 m £11 3 11 11 5111 1130 m 9 mm . 8 h . R i n n y a nd l n p abad his co e tar , ad loc . , Ja kut to Ge esis , ’ t B e n Az za i s sayi ng is to be u nderstood i n the sense that the belief that m a n i s m a de i n the i mage of God is no t greate r i n i m portance but m m n n mm n m n ore co prehe sive tha the co a d e t , thou shalt love thy neighbor m y . T n n as th self he for er gives the reaso for the latter . It ide tifies the

mm n m n th v n mm n co a d e t , thou shalt love eighbor as thyself , with the co a d

m n L r . L y n y e t , thou shalt love the o d thy God ove th eighbor as th self

y m in m a a nd n m a n because , like th self he is ade the i ge of God , by lovi g ,

H m a n y C C m a is creature , you ifest our love for God the reator . o p re also V " D R. N n V I n i n A . n C . S . 3 2b . the sayi g bot atha , ersio I , h , chechter , p 1 6

CENTRAL CONFERENCE OF AMERICAN RABBIS .

m n n the cause of hu a ity . The violatio of the law for the sake of preserving the life of a human being really becomes the means n i of helpi g to realize the purpose of the L aw . That th s was

’ the reason for igno ring the Law when danger to life was in ’ volved , is expressly stated by the Halakah . Thus the Halakic “ principle the S abbath is given to you an d n ot you to the S m n S m abbath , which ea s that the abbath ust be violated n m n n at t whe the life or health of a hu a bei g is s ake , is supple “ me nted by the further explan ation : V iolate one sabb ath for

a n so m a m n the s ke of this i dividual , that he y live to keep a y ” 2 9 m n n S . abbaths This ea s , save life at the cost of violati g the m a n b e m Sabbath , for the life thus saved y co tri ut uch to the n h cause which the observa ce of the Sabbat is to serve . The principle expressed here in regard to the S abbath is applied by the Halakah to all the other laws of the Torah . The Halakah subtly emphasizes that they were all given i n order that man 3 ° ma m n h v y live by the a d not die because of t e m . The purpose

n m an in m of the Torah bei g to guide his labor for hu anity , it

- would defeat its o wn purp o se if it deprived itself of laborers b n n n y i sisti g upon a too strict observa ce of its precepts .

H L CONSERVATION OF EA TH .

Sin ce potential usefulness for the caus e of human ity deter m n m i es the value of life , it follows that the i perative duty of n preservi ng human life applies to all without disti ction . The n n Halakah , therefore , co siste tly teaches th at a person owes the same duty to his life a nd his health as he owes to the life and health of others .

CONSERVATION OF LIFE .

- A m an has no right to dispose of his life without considera

- n n m n . tion of his fellow m a . For he does not belo g to hi self alo e

He belongs to humanity at large in whose cause he is to work .

’ - - 28 T W 1 05b . g uy s p nou fins p m nm m“my 0 3 5 Mekilta Ki isa , eiss , 29 e a m e : e m W 1 06a rmn man n n m me M y ssa ibide , eiss , 30 a S . A 86h an; mw a 3 51 an: m ifra hare , XIII ; Weiss , p . . S n n 4a a hedri , 7 . 1 8 L RAE CENTRA CONFERENCE OF AMERICAN BI S .

1 3 n 13 m n . He is the , the serva t of the a y He has , therefore , no right to withdraw from his post of duty a nd deprive hu m hi n anity of s service . E ve if a man sees no purpose in his continuing to live and believes hims elf to be a burden to so cie t his I m y, he has no right to dispose of life . t ay still b e m him n m co e possible for to re der so e service to humanity . He

ss has no right to deprive society of this po ibility , Slight as it m n a . S m n y be uicide , u der any circu stances , is , therefore , stro g l n mn i y co de ed by the Halakah . I t s considered as an act of m G o d 3 1 urder for which will hold the suicide responsible . The ’ Halakah forbids not only to destroy on e s life but even to ruin ’ ’ ” n nfl one o e s health or to i ict injury upon s body . I n discuss ing the dietary laws the Halakah is guided by the pri n ciple that it is much more important to avoid i njury to health than to v n l 3 3 a oi d violatio s of Biblica injunctions . Nay , even to hurt oneself by fas ting or to deprive oneself of a legitimate pleasure ’ n in 3 4 n is co sidered a s . To care for o e s body and keep it in good 3 5 in health is declared by Hillel to be a religious duty , for doing n this we co tribute to the public health .

CONSERVATION OF PROPERTY .

Just as one has no right to inj ure his body or ruin his health because of the evil cons equen ces for the health and welfare of his - m an no t t n k fellow , so he has the righ , accordi g to the Hala ah , to waste his property because such a n act may result in evil

hi - man s uan for s fellow ma n . Thus the Halakah forbids a to q

n s m me n der his fortune eve for charity , le t he hi self beco a burde ” I m n n n n upon society . f a a cuts dow you g trees , eve if they

31 n mm m e m s nmmwa: 1 m mm a 1 The decisio , m n n mm t i n , declari g suicide , whe co it ed order to escape disgrace per is

As he r i R n n B e sa mim R , sible, which is ascribed to ( espo sa collectio , osh B rii ll and n n Ashe ri . S is a false decision , was ever give by ee Jacob ’ - 2a Ch a e s I e re s B iko ve s . l l b l . i n his notes to hi s edition of H . j g , p 32 mm 9 1 b . 1 mm: mm ms 1 m B . Ka a , 33 n l oa . m anner: smut: swan Hulli , “ B mm a nd Ta a nit 1 1 a . c . . Ka a , l . , , 3 5 L R x 3 . eviticus , . xx iv .

36 " “ oc nrnnn K o 50a . mmn5 ne w m e s o me mp m m S r etub t, 1 9 CENTRAL CONFERENCE OF AMERICAN RABBIS .

3 7 m an in o wn n n . I are his garde , he Should be pu ished f a tears m n 3 8 m n in m n n . any gar e ts our i g for the dead , he is to be p u ished

I 11 1 11 12211 53 the n n either case he has violated the law of , prohibitio n n l n against wasteful ess . The pri cip e u derlying these Halakic

n ma n m m m n regulatio s is the idea , that is a e ber of the hu a family and as such h e must have consideration for the i nterests

m A man h a of this larger fa ily . lthough a s the right to dispose

his n ot of property , the exercise of this right Should result m in har to others .

RAMIFICATIONS OF THE SAME PRINCIPLE .

’ The Halakah regarded it as a man s duty so to use his own p o ssessions as to i ncrease his useful ness to society and en han ce

- n - m en the well bei g of his fellow . This high regard for the wel fare of our fellow - men is the guidi ng pri n ciple of the Halakah n n m n n m n i in its laws about the relatio s betwee a a d a . It s not n n l e ough that we Should not i j ure the ife , health , property ,

‘ n and wellb ein n ho or , g of our neighbors ; we should co cern our

h n and n n m n A n selves with t eir preservatio e ha ce e t . ccordi g to the Hal akah this duty is incumben t upon us even in such cases where we could n ot be compelled to do so by the letter of the

n - law . This duty exte ds even to fellow m en who by their own m n n n conduct have forfeited their clai upo our co sideratio .

D G O MAN THE I NITY F . A few regulations of the Halakah will suffice to Show that “ n an d n n an this was its spirit . The ho or perso al dig ity of y ” m r e hu an being , declares the Halakah , are to be so highly ” 3 9 n la w garded as to set as ide a y prohibitory of the Torah .

n man Thus , if the observa ce of a ritual law is apt to subj ect a

n n ma n to i dig ity , that law y be dispe sed with . This considera n n m n tion for perso al dig ity ust , accordi g to the Halakah , be ex tended even to those who h ave apparently lost their sense of

n a nd m mm m dig ity degraded the selves by co itting a cri e . This

" S D 2 1 F m n I I I b M akko t 22a . ifre , eut . , 3 ; ried a , ; , “ B mm h . Ka a , 9 1 . 39 3 81 b . mi me 11 mm 5 nmw mmnn 1 1 3 : Shabbat , 20 L RAB E CENTRA CONFERENCE OF AMERICAN I S .

n a n pri ciple , ccordi g to the teachers of the Halakah , is expressed

: I m an an in the Biblical law f a Shall steal ox or a sheep , an d kill it or sell it , he Shall restore five oxen for an ox and ” 3 E . 7 E n four sheep for a sheep ( xod xxi . . glish Bible xxii . They poin t out that God himself respects the honor of n fi every creature , eve of the thief . The ne for steali ng a sheep

m n an in n is s aller tha for stealing ox , because steali g a Sheep

m on the thief was probably co pelled to carry it his Shoulders .

U m n a nder these circu sta ces , the H lakah says , he was certainly n n m put to i dig ity . I t is this hu iliation which the law takes 4 0 n a nd fine into consideratio reduces the .

W I G P UNISH MENT ITHOUT NDI NITY .

In meeti n g out pu nish ment we must be careful no t to add “1 n m disgrace . The thief who is sold i to servitude ust not be

‘ 4 2 n a sla v e insulted by bei g called . Neither is he to be treated m 4 3 as a Slave by being ade to do the work of a Slave .

W D SERVITUDE ITHOUT ISGRACE .

The regard for the person al feelings a n d sensibilities of our

- men n fellow , taught by the Halakah , is especially show in its regulations concernin g the relations between master and Servant n A distin ction is here made between servant a d slave . The master has no right to humiliate the servant by making him

4 4 h s n to do low or degradin g work . He as no right to as ig the

a n k n ot n m serv t wor which he does eed , erely for the sake of An m n keeping the servant busy . d lest the aster prete ds that he m n him n needs the work , the Halakah re i ds that whe the Torah an prohibited the master from ruli n g over the serv t with rigor , “ it adds the words : But thou shalt fear thy God ( Leviticus 4 5 n in . xxv . who k ows wh at is thy heart The Halakah further enj oins that the servant must be given the same ki nd

” Mi sh a tim 9 5h B . mm 79 h . Mekilta p , XII ; Weiss , , also Ka a , ‘1 Ma kk t o , 22b . “ Mi sh a tim 81 h . Mekilta p , I ; Weiss , “ m 82h . Ibide ; Weiss , “ m Ibide , l . c . “ S B e de tiv W 1 09 . ifra , ehar, VII , eiss , 2 1 ERI CENTRAL CONFERENCE OF AMERICAN RA S .

of food a nd the sam e kin d of dri nk which the master partakes . n n n n The pri ciple which u derlies these regulatio s is , that o ly the ’ n product of the servant s labor belongs to the master . This alo e n n the master pays for an d has a right to dema d . The perso al honor an d human dignity of the servant are his o wn sacred

m n n n . v n rights , which the aster dare not i fri ge upo The ser a t

- n in is to be treated as a fellow man in all respects . E ve regard to the C an aanite slave the Halakah rules that the master has

n m him n o t n . o ly the right to ake work , but to i sult R n n n n Joha an Shared his meat a d wi e with his slave , declari g that the Slave was a human bei n g like himself and applying to “ him 1 5 : D n ot m me the words of Job xxxi . id He that ade in the womb make him ? ” 4 8

LAw THE DECISION THAT B ROKE THE B ACK OF THE SLAVERY .

A most striki n g illustration of this spirit of the Halakah is found in the following discussion about a Slave who has acquired m a title to half of his freedo . The school of Hillel at first was inclin ed to decide that the half - Slave should work one day for m n n m n m his aster a d o e day for hi self . This arra ge ent would

n own m be just accordi g to the civil law , for to a slave eans to hi s . I enjoy the product of labor n this case , therefore , where

n m a nd th e him there are two ow ers to the slave , the aster slave ’ o f self, the product the Slave s labor should be equally divided . S mm n e The school of ha ai , however, poi t d out to the school of Hillel the fact that such an arrangement would provide well m n for the aster but ill for the slave . The latter would be wro ged

an n m n him n by such arra ge e t , because it fails to give a defi ite in n m n status society . By this arra ge ent he has either the ad

o f m n vantages a free a nor the privileges of a slave . He is not

m n n m nor per itted , for i sta ce , to arry a slave , has he acquired ° i m a n m i the r ght of rryi g a free wo an . In this way he s de

rive d a n n I n p of the in lie able right of foundi g a household . n n m n co sideratio of these argu e ts , the school of Hillel agreed

m 20a Kiddushi , .

Nidda h 4 ne u S RSI mm : mi nyS , 7a . “ mm . B . 6 Jer Ka a , VIII , 0 . 22 A OF R CENTR L CONFERENCE AMERICAN ABBIS .

S mm n with the school of ha ai , that for the betterme t of the world a nd m m n n — 1: i z n the i p rove ents of the social co ditio s 51 pm p pm e , the m aster be compelled to give the Slave a bill of freedom and receive from the Slave a note for the amou nt which is still 4 9 due .

G H L L G THE PUBLIC OOD THE ALAKIC ODESTAR OF E ISLATION .

The Halakah takes cognizance of the fact that the strict ap n n m plicatio of the law of p art ership would give the aster ,

. n n in n n ow i g half interest the slave , the right to co ti ue this ° ’ partnership a nd to Share the products of the Slave s labor in

n . nS n m was defi itely However , the Halakah decides that w p p m n n in for the sake of i proving the social co ditio the world , the master should be compelled to consider the Slave as a human ’ n n th e bei g with i alienable rights . For sake of the slave s well being the master should forego his right of continuous p art ner hi m a s n s p . C o p re thi high regard for the perso al rights of the Slave with our modern method of speaking of worki ng ” “ ” men as m n n ere ha ds . We advertise for ha ds , we engage “ ” “ ” n n n we ha ds a d discharge ha ds . In our industrial world “ n n deal o ly with ha ds , forgetful of the fact that these ” hands belong to human bein gs with hearts and feelings and n n m with a se se of dig ity . Our odern factory legislation could learn from the Halakah to apply the pri nciple of nSwn p pm u se O ut of regard for the moral improvement of society we owe

h NVe m t e laborer more than the stipulated wage . ust regard

n m and n n . his perso al co fort , his health his se se of dece cy

E MPLOYER AND E MPLOYEE .

O ther regulations of the Hal akah deali ng with the employer a nd the employee are prompted by the same ethical spirit as and e m shown above . They seek to protect the laborer at th Sa e

“ 49 1 11 8 mi map mm 7 t up 1 3 1 m m y mm 1: p sm u p mane m R a nm mo re i n: M S fi rm SSn m: p m .ampn S m y mm m m pn , aSwn p pm u m: RSR 1 3 1 8 mm m Rwi S Sm u m rinse Re aS SSn m3 m m mm u mSp aw mm mm 1: 111 1 8 ne w m nR p m: M Edu mm: ma o t 1 1 3 . m w : y , , o m 23 CENTRAL CONFERENCE OF AMERICAN RABBIS .

m time to show due regard for the rights of the e ployer . In order to do both and establish friendly relations between em

an d m n ot m ployer e ployee , the Halakah does hesitate to odify I n so and even to overrule Biblical decrees . doing the Halakah expressly declares that we Should be guided by ethical con n n m n n Sideratio s eve when they - ake it ecessary to decide agai st I n n the letter of the law . n the following i sta ce , the Halakah A n finds an exception to the Biblical law . ccordi g to the Bib lical m an is n m law a who sued for withholdi g oney or valuables ,

his nn n in n n can establish i oce ce , the abse ce of evide ce , by taking n a on oath . This law, accordi g to the Halakah , is not to be p plied in the case of an employer who is sued for withholdi ng m I n the wages of an e ployee . this case the Halakah decides against the Biblical law and takes the privilege of the oath m n n h f away fro the defe dant a d gives it to t e plainti f . The employee affirmi ng his claim by oath is awarded the p ayment 5 0 on of his wages . This decision is j ustified by the Halakah

n em the suppositio that it will please both p arties . E ven the ployer must needs be pleased by such a decision as it will work m n a in hi n ulti ate adva t ge s favor . The Halakah is of the Opi

of n ion that the strict application the Biblical law , givi g the employer the right effectively to deny on oath the claim of the n m m m m I m worki g an , would ulti ately har the e ployer . t ight earn him a bad reputation and make it difficult for him to m n 5 1 secure working e .

’ E " S L F R D G TENT OF ERVANTS IABILITY O AMA ES .

Likewise , the Halakah frees the hired laborer from p aying the damages for an article spoiled by him accidentally in the

n . n m process of h andli g O ly, he ust take an oath that the dam age was caused by accident or mistake and not by willful negli gence . This regulation the Halakah declares to be a rabbinic i nstitution for th e purpose of facilitatin g transactions between m 5 2 the lab orer and his e ployer . The following decision given

l” M . S heb uo t , VII , 1 . m S heb uo t , 45a . 52 M z Rm mo a B . e ia 8 a n mpn 1 : wi ne , 3 . 24

CENTRAL CONFERENCE OF AMERICAN RABBIS .

n pose of spiti g his neighbor . Nor can he argue petty advantage

n ne n f in favor of his co duct . O illustratio will su fice to explain this Halakic principle .

r A and an Two brothers or pa tners , B , divide estate between m O m A h as n n the . ne of the , , a other piece of property adj oi ing Th e him the estate in question . Halakah gives the option of choosing that part of the estate which j oin s his other property ;

n n ot m te m advan the other part er, B , is per it d to clai the petty tage which might accrue to him from h avin g his estate protected o n A both Sides by the property of . The Halakah weighs the advan tage of B over agai nst the disadvantage that would arise A m n to fro havi g his two estates separated , and decided in n favor of A . By the letter of the law B is not bou d to consider n n n A m the co ve ie ce of , and fro a legal point of view he could i nsist upon his right to choose or to h ave the choice decided by ’ . n n n lot However , such an i sistance upo o e s legal rights with ’ out due regard for the convenience of his neighbor s is con demn e d by the Halakah an d is characterized as the attitude of m the wicked people of Sodo . The Halakah as sumes the author n m n in m e 5 3 ity to preve t people fro acti g such a ann r .

R G O A J G N G I HTS F D OININ EI HBORS .

The followi ng laws obtai n in the case of adj oi ning n eigh m bors . The Halakah de ands th a t the interests of adj oining n in neighbors be co sidered the disposition of property . The

n in mm 1 3 1 m v halakic regulatio s this regard are called , The ” n n n rights of adj oi i g eighbors . Accordi ng to these regula tions a property - owner h as a prior claim to purchase adj oini ng e n property ov r any other perso . I f the owner of the adj oi n

ing property ignores this right of his adj oi ni ng n eighbor a nd

n ma o m sells the property to a third perso , the latter y be c

o to n n re p lled tur over the property to the adj ace t neighbor , ce ivin n the D g o ly purchase price . The Halakah quotes eut . “ 1 8 : vi . : And thou shalt do that which is right a nd good in the ” sight of the Lord as a a justifica tio n for gra nti ng these rights

53 m o e 1 2a . n mt: Sp p m: ibide , 26 A OF A R CENTR L CONFERENCE AMERIC N ABBIS .

5 4 The to the neighbors . teachers of the Halak ah believed that it would be displeasi ng to God if on e should not give his n n neighbor prefere ce over a stra ger .

S L W OME A S OF PARTNERSHIP .

The same tendency of fostering frien dly relation s is foun d in other regulation s of the Halakah which aim to settle peace

n s n fully the differences between part er Thus , for i stance , if one of two p artn ers desires to bring about a dissolution of the p artnership , the Halakic regulation is as follows : I f the property or busi ness to which they are partners can be equally

so not in on e divided , that each half does depreciate value , can 5 5 e . force the other to divid However , if the property is of n such a ature that , when divided in two , each h alf will have

e v e . n on e l ss alue than fifty per c nt of the whole , the partner

- cannot force the oth er to divide the property . In this case the dissatisfied partner has the right to fix an equitable price upon his half and force the other eith er to purchase it or sell him

wn m r e 5 6 I his o h alf at the sa e p ic . n this regulation the Halak ah is prompted by the desire to maintain peaceful relation s b e n n if tween the part ers , realizi g that forced to stay together strife would ensu e . For the same reason the Halakah prohibits one partner from selling his share in the property to a stranger without the con

5 7 n ma sent of the other partners . The new p art er y not be agree b a le , and should , therefore , not be forced upon the other p art m n m ners . The teachers of the Halakah ade th e above e act ents

- m for the establishment of good will . They felt the selves justi

fied in so on n aim doing , the pri ciple that the and purpose of the entire Torah is to establish peace and good - fellowship amon g 8 me n 5 .

“ m a C m i n C mm n a Ibide , 1 08 b . o pare also Vidal hi s o e t ry Maggid Mish ’ neh m n H h eke nim end to Mai o ides Jad . ilkot S , , about the ethical purpose of the laws of mm; 1 : l” M . B . B 6 . atra , I , 56 l 3 a . 1 1 3 3 m 1 1 ; B . Batra , " Me zia a B . , 1 08 . l” G ittin , 59 b . A CENTRAL CONFERENCE OF MERICAN RABBIS .

E B THE THICAL CONDUCT OF USINESS .

On the same prin ciple the Halakah prohibits a m an from bidding for an article whose purchase is bein g considered by 5 9 ’ n n - m n a other . Consideratio for one s fellow a is at the bottom of the halakic prohibition against openin g a barber Shop or a tailor Shop or the like in a neighborhood where on e already n n exists . For the e w shop is bou d to take away trade from

o ne . n n ot the older Th is restrictio , however, does extend to n 6 0 I n stores which supply the ecessaries of life . the latter case the open ing of new stores m ay act as a wholesome check upon m n n n n n n the o opolizatio of trade by a y o e store o a y street . The Halakah preferred to encourage legitimate competition in order that the poor consumer might get the necessaries of life

as as m cheaply possible . Thus the Halakah per its the store keeper to give little gifts to the children who are sen t by their m n n m parents to ake purchases , for the purpose of i duci g the to m 6 1 n n m co e again . The Rabbis did ot co sider this a for of m m m n rebate , but a for of legiti ate co petitio .

L W G M " N L A S A AINST ONOPOLI ATION OF ECESSARIES OF IFE .

The same regard for the needs of the poo r consumer was the motive of the Halakic regulation prohibiting dealers from put tin g articles of food into stora ge for the purpose of raising the 6 2 m i . S s price i ilarly , it prohibited to export articles of food to foreign countries lest this practice would raise the price Of these

” i m 21 K ddushi , 59 . ” B . B 2 1 h . B n n n atra , y this disti ctio betwee a trade which supplies

n a nd n n n n b e the ecessaries of life other busi ess , the appare t co tradictio

O n R n S m m a nd n H n . twee the pi ion of . u a , who followed i o b Ga aliel , the B m n n n araitha , per itti g to ope a store whi ch s upplies the ecessaries of life — —Or - n n m a bath house , which i s also co sidered a ecessity i s re oved . “ m L z E . 3 03 n Ibide , l . c . a arus , thik , I , p , i correctly states that the m n n m Halakah forbids thi s practise of co petitio . He evide tly istook the

O n R e n . H . T H pi io of Judah for the accept d alakah he accepted alakah , how

n n o f m e R . ever, follows the opi io the ajority of the t achers who opposed m m m n m n a nd . S Judah per itted thi s for of co petitio ee Mai o ides , Jad

H Me ki ra h V 4 a nd S ha lh a n A H o sh e n M i sh a t 228 1 8. ilkot , X III , , ruk , p , , t m i m I b de , 89 b . 28 AL OF R CENTR CONFERENCE AMERICAN ABBIS .

6 3 m m o articles at ho e . S o e teachers go even s far as to p rohibit

' 6 4 m n m n in foo dstuffs n the aki g of profits fro deali g , evide tly n n m m n i tendi g to exclude the iddle a . Th e Halakah also gave the authorities supervision of all dealings in articles of food and m 6 5 n mn power to regulate arket prices . The Halakah co de s the 6 6 practice of adulterating food as well as of selli n g articles under 6 7 false labels .

' S ome of these halakic regul a tions concern ing matters of business may seem quite antiquated in the modern world of P n m n m business . ossibly this artless ess ay spri g fro the fact that the Rabbis i nnocently believed that even business furnished n n n a field for the cultivatio of the virtues . We are not co cer ed m n n n with the applicability of these laws to oder co ditio s . We are i nterested in the fact that the Halakah considered business

m an a n V in fro ethic l poi t of iew . Q uite keeping with this a tti tude we find that the teachers of the Halakah were opposed to “ ” “ i n n n what s popul a rly k ow in our day as Shoppi g . I f you ” 6 8 n n ask w as have no i tention of buyi g , do not the price the “ m m sa D an axi of the Rabbis . They also y, o not bargain for y ” 6 9 a n n o rticle if you have no mo ey . I t is t right to cause the store - keeper u nn ecessary work and to arouse expectation s which

no n n n n n we have i te tion to gratify . These i j u ctio s of the Rabbis m a n ot m n y prove popular with oder Shoppers in fact , they were not h n e a probably popular wit ancie t shoppers , but their thic l

a nn v lue ca ot be denied . L G T J USTICE ABOVE E AL ECHNICALITIES .

Led by the tendency to consider the Spirit of the law , the Halakah teaches that a m an should n ot avail himself of a legal

“3 m . Ibide , l . c

“ - M 9 0 a . was S : R n: wh enIS 1 1 0 8 B . B atra , “ m a 89 . Ibide ,

Mish a im " t 9 6a . Mekilta p , III ; Weiss , “7 - H n 9 4 a . n no n m ulli , It is forbidde to sell to a Jew trefah eat , because the no n - J ew buyi ng it in a Jewish butcher shop is m isled to believe it to m be kosher eat .

68 i a S B I V up S mm mm mm m ran nun: 1 S wnR RS i fra . ehar, ; Weiss ,

1 07d .

69 B M zia 1 0 To se fta 1 . . e 4 3 5 1 1 3 p aw npwa npnn 91} 1 1 mmRS M , IV , ; ,

2 5 . III , 9 CENTRAL CONFERENCE OF AMERICAN RABBIS .

- m n in m a . privilege whereby he har s his fellow Thus , for

n a m n n ot m sta ce , the debtor is d o ished to avail hi self of the n i 7 0 Sabbatical year to avoid payi g h s debts . The teachers could m n n in m b e not very well express this ad o itio the for of a law , 2 cause ac co rdi ng to a law in the Torah ( Deut . xv . ) all debts w l ere canceled by the S abbatical year . Therefore they cou d only urge upon the debtor to forego his legal right because in “ sisten ce would work against the spirit of the Torah whose ” ways are ways of pleasan tness and all whose p aths are peace . I n like manner the Halakah strongly con demns certain a c

s m tion which violate the higher oral law , although they do n not co stitute a violation of the civil law . The verdict of the “ Halakah in such cases is : He is free accordin g to the laws of ” m n 7 ‘ e n m . , but guilty accordi g to the j udg ents of God

H L D N T H L W A AKAH OES O ESITATE TO ABOLISH B IBLICAL A S .

W no w n n n e tur to a co sideratio of those cases , wherein the Halakah fou n d it n ecessary to abolish certain Biblical laws which it conceived to be out of harmony with the Spirit of the I n Torah . such cases they would justify their procedure on “ the pri n ciple mentioned above that : W hen the cause of true

m n l ma religion de ands , certai aws y be mw S m:

mm n an As a nd a im n 1 peace brotherly love is the of religio , in they would abolish such laws of the Bible , as, their opin ion n n and A n , te ded to lesse peace brotherly love . few i stances

ma 7 2 y be cited here .

- n n n n Pr o l First is the well k ow i stitutio of the sb u . This

nullifies D 1 - 2 practically the law ( eut . xv . ) which declares that S the abbatical year cancels all debts . This ins titution was in tro duced by Hillel because he observed that the effect of the

70 m M h iit am n : m . S eb " 9 m o m ma mi me : 3 m , , . 7 ' i n 1 1 i To se fta h u o mm n e 3 2 m i S eb t B . 1 n was , III , Ka a ,

I cite here o nly such cases i n which the Halakah a vo w e dlv declares n that it co sciously changes or m odifies the biblical law for som e ethical .

n . T m n n n i n H reaso here are , however, a y other i sta ces which the alakah , nfl n n n n n i ue ced by its higher ethical co ceptio s , u co sciously , so to speak , n n explai ed away or cha ged biblical laws . 3 0 F CENTRAL CONFERENCE O AMERICAN RABBIS .

was m n n Biblical law to deter people fro loa i g to the needy , a practice which violates the higher moral command of the Torah D 9 m ( eut . xv . ) which enj oins upon us not to refrain fro

lending to the poor . Another i nstan ce of abolishi n g a Biblical law is foun d in m n the Halakic enact e t, tending to facilitate the collection of m m debts . The Biblical law requires the sa e severe exa ination n in m of evide ce civil as in cri inal cases . This would obviously complicate the collection of debts and discourage the creditor

m n A u m m fro lendi g . s this wo ld ulti ately work h ar to the

borrower, the Halakah therefore , ignores the Biblical law , giv “ ing as its reason in order not to close the door agai nst the ’ 7 4 prospective borrower .

is n The following another instance , where the Halakah cha ges n m m a Biblical law , realizi g th at its application ight beco e the cause of unfair dealings and the source of friction in busin ess n A n relatio s . ccordi g to the Biblical law a purchase of ch attels n is consummate d by p ayme t of purchase price . The teachers

an d of the Halakah feared , no doubt their fears were based n n upon actual experie ces , that the applicatio of this law would

e n e n n . I be productiv of evil results u der c rtai co ditions f , for

n an m i st ce , the purchaser failed to re ove the purchased article mm v i ediately , there is a possibility that the seller , having recei ed

the price , would not take such care of the article , as if it were hi m s . I n n own n case of da ger by fire , for i stance , he ight be

m n ot n m te pted to put forth any effort to save it . E ve if he ade

an n such effort and failed , the suspicio of carelessness would in m n n arise the i d of the purchaser . Thus the applicatio of the m n Biblic a l law ight result in mutual distrust a d ill feeling . To

avoid this the Halakah rules , contrary to the B iblical law , that i n mm n 7 5 purchase s co su ated o ly by actual acquisition . Here n n n m agai , we are not co cer ed with the relative erits of the m n Biblical and halakic laws . We are erely i terested in the fact that th e change made by the Halakah was prompted by the

. S heb iit 3 . M , X ,

74 - 1 i S n n 2b 3 a 88a . 1 115 35 3 “51 SW”; sSw a hedri , , Ketubot , 7 5 z B . Me ia , 47b .

3 1 CENTRAL CONFERENCE OF AMERICAN RABBIS .

n ethical consideration of avoiding strife a d dispute . This fur ther proves that the teachers of the Halakah made the laws of n the Torah measure up to their ethical sta dards . It was only because of their conviction that the aim and pur

was and and pose of the Torah to establish peace love , justice n e a s righteous ess , that the Rabbis dared apply to th Biblic l law n the test of ethical valuation . When they realized that u der the changed con ditions a given law could no lon ger serve that

h m . high purpose of the Tora , they did not hesitate to odify it

’ SOME OBITER D ICTA W HICH SERVE To S HOW THE MIND S

CONSTRUCTION .

We have en deavored to ascertai n the ethical stan dards of the Halakah by exami ning some of its direct en actments and in certain changes made by it the Biblical laws . We now pass to a consideration of a n umber of in direct statements made by the teachers of the Halakah which wi ll serve to confirm these

n m n ad deductio s . The ideas expressed in debates , the argu e ts v anc ed in m the discussions of various laws , the casual re arks m n n n m n ade in explai i g certain Biblical e act e ts , are very tell ing i ndications of the prin ciples w hich guided the teachers m m m in of the Halakah . These i pro ptu re arks , expressed dis

n and m dis eussio s , reveal the ch aracter the oral outlook of the

utan n find p ts. This is especially the case whe we the teachers of the Halakah raisi ng obj ections to some of the laws or to certai n applications of the Law on the grou n d of ethical con n n sideration . I Shall cite a few i sta ces of such discussions in m n which reveal the ethical ideas always the i d of the Rabbis . I shall select these i nstances from themes which seem to ofie r n n very little scope for the expressio of ethical pri ciples .

S B A M E ABBATH URDENS ND THE ESSIANIC RA .

Thus in discussi ng the prohibition agai nst carryi ng a burden

on S man m a the abbath, the rule is laid down that a y carry on his person that which is generally considered an article of

d nm n n n ' a or e t or decoratio . O e of the teachers expressed his opi nion in favor of permitti n g a man to wear hi s armor on

S o n th e a m is an m n n ni m n the abbath ground that r or adorn e t , i p 3 2

CENTRAL CONFERENCE OF AMERICA N RABBIS . son with the view of ascertainin g whether he was correctly in

m n m his for ed , whe he ade vow , both as to facts and as to pos m sible consequen ces . To this end the court per itted itself to point out a ny grave consequence that might have escaped n n n the notice of the perso , but which , if k ow , would h ave de m te rr e d hi .

ask at R . Meier advised that we should the person , if the time of makin g the vow he was aware of the fact that his vow m n n m ight i volve the violatio of a oral law . The court should “ sa him I n n a v ow y to , f you had know that in taki g such you ‘ were violatin g the law Thou shalt not avenge or bear any ’ ‘ 1 8 n ot grudge ( Levit . xix . ) and the law , Thou sh alt hate ‘ in x ix I . thy brother thy heart ( bid . and the law , Thou ’ e a I 1 8 shalt lov thy neighbor s thyself ( bid . xix . ) and the law

mm s n to in co anding you to give as ista ce the poor , expressed ‘ ’

3 6 ma . the words of Leviticus xix . , That he y live with thee Did you consider that the person against whom you vowed might become poor a nd thus you would be p revented from r en ” n him ? I I n deri g succor unto f he says , Had know all this — 7 8 I would not h ave vowed that m an is free from his vow . n m Wh at stronger proof do we need tha the exa ples quoted , that m ma the Rabbis were always ani ated by the highest ideals . We y a m dis gree with the as to the whole subj ect of vows , but we must admire the high moral plane whereon they discussed this m purely for alistic subj ect .

E A N G RUB CEREMONY ND EI HBORLINESS .

A nother instance of this kin d is foun d in the rules of the n n m n Halakah co cerni g the E rub Hazerot . By the cere o y of the

E m in one fictitiousl n t rub , the fa ilies living court are y u i ed

n o n e d n me one mm m ac i to househol by taki g a al in co on roo , I n m n cessible to all . this cere o y the teachers of the Halakah saw a way of establishi n g peace and friendly relations between the i nhabitants of the same court or the neighbors on the same 7 9 n m street . A story is told of two e e ies who became reconciled

N . e da rin 4 M , IX , . 9 I I J e r . E rub in . 20d e y r, “ mp nn gn; p awn , III , p . 3 4 A CENTR L CONFERENCE OF AMERICAN RABBIS .

m n An d through this cere o y . the Rabbis conclude , that in this manner is illustrated the truth of the saying that all the ways of the Torah are ways of pleas antness and all her paths lead e 80 to p ace .

m ' The sa e thought suggests itself to the Rabbis , when they discuss the selection of the palm branch as one of the four plants 8 1 to be used on Sukkoth .

T UNIVERSALISTIC ENDENCIES .

The Rabbis tried further to carry out the purpose of the Torah by enacting a whole group of laws for the sake of further 82 in m n men e n J w a d . g p eace a o g all , gentile alike Thus , for i nstance the Halakah en acts that we should do charity to the , ,

non - sh ould b ur poor, of Jews also , that we y their dead and attend to their fun erals and deliver for them fun eral addresses and condole with their mourners j ust as we would do all these

n in and m thi gs to Jews , order th at peace goodwill ight prevail ;3 among al l men }

THE TAL M UDIC I DEA THAT CHARITY I s J USTICE NOT E " CESS

OF LOVE .

The last - mentioned regulation s brin g us to a discussion of the n n halakic rules co cer ing charity . This subject I will only touch upon very briefly because it has been exh austively treated by I n n n several authors . these rules the te de cy of th e Halakah “ m m a n mm n m n ve to ake fulfil the co a d e ts , Thou shalt lo thy “ ” and ma e e e neighbor as thyself, that he y liv with the , cl arly m n anifests itself . Here agai , the te a chers of th e Halak ah

wa n f n realized th at it s ot su ficie t merely to p reach high ideals .

9° - m 1 0 mSw nmi nm: Sm um: m a mart 3 mm Rm R Ia ibide , "1 3 2h Sukkah , . 8“ n 8 a nd To se fta 4 M . Gitti , V , , , V, 5 . 88 T se fta n . m n n 1 a o Gitti , l . c That the ea i g of the phrase p p m 3 1 1 mp ” i s for the sake of furtheri ng pea ce a nd good wi ll am ong all m e n a nd “ ” no m m n n i n a m t erely to ai tai n peaceful relatio s w th the heathe , s so e

C n n h a s n L z r hristian theologia s would i terpret it , bee proved by a a us , ’ - E . 1 82 83 a nd F . P B ou sse t s R n J n m . thik , I , pp , erles , eligio des ude tu s 35 CENTRAL CONFERENCE OF AMERICAN RABBIS .

n n They realized the ecessity of establishi g laws , whereby those who were able should be compelled to give charity an d whereby the commu nity would be compelled to ren der assistance to its

n n as depe de ts . Here , elsewhere , they realized that practical legislation must be content to achieve what is possible un der m n t n n the circu sta ces . Thus , whatever lofty ideas abou spo ta eous in n and charity they expressed their agadic uttera ces, they h ave m n in n m n n n a y such ideas , their legal e act e ts they co fi ed their m efforts to what they considered practical . They ai ed to secure for the poor the help that he n eeded and to impress upon the n him I n rich the obligatio that rested upon . other words , they

to m m ri - : nn tried ake of ch arity what its Hebrew ter , p n co otes , n m a ely , justice to the rights of the poor . This idea of jus m n m tice in charity , de a ds that charity be collected only fro those that are able to give and distributed only amon g those n who really eed it . The Halakah , accordingly , regulated by

n and n . y law, the collectio distributio of ch arity The deter mi ned by law those who must contribute an d in wh at proportion n m m n m to their i co e . They also deter i ed those to who charity n n m 84 Should be give a d how it shoul d be rightly ad iniste red . They permitted on e exception to the rules regardin g i nvestiga n n n 85 tion . A hu gry person should be fed without i vestigatio . In all these laws laid down in the Mishnah an d the Talmud and m e bodied in all the later h alakic codes , there is a spirit of broth and m erly love true sy p athy for the poor . These laws lay especial n n stress upo protecti g those who are compelled to take ch arity . Assistan ce Should be rendered in such a manner that the re cipie nt be made to feel that he is receivi ng justice a nd n ot char m n ity . In this an er the idea is emphasized th at we are all

n one in I m brothers , childre of Father Heaven . f we give fro

our abundance to the poor, we are , according to the Halakah , ’ acti ng a s stewards in our Father s household and we give to th e

"4 n a nd To f a P a nd i n Mish ah se t eah , n sayi gs scattered throughout the T m m n a d M a tteno t Ani im a nd S h u lh a n A al ud , see , also , Mai o ides , J , yy , ruk

- Y D 246 259 . ore eah ,

85 ‘ B . B r 9 a n n n R . mn ms p p n: p g at a , , accordi g to the opi io of

B . Judah , which is supported by a araita 3 6 A CENTR L CONFERENCE OF AMERICAN RABBIS .

F ather intrust d poor brother what our e to us for that purpose , o n for we and our good belo g to the Lord .

CONCLUDING T HOUGHTS .

I feel that the above examin ation of the halakic laws and ’ regulations con cern i ng man s relatio n to his fellow - ma n will co n

s n an d vince the unbia ed th at the Halakah , in i terpreting apply

in as its n m n g the Biblical laws , as well in own legal e act e ts , was n guided by the highest ethical pri ciples . We have seen that as t n m practical legislators , they of e had to content the selves with

m n a n erely approachi g the ide l , but they ever forgot the two n m n fu da ental pri ciples , the fatherhood of God and the brother

o f m n m n hood a . They constantly kept before the the visio of a m n n n united hu a ity worshipi g the o e true God .

A PRIEST PEOPLE MUST BE DISTIN CT .

E ven when occupied with those halakic regulations which n I m te ded to keep srael sep arate fro the other peoples , as , for

n n m a n d i sta ce , the dietary laws , the peculiar custo s religious

m no t cere onies , the teachers of the Halakah did forget these

not n m lofty ideals . It was co te pt or hatred for other people that prompted the teachers of the Halakah I II upholdi ng a nd n n m n m developi g th ese ritual laws a d cere o ial custo s . Neither n w nn did the teachers co sider these la s of pere i a l value . As we

n m co m have heard above , these laws were co sidered erely a m n w m m n n n n m e tary , hich at so e ti e a d u der certai co ditions ight

n n A m n a nd m eve be dispe sed with . ll these cere o ial laws custo s were conceived by the tea chers of the Halakah to be a useful m n n in n n ea s to a oble end . They served , the opi io of the

m I n a nd a nd n a teachers , to ake srael a disti ct holy people to e ble him to teach his moral a nd religious truths to the other peoples I n n n of the world . their aga dic sayi gs these teachers ofte ex pressed thei r hope for the ultimate con version of all n ations

o ne n r e to the worship of God . They displayed a readi e ss to

ce iv e and m r o elv te n n r e welco e p s s . They eve recog ized the

8" M A 8. . bot , III , CENTRAL CONFERENCE OF AMERICAN RABBIS .

li ious m n g equality of the pious ones a ong the ge tiles , the

nSI n mR w on a not fOr ma ll n m . p m , lthough y co verted to Judais With all that the teachers of the Halakah were convin ced , — an d we share their conviction that it wa s absolutely n ecessary for the priest and teacher of the nations to preserve his iden

m n s nc I . I tity , that srael as a religious people should re ai di ti t n their opi nion the dietary laws and the peculiar customs were the surest safeguards of the Jewish identity and most con ducive for the preservation of the distinctive religious character of the

n c an sa Jewish people . No stude t of Jewish history dare y that n n n n they were wro g . Nobody can de y that these a cie t Jewish

m a teachers acco plished their purpose . By their h lakic regula tions they preserved the Jewish people and through it the her

ita e m M n n g of the prophets , Judais . oreover, these a cie t teach e rs of the Halakah h ave showed how to preserve Israel and his I n n teachings . their path the Jewish teachers of all subseque t n generatio s have followed .

W I T G CONTINUITY OF J E SH HOU HT .

- m in We , the present day teachers of Judais , also follow the n n path of those a cie t teachers . We preserve the conti n uity

s n and I n of Jewi h teachi gs Jewish religious thought . spirit

and n n a nd n in purpose , in pri ciples of co duct in esse tials of

on e n n I belief , we are at with those a cie t teachers in srael . We m m in m n differ fro the the details of practice , but these are i or d ff n . I m n n n i ere ces t is true , that a y of the laws a d regulatio s m n M n of the Tal udic Halakah h ave bee discarded by us . a y of the practices taught by the an cien t teachers have been abolished n M n because they h ave outlived their useful ess . a y of the ritual forms an d religious ceremonies which served the an cien t teachers

n n o m in m as vehicles for religious ideas , bei g ore har ony with m n n n m I n our oder ideas , have bee cha ged or odified . deed , the whole system of civil law which formed a great p art of the m l Tal udic Halakah has been re egated to the civil authorities .

m a n in n This , too , paradoxical as it y sou d , is keepi g with a “ m L n i ta La c ws in t Tal udic pri ciple which declares g that , the civil law of the country is to be considered as the civil law of 3 8 R CENTRAL CONFERENCE OF AMERICAN ABBIS .

difl e re nces m nd the Jew . However , all these in custo a practice do not constitute essential differen ces between us an d

b . our predecessors , the Ra bis of old The existence of these dif fe rence s does not indicate an i nterruption in th e con tinuity of On n e w . th Je ish tradition the contrary , thei r very prese ce m s n n e pha izes this continuity, for cha ge does not always i dicate w a break ith the past .

M H THE ODERN ALAKAH .

I e m m n “instituting these chang s , we are erely doing the sa e m n . e co thing which our a cient teachers did Th Halakah , as a

m an d m m plex of laws , for s custo s , is not so ething fixed or per m I m m m . ts ve nzSn anent ry na e , Halakah , , suggests ove ent and

n n an d n . progress . There has always bee a older a ewer Halakah

m was n n n Fro its very beginning , the Halakah co sta tly changi g an d n O is n developi g . urs the you gest Halakah , representing e m n e n m its latest d velop e t , but it is still th livi g strea of m m Jewish Halakah . We also h ave a co plex of laws for s and — , m Ou r . custo s , whereby we regulate our religious life Halakah I ff n n w n a good and su icie t se se we are also separatistic , as ere our forefathers . We also keep ourselves distinct and sep arate m in fro all other peoples our religious life . We have a ritual o wn m n of our and religious cere o ies of our own , which are for the most part the same as those of our forefathers o nl m odi , y , fied m n and adapted to our ti e and cou try . We also h ave cer m tain peculiar for s for expressing our religious ideas . We have

S . W our Jewish festivals , our historic Jewish abb ath e worship in n wa ow . in our own y and our houses of prayer Thus , we i n n n are , a religious se se , separatistic as were the ancie t teachers m e n m n of the Halakah . Like the , w also wa t to aintai our Jewish

- identity ; we seek to preserve the priest people Israel . We use m n m n n the ea s we think best fitted for our ti e . The a cie t teach m ers used the means they thought best fitted for their ti e . The m a a k a h i n s t a s t h an n m m odern H l e cie t Halakah , ai s to acco plish

m e nd I a s - the sa e , to preserve srael th e priest teacher of the

n 6h. Gitti , 3 9 CENTRAL CONFERENCE OF AMERICAN RABBIS .

n n n n us n atio s . Nobody would thi k of accusi g of havi g forgotten

rO he tic n an d n the p p ideals of love , justice , righteous ess u iver sa l brotherhood in Spite of the fact that we are in a sense sep aratistic . I t is j ust as illogical to accuse the ancien t teachers of the Halakah of havin g forgotten the prophetic ideals because of n n n n n the separatistic te de cies fou d i their Halakic teachi gs . The an cient teachers of the Halakah realized that if Israel was to accomplish his task of spreading the kn owledge of God on m n earth , they ust preserve the age t who is to do this work , they must se e to it that Israel Should not become submerged amon g the n n A - atio s of the world . nd we , to day , whose task it is to continue the work of the prophets and of the an cient teachers m ‘ of Judais , likewise realize , that in order to carry out our

' m n n e wish issio , it is absolutely ecessary that we preserve our J

n m e religious i dividuality . We ust keep ourselves religiously s p m n n a d a wra o n n . arate fro the other peoples be p r , a holy atio Thus alon e c an we accomplish our mission an d bring n igh the “ time when the earth will be full of the k nowledge of God as ” se the waters cover the a .

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