Q&A: Jewish Law and Morality in the Literature of the Sages
Jewish Law and Morality in the Literature of the Sages
Question
Hello,
From what I understand, your view is that Jewish law and morality are two separate and independent value systems. Even so, in the Talmud and the literature of the Sages there is no clear separation between them. Is there a systematic way (at least in the Talmudic text) to understand where it is speaking about Jewish law and where about morality?
Answer
From the context and the reasoning. I don’t know of any clear rules for this. Those who tried to give rules failed (for example, Rabbi Wolbe claims that whatever appears in the Rif is Jewish law, but that isn’t correct. There are things that appear there that are not Jewish law, and things that do not appear there that are Jewish law).
Discussion on Answer
Is “your life takes precedence over your fellow’s life” also a moral principle, or only a halakhic one?
Y.D.,
In principle, you can learn various things from it, but it has no authority. As I understand it, usually this is human wisdom like any other philosophy, except that it was said by people who are connected to Torah. That gives it added value, but it is definitely not decisive.
As for “your life takes precedence,” in my view it is both. Halakhically because of the authority of the Talmud, and morally because of the reasoning.
Thank you very much for your answer.
In a case where we identify a certain passage as not being about Jewish law, what is the right way to relate to it?
As a source of human wisdom like any other philosophy? Or as God’s will, but not something binding, rather an expression of principles for how to behave?