Q&A: The Theory of Laws
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.
The Theory of Laws
Question
Could you explain why it is necessary to say that Rabbi Shimon Shkop’s legal concepts and their implications belong to a completely extra-Torah domain that reflects human and natural morality, rather than saying that this is an inference, based on reason, of the Torah’s own will (recently a certain yeshiva head said that he understands Rabbi Shimon’s words as meaning a rational inference of the Torah’s will)? I would appreciate a detailed explanation of your approach on this matter. Thank you.
Answer
I don’t understand the difference.
Discussion on Answer
I don’t understand. Give a concrete example.
A book called The Laws of God has come out, which argues that Rabbi Shimon Shkop, particularly in Ketubot 60, 69, is talking about human and natural morality that obligates a person to act. If that is so, then I can’t speak of having fulfilled a commandment or refrained from a transgression, but only of having acted in a humanly moral way. And likewise, none of the Torah legal categories we know would apply to this, such as majority rule, which is a scriptural decree, or kim lei be-derabba minei; nor would one be fulfilling the commandment of Torah study when engaging in this topic. On the other hand, if this is a regular Torah domain, then the Torah categories would apply to it.