Q&A: The Torah as the Will of God
The Torah as the Will of God
Question
With God's help,
Hello and blessings,
I once heard from you the principle that the Torah has a dual status:
1. A commandment among the 613 commandments. 2. A value as a phenomenon that reveals God's will.
(And this is also stated in the novellae of Rabbi Isaac Zev Soloveitchik at the end of the laws of blessings in the name of his father of blessed memory, and you cited it from Rabbi Wolbe's book Commandments Equal in Weight.)
You argued then—and it makes sense—that the main devotion to Torah study is because of the value in the thing itself, and indeed those are fine words, fitting for the one who said them. But I have two difficulties with this:
1. I am studying Two Are Holding; the beginning of the chapter—actually, the overwhelming majority of it—deals with the laws of plaintiff and defendant. There are many discussions there that do not have even the slightest basis in the Written Torah; it is all logical reasoning—the status of the holder as in possession of half or all, migo (to extract, since he could have remained silent, from one monetary case to another), "certainty does not remove from definite possession" (2a, Tosafot beginning "and this one takes a quarter"), admission of a litigant, "here it is," and so on. True, there is the supporting witness, and majority, and priestly gifts on pages 6-7, but all of the above require real effort when they are not themselves God's will. Perhaps one could say that God's will is that we conduct ourselves according to them—but then we are back to the value of commandment and the technical study of learning in order to conduct ourselves and know what to do (like Torah study for women). God's will is that we judge just laws, but seemingly secular systems of civil law could answer that need just as well. Is plaintiff-and-defendant really nothing more than "Torah in the person"?! I am astonished.
2. A similar difficulty occurred to me this past Shushan Purim. I spent a little time discussing the laws of sending portions, and then I realized that this is basically just something human beings invented and I have to do. After all, Rabbi Meir Simcha said (Meshekh Chokhmah, Deuteronomy 17:11) that God's will is not necessarily in the body of the command itself; if so, there is no intrinsic value in studying all rabbinic laws. And if you say Purim and the Scroll of Esther are different, since they are not nullified in the future to come (Maimonides, end of chapter 2 of the laws of Megillah), and they are like Torah itself (as Rabbi Isaac Zev Soloveitchik infers in his first piece on Megillah), and their foundation is in the words of the prophets and divine inspiration—I would be glad if you could also explain that category—what about the rest of rabbinic law?
With esteem for the Torah and deep gratitude from the bottom of my heart for your contributions to the world of Torah in particular and Judaism in general,
Miki
Answer
I did not understand the description at the beginning of your remarks (I do not remember what was being discussed there), nor the connection to the questions.
As for the difficulties you raised themselves, Nefesh HaChaim in Gate 4 and Tanya chapters 4-5 already wrote that the study of Jewish law is the study of God's will and is cleaving to Him Himself (for He and His will are one). Jewish law, which is God's will, can also emerge from the reasoning of the sages and their interpretation, for He implanted those reasonings within us, and therefore everything is a revelation of His will. There is no difference between laws that emerge from reasoning and laws that are written in the Torah. In fact, there are no laws written in the Torah that do not pass through interpretation, except perhaps something the Sadducees would also agree to—and those are a very tiny number of laws.
If this does not answer, perhaps clarify the sides of the issue and the difficulty more.
Discussion on Answer
Regarding plaintiff-and-defendant laws derived from reasoning "that God implanted in us":
After all, among the nations too, as is known, there are amazingly wise people who built systems of law, and despite all the reasoning in them, that is not Torah study. So what distinguishes laws stated by the sages of Israel in terms of the reasoning within them?
Summary
1. Your claim is that plaintiff-and-defendant is also Torah in the object, since reasoning is itself Torah.
2. Secular systems of civil law also answer to reasoning.
3. Secular systems of civil law are not Torah.
First, in the commandment of Torah study the distinction is different. The commandment of Torah study is reciting the Shema morning and evening. Torah study by virtue of its fundamental value is everything else. This is not a relationship between command and content, but between command and that which goes beyond the command. But regarding commandments in general, there is indeed the command and the content/essence.
As for your question, rabbinic laws too contain compelling reasonings, but they are weaker. For example, separating food from waste, which is prohibited only rabbinically, has a compelling logic for forbidding it. But this is a selection not strong enough for the Torah to forbid it. The underlying logic, however, is God's logic, just as in separating waste from food. It is just that even according to His standard, it is not strong enough to forbid. Note well: when I say the reasoning is not strong, I do not mean it is not correct. It is entirely correct, but what the reasoning says is that it is fitting to forbid, while the prohibition is weak. For example, the Torah could have raised the threshold of prohibition and forbidden only things punishable by karet or execution by a religious court, and then all ordinary prohibitions would have been permitted by Torah law. But that would not mean there is no compelling reasoning in a regular prohibition. The reasoning is compelling, but the prohibition that emerges from it is weaker. And so too in our case, when the threshold is above rabbinic prohibitions.
Think about it: after all, even compelling reasoning is the reasoning of the person who thinks it. So why are you satisfied with compelling reasoning? Clearly because compelling reasoning expresses the will of the Holy One, blessed be He. Rabbinic reasoning also expresses His will, only it is a weaker will. One can say that a rabbinic prohibition is half a Torah prohibition—and not as people usually think, that there is no Torah-level problem in it at all.
From this you can also understand that if there is non-compelling reasoning—not in content, but in its logical force—that is not a prohibition at all, but at most a possible prohibition.
And as is known, the later authorities already distinguished between two types of rabbinic restrictions: expansion of the forbidden labor rabbinically—these are exactly the weak reasonings I defined above—and a decree lest one come to the labor itself, where there is no essential reasoning at all, only a technical reasoning that perhaps one may fail and come to a Torah prohibition. But even that is a compelling reasoning; it is just that the act in itself is not problematic at all. I should note, however, that Rabbi Abraham Isaac Kook wrote in Mussar Avikha that even fences and decrees contain something of the prohibition itself. And the words of the Netivot HaMishpat, that rabbinic prohibitions are on the person and not on the object, were said either about prohibitions of the second type, or perhaps also the first type, because at the end of the day the Torah did not forbid it. The problem is in the object—a problem of half a Torah prohibition—but the prohibition is only on the person.
See an interesting article about this by Daniel Weil in Higayon 1. I do not agree with his bringing quantum logic into the sages, but his proof from the sugya of the golden city that a rabbinic prohibition is half a Torah prohibition is good.
It follows that when one deals with a rabbinic law—at least those that are half a Torah prohibition—one is learning God's will, but the weaker wills. As for fences, there is room to discuss, because in themselves they involve no problem at all. But even person-based reasonings are God's will of "make a safeguard for My safeguard."
If you study what the nations established and find in it reasoning, you have learned Torah. Every correct reasoning contains an aspect of Torah study. True, so long as the sages did not insert it into Jewish law as a rabbinic law, perhaps it is not really Torah in the object. In any case, it is Torah not because a non-Jew said it, but because it is true.
I only understood the Rabbi's nice answer, not Miki's question (:
Rabbi Meir Simcha established in the Meshekh Chokhmah cited above—and the same is stated by Rabbi Moshe Chaim Luzzatto, brought by Rabbi Elchanan in the essay you often quote, "Repentance"—that there are two aspects in commandments: obedience to the command, and realization of a certain value. The first component is equal in all commandments, and about the second it was said, "Be as careful with a light commandment as with a weighty one," and "Torah study is greater than all the commandments." Torah study as a commandment is on par with tefillin, charity, and lulav; its specific value is what gives it its unique status. You wanted to argue something similar regarding repentance as well: that even if it is a commandment, its main greatness is because of the value it embodies—free choice, and so on.
Rabbi Meir Simcha further argued that when the sages enact a law, the first component—obedience—exists, but there is no spiritual value, as is explicit in the Atvan DeOraita that the sages do not create legal status in the object itself, and in the Netivot, well known in section 34, and the matter is ancient.
Now when the sages enact a law, that is not fully compelling logic, as you explained in your article about the force of logical reasoning, where you brought proof from Shevut Yaakov part 3, section ? (I would be glad if you reveal how you found it—did you simply learn straight through?) that rabbinic enactments, although they have logic, are less necessary forms of reasoning. If so, when one deals with the parameters of a rabbinic law, one is dealing with understanding Mordechai's logic when he instituted sending portions, or King Solomon's logic when he decreed impurity regarding hands. I am clarifying the will of the sages, because according to Rabbi Meir Simcha—and a whole string of later authorities, and this also seems logical—God's will is not in the body of the command itself ("Would that there had been no command about this at all," roughly his language there regarding the warning to Shimei son of Gera not to leave the city).
If so, the status of Torah study regarding rabbinic laws returns to being like the other commandments, for when it does not contain the realization of the value, it is equal, on the side of the "commandment," to tzitzit, tefillin, and mezuzah. Only the added value inherent in it gives it its unique status, and that seemingly does not exist in the study of rabbinic laws.
And if you say that it is God's will that we follow rabbinic laws—granted, that is true, but still this is not engagement in the divine will, but engagement by the light of and under the command of the divine will. The value of Torah study is engagement in that will itself, as you wrote in your answer.
In summary (I assume a syllogism will make it easier for you 😉 )
1. The importance of Torah study is because it engages with God's will.
2. On the face of it, in rabbinic laws there is no God's will in the thing itself, only that people obey the framework.
Conclusion: in the study of rabbinic laws