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Q&A: Formality in Jewish Law

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Formality in Jewish Law

Question

The Rabbi wrote in one of his biting (and very beautiful) articles:
 
"I am willing to accept the claim that sometimes a principle rooted in an understanding of reality is turned into a formal principle detached from its source, if only as a tactic used by someone who lacks the tools to deal with the difficulties. But in my view, such a thing can be done only in certain cases, when there is a need and justification for it, and that is indeed what was always done. But nowadays it really looks like a cancerous growth. Significant parts of Jewish law are losing their meaning and appear absurd on their face, and many people, including outstanding Torah scholars, are therefore losing faith in Jewish law in general and in the rabbinic establishment in particular. The One above is my witness that I am no small formalist myself, and nevertheless, precisely because I do not believe in the Leibovitzian detachment between Jewish law and its contents, I am not willing to accept such sweeping formalizations."
Could the Rabbi expand on this a bit? When is formality justified and when is it not? If there is no clear boundary, then when do we say this and when do we say otherwise? I would be grateful if the Rabbi could elaborate a little.
 

Answer

It is hard for me to spell this out in detail. In general, this is what I explained. Maimonides also writes in the Guide for the Perplexed that details of a commandment can be fixed for reasons of formalism, uniformity, and clarity, but it is not reasonable that a significant part of the commandment-system itself would be of that kind. I should add that I do see commandments as embodying non-moral values, and therefore from our perspective they are formal in a certain sense, but here I was speaking about things whose basis lies in an understanding of reality.

Discussion on Answer

Nahum (2019-10-23)

Where is that article?

A. (2019-10-23)

In the comments on "The Gentile Whom Jewish Law Did Not Recognize," which was published in Makor Rishon — see here under the Articles category.

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