Q&A: Jewish Law and Morality
Jewish Law and Morality
Question
Hello,
I’m currently spending a lot of time on the relationship between Jewish law and morality. I read your article in Akdamot (from many years ago) regarding Jewish law, and Rabbi Yaakov Ariel’s response, which dealt mainly with the relationship between morality and Jewish law. He seemingly presented a different approach from yours. After reading many of your writings on Jewish law and morality, I wondered how much he actually disagrees with you, or whether he simply wants to emphasize certain aspects you did not address. After all, he accepts the basic distinction between morality and Jewish law, meaning that these are separate systems, but his claim is that despite that they are intertwined with one another on a certain level. Is that really a disagreement? In your view, is there no influence at all of Jewish law on morality, and vice versa? I would appreciate it if you could point to the point of disagreement, if it exists.
Thank you!
Answer
Briefly: he argues that morality is included within Jewish law (though there are laws that do not touch on morality), and perhaps is even identical with it (that all laws express a moral principle; that seems to emerge in several places in the writings of his teacher, Rabbi Kook). I, on the other hand, argue that there is no connection whatsoever. Jewish law is an independent category: in my view there is no Jewish law that pertains to morality (except for rabbinic enactments that bring morality into Jewish law). This is definitely a fundamental and substantive dispute.
Discussion on Answer
*words = his words
I didn’t understand the question. Natural morality is included within Jewish law. And indeed, the prohibition concerning a priest’s wife who was raped is moral.
Does he hold that there is a Jewish/divine morality that differs from the natural one? I don’t know (I assume here too he follows Rabbi Kook). I haven’t delved too deeply into a view I don’t agree with.
How does this fit with his view that there is indeed natural morality? According to his approach there is also natural morality and also “divine” morality (for example, would he say that the prohibition on a priest’s wife who was raped is moral?) What does this duplication actually mean?