Q&A: Jewish Law’s Consideration of Morality
Jewish Law’s Consideration of Morality
Question
The fact that Jewish law and morality are two different categories—does that mean that Jewish law does not take morality into account? That is, that halakhic norms are always non-moral (“non-” not in the sense that they are against morality)? If so, how does that fit with the fact that Jewish law recognizes overarching principles such as “human dignity” / major financial loss / great suffering / etc. etc.? After all, here Jewish law is saying that if some norm conflicts with an overarching (moral) principle, sometimes one should act against it.
Answer
Indeed. When morality enters Jewish law, it does so only through rabbinic enactments. Sometimes the Sages see fit to formalize a moral obligation and incorporate it into Jewish law, but only at the rabbinic level.
Discussion on Answer
Search here on the site for “Jewish law and morality.” No enumerator of the commandments counts this. It is an expectation, not a commandment.
What about “And you shall do what is right and good” — that’s Torah-level, isn’t it?