Lex Specialis
If morality existed in the world before the Torah was given, why don't we always reject moral values in favor of Torah values? After all, God knew that there was an obligation to morality, and yet He gave the Torah with commandments that contradict it.
And perhaps we should prefer the commandments over morality for the sake of lex specialis? Otherwise, the commandments that conflict with morality are null and void. Slaves, a beautiful woman, killing a Gentile who was raped by a Jew, killing an Amalekite, four deaths in a synagogue, etc., etc.
לגלות עוד מהאתר הרב מיכאל אברהם
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0 Answers
I have discussed this in detail in several places. I will return briefly.
In a fundamental conflict, that is, in a situation where the observance of the law always and in a structured way contradicts morality (such as the killing of an Amalekite baby, the separation of a priest's wife who was raped from her husband, the law of bastardy), the law does indeed prevail. Perhaps except in very extreme cases of a sin per se. But when the conflict is accidental, then this is not necessarily the case. In such cases, the lex specialis goes both ways.
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השאר תגובה
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