Jewish Wisdom by Philosophical Library

Author:Philosophical Library
Language: eng
Format: epub
Publisher: Philosophical Library/Open Road
Published: 2017-07-26T16:00:00+00:00

THE JURISPRUDENCE OF THE TALMUD

TALMUDIC LAW differs from other systems of jurisprudence in its all-inclusive character. It is not confined to the realm of social relations. It seeks to implement the entire range of values which are taught in Judaism, whether they derive from religion or morality. We may define its goal as the enforcement of those elements of doctrine and conduct that the rabbis deemed indispensable to the life of the individual or the community.

Talmudic law concerns itself with doctrine, but it does not establish dogmas that must be believed in as true. On the level of opinion great freedom existed in the Jewish community and individuals were allowed to follow their own inclination of heart and mind. There was ample literature expounding the basic conviction of Judaism and the very diversities of thought and interpretation were deemed a source of strength in Jewish tradition. Truth cannot be contained in one easy formula. Like the fire which breaks into many sparks, so does truth break into many fragmentary truths, which are caught by diverse human minds. Talmudic law centers on the discipline of action, but the actions which it prescribed were also a vehicle of doctrines that the rabbis deemed indispensable in their way of life.

Law, Theology and Ritual

Talmudic law recognizes two general categories of value. One is the duties which derive from man’s relationship to God; the other is duties which derive from man’s relationship to his neighbor. The laws dealing with man’s relationship to God are, in a sense, the implementation of Jewish teachings in theology. They are intended to deepen man’s consciousness of those doctrines through repeated actions in which they are enshrined. Thus Talmudic law ordains the recitation of the shema (Deuteronomy 6:4) affirming the unity of God, twice daily, morning and evening. It establishes a ritual of daily public and private prayer. It formulates the specific texts of the benedictions on partaking of various foods. Through these rituals man was to be made more keenly aware that he is living in God’s world and that he must be ever grateful for the privilege of enjoying its manifold blessings. To accept what the world offers us without a thought of what we owe to God for it, marks a man an ingrate. As the rabbis put it: “It is forbidden a man to enjoy the things of this world without a prayer.”2

The law governing man’s relation to God often serves also as a precautionary measure to prevent the transgression of more fundamental principles or doctrines. The rabbis pictured the basic elements of religion and morality which they wanted their people to maintain as a kind of vineyard that must be fenced in against violators. This was one of the guiding rules of the men of the Great Assembly: “Build a fence to the Torah.”3

The law as a “fence to the Torah” is clearly illustrated in the widely ramified rules bearing on idolatry. The cult of idol worship was widespread throughout the Roman empire, and its visible symbols, images of all kinds, dotted prominent sites in city and country.

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