[net.religion.jewish] The Talmud

samet@sfmag.UUCP (A.I.Samet) (05/24/85)

> I pose this question to the net:  Is the Talmud an unchangeable work of God,
> written down by Jewish scribes, or is it the work of men interpreting the Torah,
> and thus subject to re-evaluation?

	Frank always has good questions.

	Imagine what would be if there were no court system  in  America.
	everyone would go around interpretng the laws as he liked, or saw
	fit,  and  the  law  would  not  really  function  as   intended.
	Fortunately,  the  writers  of  the  constitution  established  a
	judiciary branch of government.

	If the Torah were given without designating   specific  authority
	for  its  interpretation,  no  one  could  ever  claim  that  any
	interpretation was authoritative. Therefore the Torah  was  given
	together  with  an  oral  law,  which  was  transmitted via Moshe
	rabbeinu to the sages, ands from the sages of each generation  to
	those  of the next. Part of this written/oral package was the law
	which designates the Sages as the sole authorities for ruling  on
	its interpretation.

	The Talmud is a record of  that  process  of  jurisprudence.  The
	process  continues, via the sages of each generations, until this
	day. G*d's plan was that the  sages  would  fulfil  the  role  of
	a "supreme  court" (lehavdil).  Such a supreme court reflects the
	will of G*d by  FAITHFULLY  explaining  His  Torah  just  as  our
	supreme court (supposedly) explains the constitution (rather than
	introducing innovations which were not there.)

	(The sages were also given certain legislative  authority,  which
	is a separate mitzvah and issue.)

	We are bidden to regard their rulings as the reflection of  G*d's
	will,  and  we believe that he guides them, so that we obey their
	rulings just as we obeyed the rulings of Moshe rabbeinu.

	In Moshe's time,  Korach  tried  to  undermine  this  process  by
	challenging  the  legitimacy  of  Moshe's authority, arguing that
	everyone  could  interpret  the  Law.  There  have  been   groups
	throughout  history  who  have  tried to usurp authoriry from the
	sages who received the oral Law via a chain leading back  to  Har
	Sinai.

	Today, some groups and individuals try to exploit the Talmud  for
	this  purpose.  They argue (as Korach did) that the oral Torah is
	really a work of man, and  they  thereby  license  thmeselves  to
	rationalize whatever they want via  their so-called "halakha".  A
	key difference between the legitimate rabbis and  the  fakers  is
	this:  The former are committed to  subjugating themselves to G*d
	and to a rigorous discipline of jurisprudence, while  the  fakers
	prostitute themselves to "man-centered" interests and they  twist
	the talmud mercilessly towards those ends.

                                Chag Sameach To All

                                                Yitzchok Samet

david@fisher.UUCP (David Rubin) (06/05/85)

> > >     ..............................  Such a supreme court reflects the
> > >     will of G*d by  FAITHFULLY  explaining  His  Torah  just  as  our
> > >     supreme court (supposedly) explains the constitution (rather than
> > >     introducing innovations which were not there.)
> >
> > The side comment by Yitzchok is illuminating, ironic, and contradictory.
> >
> > Illuminating in that it reveals Yitzchok's sympathy for the
> > Conservatives' desire for a strict interpretation of the U.S.
> > Constitution.
> 
> 	Sorry, but the pigeonhole is incorrect (and not relevant  to  the
> 	subject  of  the Talmud).  Actually, I have no preference one way
> 	or the other concerning  the  constitutional  issue  (strict  vs.
> 	broad). I hoped that readers would understand that the analogy to
> 	the supreme court is necessarily simplistic  and  not  get  side-
> 	tracked   by  the  obvious  differences.  I  threw  in  the  word
> 	"supposedly"  only to  avoid  the  side  issue  of  discrepancies
> 	between  ideal  and  practice, not to suggest that I favor strict
> 	construction. Actually this issue deserves to be addressed.
> 
> > Ironic in that he implicitly presumes that, while the secular
> > jurisprudence is subject to error and may be questioned in good faith,
> > religious jurisprudence is not and may not be.
> 
> 	Why not ask me to clarify what I meant before  attacking  me  for
> 	what  I  presumably presume?  It sounds like you're interested in
> 	criticism rather than information.  However, since you  raised  a
> 	good point, I'll answer briefly for readers.
> 
> 	All men are fallible, in reasoning and in their vulnerability  to
> 	temptations  and  partiality.  The  Torah  deals  with the latter
> 	weaknesses by placing extensive emphasis on the moral caliber  of
> 	judges  and  in the impartiality of court proceedings. Similarly,
> 	Torah sages are required to achieve high levels of piety as  well
> 	as  scholarship.   This  emphasis  contrasts  with the relatively
> 	confined emphasis on scholarship in the  realm  of  secular  law,
> 	lehavdil.
> 
> 	The Torah also obligates us to heed the rulings of the sanhedrin,
> 	and  the  sages  of  later  generations.  Accordingly,  those who
> 	receive the oral tradition learn to revere their teachers and the
> 	sages  of  earlier  generations.  (It is forbidden to learn Torah
> 	from someone who lacks basic moral integrity.) Such reverence may
> 	seem  slavish  or  arbitrary  to  an  outsider,  but  it  can  be
> 	understood by someone who  invests  labor  in  understanding  the
> 	Torah she'bal peh (oral Torah.)
> 
> 	The Talmud and the halacha is characterized by strenuous  debate.
> 	This  implicitly  recognizes  that there are many points of view.
> 	However, the  moral  caliber  of  Talmudic  and  later  sages  is
> 	appreciated   by  Torah  scholars  and  their  INTEGRITY  is  not
> 	questioned.  Again, this contrasts with the common attitude  that
> 	secular  lawyers  and  judges  frequently fail to be impartial or
> 	disinterested.
> 
> 	The oral tradition hinges  on  understanding  the  fact  of  this
> 	integrity.  Moreover,  the  Torah  view  is that the sages, while
> 	fallable, are given Divine  help to prevent them from  stumbling.
> 	The  Torah  requires  us to accept their rulings as authoritative
> 	despite the  logical  possibility  that  they  erred.  There  are
> 	provisions  however,  for  peers  of  the  sages  to correct such
> 	errors.  Such an approach would obviously be inappropriate for
> 	a man-made law. However, for a G*d given Law, it is not illogical
> 	to accept the idea of a commandment to obey the  sages  "even  if
> 	they  say right is left and left is right", in the Torah's words.
> 	The Talmud explains that it may appear  to  us  that   they   are
> 	saying right is left. It may be that we don't understand them, or
> 	that they actually erred. We can't be sure  which  is  the  case.
> 	However,  to  allow  ourselves  to  veto  their  authority  would
> 	undermine the overall system.  Our  interests  and  biases  could
> 	easily mislead us to believe that they were wrong. Therefore, G*d
> 	commanded  us  to  subjugate   ourselves   to   their   authority
> 	unconditionally.  The  assurance that He often prevents them from
> 	erring makes this palatable. (However,  someone  unaccustomed  to
> 	thinking  in  terms  of G*d and Torah will find this difficult to
> 	digest, even if he can see that it is not illogical.)
> 
> > Contradictory in the advocacy for literalism in interpreting the US
> > Constitution.  Surely Yitzchok does not take the Torah literally, but
> > abides by an expansive interpretation of it.
> > Yet it is Yitzchok who has selected the analogy of Torah to
> > Constitution, Talmud to Supreme Court rulings!  It may be a good
> > analogy for someone who wishes to narrowly (or broadly) interpret
> > both, but not for someone who would narrowly interpret one and broadly
> > interpret the other.
> 
> 	A  very shallow criticism. A minute's thought would tell you that
> 	their is no reason to extrapolate from a man-made constitution to
> 	the G*d given  Torah  (lehavdil)   and  hence  no  contradiction.
> 	Analogies can be used to illustrate points without requiring that
> 	we apply them literally.
> 
> 						Yitzchok Samet
> 
> PS - It seems to me that you are arguing solely for the  sake  of
> criticism.  This is a waste of time.

*** REPLACE THIS LINE WITH YOUR MESSAGE ***

david@fisher.UUCP (David Rubin) (06/05/85)

>>>     ..............................  Such a supreme court reflects the
>>>     will of G*d by  FAITHFULLY  explaining  His  Torah  just  as  our
>>>     supreme court (supposedly) explains the constitution (rather than
>>>     introducing innovations which were not there.)

>> The side comment by Yitzchok is illuminating, ironic, and contradictory.

>> Illuminating in that it reveals Yitzchok's sympathy for the
>> Conservatives' desire for a strict interpretation of the U.S.
>> Constitution.

> 	Sorry, but the pigeonhole is incorrect (and not relevant  to  the
> 	subject  of  the Talmud).  Actually, I have no preference one way
> 	or the other concerning  the  constitutional  issue  (strict  vs.
> 	broad). I hoped that readers would understand that the analogy to
> 	the supreme court is necessarily simplistic  and  not  get  side-
> 	tracked   by  the  obvious  differences.  I  threw  in  the  word
> 	"supposedly"  only to  avoid  the  side  issue  of  discrepancies
> 	between  ideal  and  practice, not to suggest that I favor strict
> 	construction. Actually this issue deserves to be addressed.

My apolgies, then.  However, I hope the next time you consider an
analogy to be so poor as to be irrelevant, you will consider simply
not using it.

>> Ironic in that he implicitly presumes that, while the secular
>> jurisprudence is subject to error and may be questioned in good faith,
>> religious jurisprudence is not and may not be.

> 	Why not ask me to clarify what I meant before  attacking  me  for
> 	what  I  presumably presume?  It sounds like you're interested in
> 	criticism rather than information.  However, since you  raised  a
> 	good point, I'll answer briefly for readers.

I am argumentative.  I don't think that I'm hypercritical, but that's
just my opinion...

> 	All men are fallible, in reasoning and in their vulnerability  to
> 	temptations  and  partiality.  The  Torah  deals  with the latter
> 	weaknesses by placing extensive emphasis on the moral caliber  of
> 	judges  and  in the impartiality of court proceedings. Similarly,
> 	Torah sages are required to achieve high levels of piety as  well
> 	as  scholarship.   This  emphasis  contrasts  with the relatively
> 	confined emphasis on scholarship in the  realm  of  secular  law,
> 	lehavdil.

First, generally the men selected to the Supreme Court are of good
character.  Second, piety only protects against impiety; it does not
protect against error.

> 	The Torah also obligates us to heed the rulings of the sanhedrin,
> 	and  the  sages  of  later  generations.  Accordingly,  those who
> 	receive the oral tradition learn to revere their teachers and the
> 	sages  of  earlier  generations.  (It is forbidden to learn Torah
> 	from someone who lacks basic moral integrity.) Such reverence may
> 	seem  slavish  or  arbitrary  to  an  outsider,  but  it  can  be
> 	understood by someone who  invests  labor  in  understanding  the
> 	Torah she'bal peh (oral Torah.)

> 	The Talmud and the halacha is characterized by strenuous  debate.
> 	This  implicitly  recognizes  that there are many points of view.
> 	However, the  moral  caliber  of  Talmudic  and  later  sages  is
> 	appreciated   by  Torah  scholars  and  their  INTEGRITY  is  not
> 	questioned.  Again, this contrasts with the common attitude  that
> 	secular  lawyers  and  judges  frequently fail to be impartial or
> 	disinterested.

Torah scholars are not disinterested nor impartial.  They are not the
former because their status hinges in an obvious fashion upon how the
Torah is accepted/interpreted/used by Jews.  They are not impartial,
as the selection of Torah scholars, as a process, tends to
substantially limit the diversity of opinion.  Indeed, while debate
can be vigorous and carefully considered, while the debaters are all
of the highest character and possess the best of intentions, the fact
that the debate is limited to a relatively homogenous (when compared
to the larger group to which the debate pertains) means that the
debate is of decidedly limited breadth.

> 	The oral tradition hinges  on  understanding  the  fact  of  this
> 	integrity.  Moreover,  the  Torah  view  is that the sages, while
> 	fallable, are given Divine  help to prevent them from  stumbling.
> 	The  Torah  requires  us to accept their rulings as authoritative
> 	despite the  logical  possibility  that  they  erred.  There  are
> 	provisions  however,  for  peers  of  the  sages  to correct such
> 	errors.  Such an approach would obviously be inappropriate for
> 	a man-made law. However, for a G*d given Law, it is not illogical
> 	to accept the idea of a commandment to obey the  sages  "even  if
> 	they  say right is left and left is right", in the Torah's words.
> 	The Talmud explains that it may appear  to  us  that   they   are
> 	saying right is left. It may be that we don't understand them, or
> 	that they actually erred. We can't be sure  which  is  the  case.
> 	However,  to  allow  ourselves  to  veto  their  authority  would
> 	undermine the overall system.  Our  interests  and  biases  could
> 	easily mislead us to believe that they were wrong. Therefore, G*d
> 	commanded  us  to  subjugate   ourselves   to   their   authority
> 	unconditionally.  The  assurance that He often prevents them from
> 	erring makes this palatable. (However,  someone  unaccustomed  to
> 	thinking  in  terms  of G*d and Torah will find this difficult to
> 	digest, even if he can see that it is not illogical.)

Two questions: how do we know which decisions are divinely inspired
(and thus protected)?  How do we know that there IS such a thing as
divine inspiration?  You (and these scholars) say that the Torah
commands us to accept their interpretations.  But that is their
interpretation!  If that first interpretation is mistaken...moreover,
it is certainly imaginable that over the course of a few thousand
years, the power of interpretation, even if granted by the Torah to a
certain class of individuals, may have accidently shifted to the
incorrect class.

>> Contradictory in the advocacy for literalism in interpreting the US
>> Constitution.  Surely Yitzchok does not take the Torah literally, but
>> abides by an expansive interpretation of it.
>> Yet it is Yitzchok who has selected the analogy of Torah to
>> Constitution, Talmud to Supreme Court rulings!  It may be a good
>> analogy for someone who wishes to narrowly (or broadly) interpret
>> both, but not for someone who would narrowly interpret one and broadly
>> interpret the other.
 
> 	A  very shallow criticism. A minute's thought would tell you that
> 	their is no reason to extrapolate from a man-made constitution to
> 	the G*d given  Torah  (lehavdil)   and  hence  no  contradiction.
> 	Analogies can be used to illustrate points without requiring that
> 	we apply them literally.
 
See first comment.

> PS - It seems to me that you are arguing solely for the  sake  of
> criticism.  This is a waste of time.

You, too, are guilty of pigeon-holing...

I argue not for its own sake, but to illuminate, mostly for my own
benefit, but perhaps incidentally for others.  Even an argument which
ends inconclusively (i.e. without either side capitulating) generates
light as well as heat.

					David Rubin
			{allegra|astrovax|princeton}!fisher!david

samet@sfmag.UUCP (A.I.Samet) (06/06/85)

> Two questions: how do we know which decisions are divinely inspired
> (and thus protected)?  How do we know that there IS such a thing as
> divine inspiration?  You (and these scholars) say that the Torah
> commands us to accept their interpretations.  But that is their
> interpretation!  If that first interpretation is mistaken...moreover,
> it is certainly imaginable that over the course of a few thousand
> years, the power of interpretation, even if granted by the Torah to a
> certain class of individuals, may have accidently shifted to the
> incorrect class.

Your questions are important and critical and I'm sure  you  have
more.  However,  I  don't feel I can do justice to this extensive
and complicated subject in the limited space of  a  net  article,
with my limited time. It would take a book.

There are some  excellent  books  which  address  your  questions
thoroughly.   Two that come to mind are "Anvil of Sinai" and "The
Oral Tradition".  You can probably find one of these  in  a  good
Jewish bookstore. If you can't, I am willing to have them sent to
you by such a store.

Also, I recently posted an ad on the net for  a  weekend  seminar
which promises to address this issue. It's being held this coming
weekend in the Catskills.

Finally, if  you  like,  I  am  willing  to  spend  a  few  hours
discussing  the issue over the phone. Drop me mail and we can set
up a time.

The above offers go for anyone who  is  sincerely  interested  in
exploring these issues.

> I argue not for its own sake, but to illuminate, mostly for my own
> benefit, but perhaps incidentally for others.  Even an argument which
> ends inconclusively (i.e. without either side capitulating) generates
> light as well as heat.

Sorry. I  felt  the  tone  of  the  questions  was  unnecessarily
antagonistic.  I apologize for the misjudgement.

                                        Yitzchok Samet