하박국 2:19의 유대 사상

ה֣וֹי אֹמֵ֤ר לָעֵץ֙ הָקִ֔יצָה ע֖וּרִי לְאֶ֣בֶן דּוּמָ֑ם ה֣וּא יוֹרֶ֔ה הִנֵּה־ה֗וּא תָּפוּשׂ֙ זָהָ֣ב וָכֶ֔סֶף וְכָל־ר֖וּחַ אֵ֥ין בְּקִרְבּֽוֹ׃

나무더러 깨라 하며 말하지 못하는 돌더러 일어나라 하는 자에게 화 있을진저 그것이 교훈을 베풀겠느냐 보라 이는 금과 은으로 입힌 것인즉 그 속에는 생기가 도무지 없느니라

Akeidat Yitzchak

If the task of the Messiah is to teach people to lay aside their swords etc., then it is clear that when natural law rules, harmony will be restored to the world. Torah embodies this natural law, and this is the reason Abraham could divine it without having it revealed to him. Matan Torah, the gift of the Torah, was only the revelation of a law which had existed since before man had been created; in fact, it had been the blueprint with the help of which G-d created the universe. On occasion, clever people, such as the daughters of Tzelofchod, sensed this, though even Moses was not clear about it. (Numbers 27). Jacob, according to Pessachim 119, felt unqualified to preside over the saying of grace because he had married two sisters, alive at the same time, though at the time this had not yet been prohibited. He faulted himself for not having divined the will of G-d at that time. All of this is true in spite of the fact that the social legislation of the Torah contains apparently arbitrary ordinances. An example is the replacement value of thirty shekalim for a gentile slave regardless of his age, health etc. Similar apparent discrepancies we find in the sums allowed a father whose daughter has been raped etc. The law addresses itself to normal situations, since indirect damages are not assessed against the culprit. Any exceptional cases come under the heading of damages caused indirectly. Where wilful damage is discussed, such as in the case of the slaughtering of stolen animals, and penalties of four or five times the value of the animal in question, the Talmud goes to some length to demonstrate the natural law involved in such Torah legislation. (Baba Kama 68) The thrust of the legislation is to enable those who study it to develop the character traits that make the provision for non observance merely academic, since students of the Torah would not dream of allowing themselves to be guilty of transgressing these laws. Our sages taught that the universe is based on and can survive only by means of "justice, truth and harmony." (Avot 1) This means that a) a system of justice must be legislated and administered. b) Since this legislation parallels natural law, it is based on truth. c) Since such a system of law must be willingly embraced by the people to whom it is addressed, it promotes peace and harmony. In order to be absolute truth, Torah law must reconcile the true interests of the individual with the true interests of the society he lives in. To that end, legal decisions are left to Courts of Torah experts, scholars, not lay jurors. However, just as being an expert in anatomy does not yet make a person a doctor,-unless one has complete understanding of the interaction of all parts of the anatomy,- so knowledge of Torah precepts without comprehension of how to apply them when conflicting interests are involved, does not qualify a Torah scholar to act as judge. The Talmud Sanhedrin 7, is on record that in the event untutored judges are part of the Court, the former must be assisted by experts. Jewish social legislation, when practiced by Jews, has a greater influence on refining the character of the people practicing it, than the laws of any other religion. Benefits that accrue through such observence are twofold. 1) Social, i.e. application of such laws as the appointment of kings, will ensure the smooth functioning of society. 2) Benefits to the individual both during and after life. The eykev rav, great reward that David describes in Psalm 19, 13, as a reward for observing these laws, applies beyond the pale. This is also the answer of the Torah to the question of the wise son regarding the purpose of Torah legislation in Deut.6,20. "It shall be righteousness unto us" (verse 25) This is the reason the Torah says of this legislation "place it in front of them," i.e. not in front of the gentiles. Even if the latter were to adopt our legislation as their own, he who chooses non Jewish judges to settle his problems does not only not perform a commandment thereby, but commits a transgression. Just as the slaughtering of a ritually pure animal by a non Jewish slaughterer renders such an animal unfit for consumption by Jews, neveylah, although the act had been identical to that performed by a Jew, G-d is on record as saying "He did not do so for any gentile; and Jewish legislation, they do not know them." (Psalms 147,20
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