Pensamento Judaico sobre Números 27:7

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

1) Why did G'd not spell out the right of daughters to inherit in certain situations when Moses had been instructed to share out the land? 2) The daughters of Tzelofchod are hard to understand. If it had been the custom for daughters to inherit in certain circumstances, why did they raise the issue at all? If, on the other hand, daughters did not inherit under any circumstances, how did they dare to raise the issue ? If, as Maimonides points out, it all had to do with the cause of their father's death, why did Moses have to ask G'd about the halachah, the ruling on this matter? 3) How could the daughters of Tzelofchod have seen something that had escaped Moses, and how could Moses have been expected to know something that had not even been legislated? 4) Why did the daughters say that their father had "died in the desert?" Everybody had died in the desert! Besides, how was this fact relevant to the issue? 5) Why was Moses asked to ascend Mount Avarim although the time for him to die had not come yet? 6) Why does Moses refer to G'd as "the Lord of the spirits?" When Moses describes the tasks facing his successor, why does he twice stipulate that that successor must "go out in front of the people and return in front of them?"

Our intelligence dictates that human behaviour does not escape the attention of the Creator, that reward and punishment will occur sooner or later. If this were not so, there would be no advantage in being human rather than a beast, and one's self confidence and self respect would decline to nil. For this reason the concept of reward and punishment by supernatural forces has always been widely accepted amongst mankind. To remove the sense of futility man might feel, Solomon has these words of comfort at the end of Kohelet 11, 9-10. "Rejoice young man in your youth, and let your heart cheer you in the days of youth; walk in the ways of your heart and in the sight of your eyes." The reference made here to "ways of our heart," indicates that more than one objective is to be pursued. The first objective is attention to your physical needs in life; the second is the pursuit of eternal life, referred to as "the life and goodness" in Deut. 30,15. When these are being pursued, then in the words of Kohelet 11,9, "remove vexation from your heart, put away evil from your flesh, know that concerning all these G'd would bring you to your judgment." This philosophy of Heavenly judgment is so widespread, that in all countries where human justice fails, people pin their hopes on obtaining justice from on high. Even the concept that earthly justice is predicated on Heavenly judgments, is more or less universally accepted, (in the author's time) The term "truth" is applied to human judgments that are in accord with Divine principles of justice. Divine justice is termed tzedek, righteousness. The psalmist who proclaims "truth grows on earth, and righteousness looks down from the heavens," has this in mind. (Psalms 85,12) The difference in terminology is to indicate that what originates in Heaven does not require anyone's confirmation in order for it to be considered true and objective. The Jewish contribution to this awareness is threefold. 1) We were the first to tell the world of the one Creator, His power and His interest. (in human affairs) This information subsequently began to circulate amongst mankind. 2) The knowledge that the day of judgment was the first day in Tishrey, more so than any other day of the year, as well as the purpose of this judgment. This is the meaning of "it is a day of sounding teruah for you." It is a statute for Israel, a social legislation of the G'd of Jacob." (Psalms 81,5) 3) We alone determine when this day occurs. In this manner, Israel controls the effective dates of all "holy convocations," as explained earlier.