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Natural Morality and Halakhah

Posted: 28 May 2009 11:43 AM PDT
http://feedproxy.google.com/~r/Aspaqlaria/~3/ZAOZiN7I2ho/morality-n-halakhah.shtml


Whats the relationship between a humans intuitive sense of whats moral and  
halachic mandate? There is a tendency in some circles to describe the Torah  
as though halakhah was the sum total of the guidelines Hashem gave us for  
behavior.

This is belied by a number of the mitzvos that require we follow some sense  
of right or holy that isnt spelled out in behavioral terms. That we must  
know what good means beyond doing what is detailed through halachic  
methodology  in order to obey them. For example be holy, for I am Holy  
which the Ramban famously tells us is an obligation not to be disgusting  
with [what would otherwise be] the permission of the Torah. By definition,  
the Ramban assumes there is a definition of disgusting that isnt defined by  
halachic process. Or and you shall do hayashar vehatov  the upright and the  
good . Qedushah, yosher and tov are treated as givens, that a person is  
expected to know what they are before one can even begin to explore the  
halachic mandate.

One can accordingly translate HIllels famous words to the prospective ger,  
That which you would loathe [if in their shoes] dont do to others. Now go  
and learn into All of the Torah is an elaboration of natural morality.  
However, you would never figure out how to reach the right conclusions from  
those principles unless you go study Torah.

Its like saying that all of biology is inherent in Physics. Even that said,  
you would never be able to derive biology on your own. If we were to rely  
on our ability to build the system outselves from the first principles we  
would quickly exceed human capacity; errors would necessarily be made Thats  
the role of halakhah, to allow us to work with notions closer to our  
question than the basic moral principle from which they derive.

Along similar lines is the mitzvah of vehalakhta bidrakhav  and you shall  
go in My Ways, which our sages elaborate (this version is from the Rambam,  
Hilkhos Deios 1:6) Just as He is called goodwilled (חנון), so too you must  
be goodwilled; just as He is called Merciful, so too you must be Merciful  
Hilkhos Deios, Chovos haLvavos  entire texts based on the notion that one  
must be a moral being.

The Rambam writes:

Moses prayed to God to grant him knowledge of His attributes, and also  
pardon for His people; when the latter had been granted, he continued to  
pray for the knowledge of Gods essence in the words, Show me thy glory  
([Exod. xxxiii.] 18), and then received, respecting his first request, Show  
me thy way, the following favourable reply, I will make all my goodness to  
pass before thee (ib. 19); as regards the second request, however, he was  
told, Thou canst not see my face (ib. 20). The words all my goodness imply  
that God promised to show him the whole creation, concerning which it has  
been stated, And God saw everything that he had made, and, behold, it was  
very good (Gen. i. 31); when I say to show him the whole creation, I mean  
to imply that God promised to make him comprehend the nature of all things,  
their relation to each other, and the way they are governed by God both in  
reference to the universe as a whole and to each creature in particular.  
This knowledge is referred to when we are told of Moses, he is firmly  
established in all mine house (Num. xii. 7); that is, his knowledge of all  
the creatures in My universe is correct and firmly established; for false  
opinions are not firmly established. Consequently the knowledge of the  
works of God is the knowledge of His attributes, by which He can be known.  
The fact that God promised Moses to give him a knowledge of His works, may  
be inferred from the circumstance that God taught him such attributes as  
refer exclusively to His works, viz., merciful and gracious, longsuffering  
and abundant in goodness, etc., (Exod. xxxiv.  6). It is therefore clear  
that the ways which Moses wished to know, and which God taught him, are the  
actions emanating from God. Our Sages call them middoth (qualities), and  
speak of the thirteen middoth of God (Talm. B. Rosh ha-shanah, p.  
17b)Moshes ability to be the conduit for the Torah and the fountainhead for  
the halachic process was his being shown the morality inherent in how G-d  
made and runs the world.
- Guide to the Perplexed I:54 (Freidlander translation)



The revalation of Hashems attributes was fulfilled in showing Moshe how He  
runs the universe. That revalation gave Moshe the ability to walk in His  
ways. But more than that, the Rambam writes later in that chapter:

By the mention of this attribute we are, as it were, told that His  
commandments, undoubtedly in harmony with His acts, include the death even  
of the little children of idolaters because of the sin of their fathers and  
grandfathers. This principle we find frequently applied in the Law, as,  
e.g., we read concerning the city that has been led astray to idolatry,  
destroy it utterly, and all that is therein (Deut. xiii. 15). All this has  
been ordained in order that every vestige of that which would lead to great  
injury should he blotted out, as we have explained.

As the Torah states

וַיֹּ֣אמֶר ה֔ הִנֵּ֥ה מָק֖וֹם אִתִּ֑י וְנִצַּבְתָּ֖ עַל־הַצּֽוּר׃  וְהָיָה֙  
בַּֽעֲבֹ֣ר כְּבֹדִ֔י וְשַׂמְתִּ֖יךָ בְּנִקְרַ֣ת הַצּ֑וּר וְשַׂכֹּתִ֥י  
כַפִּ֛י עָלֶ֖יךָ עַד־עָבְרִֽי׃  וַהֲסִֽרֹתִי֙ אֶת־כַּפִּ֔י וְרָאִ֖יתָ אֶת־ 
אֲחֹרָ֑י וּפָנַ֖י לֹ֥א יֵֽרָאֽוּ׃

וַיֹּ֤אמֶר ה֙ אֶל־מֹשֶׁ֔ה פְּסָל־לְךָ֛ שְׁנֵֽי־לֻחֹ֥ת אֲבָנִ֖ים  
כָּרִֽאשֹׁנִ֑ים וְכָֽתַבְתִּי֙ עַל־הַלֻּחֹ֔ת אֶ֨ת־הַדְּבָרִ֔ים אֲשֶׁ֥ר  
הָי֛וּ עַל־הַלֻּחֹ֥ת הָרִֽאשֹׁנִ֖ים אֲשֶׁ֥ר שִׁבַּֽרְתָּ׃

Hashem said: Here, there is a place with Me, and you shall stand on the  
boulder. When I pass my Glory by, I will place you in a cleft in the  
boulder and I will remove My Palm and you will see My Back, but My Face  
will not be seen.

Hashem said to Moshe: Carve for yourself two stone tablets like the first  
ones, and I will write on the tables the ideas which were on the first  
tablets which you shattered.
  Shemos 33:21-34:1


Natuaral moral law is expressed in halakhah. The connection is not  
self-evident, and in fact requires Divine Intellect to accurately get from  
that which you loathe to the laws of making tea on Shabbos. But Hillel, the  
Ramban and the Rambam all tell us that our intuitive notion of right is in  
line with the principles of halakhah. It is from seeing Hashems creation  
that Moshe was prepared to carve the second luchos. And thus, where not  
contradicted by those non-obvious cases, we are required to follow natural  
morality. Thats qedushah, tov and yosher.



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