[Avodah] Tzinius and the ILG

[Jacob Farkas]

Rt. Chana Luntz wrote:
> But it could easily have done a direct substitution - ie no more biah,
> now kessef.  It didn't do this, so I can't see how you get around the
> idea that ultimately it permitted priztus.
> 

It didn't permit Pritzus outright. The world at large operated in that 
fashion, this was the de facto wedding ceremony. The Torah elevated 
marriage by introducing Qihah, a process that didn't discard the old 
method altogether, but refined it. Biah now requires declared intent 
rather than spontaneous coupling.

> The same thing would seem to be true by slavery.  There was slavery
> before matan torah. The Torah took the concept and modified it and
> required various elements that were not there before (eg obligation in
> mitzvos), but did not ban it entirely.  

Correct. That does not mean the Torah condoned it, though.

> It has been argued, on this list and elsewhere, that this shows that the Torah 
> is morally in favour of slavery, and that therefore any notions that we have that
> slavery is not  necessarly moral are contrary to the moral compass of the Torah.

I don't agree with that argument. That can be used to support 
/application/ of capital punishment as morally acceptable, because the 
Torah prescribes it. I prefer the view that the Torah was not in favor 
of *applying* CP, and challenged the judiciary to find ways to avoid it 
whenever possible.
<http://www.aishdas.org/avodah/vol17/v17n085.shtml#09>

> If this argument were to be true, then the same thing would have to be said
> for kiddushin by way of biah - it didn't ban it when it could have done,
> therefore it must approve of it.  Otherwise you are left with the idea
> that there may be concepts that the Torah is morally uncomfortable with,
> but that doesn't mean it always bans it, sometimes it leaves it for
> later generations, when the time is right, to procribe them out of
> existance.

The latter point/idea was precisely what I was looking to convey, that 
the Torah left certain things to later generations. Very important 
things, like Kesubah.

--Jacob Farkas