[Avodah] R Tzadok-TSBP

[Arie Folger]

RMMakovi wrote:
> the method is not a science; it also
> requires some common sense and the use of certain non-verifiable
> principles like concessions to human nature, loopholes, formal
> legalistic filler material, etc. So Rav Hirsch's method can be used in
> general, but when someone comes across milhemet reshut, he ought to be
> able to step back and realize that perhaps the permission to conquer
> land is just a concession to primitive people, and not a law which
> teaches grand G-dly ideals. In other words: Rav Hirsch's method works
> 99% of the time, but that 1% of the time that it fails can only be
> found with common sense and a feeling for the ethos of Judaism, or
> what have you.

Since this can go in many different directions, the weakness of your
argument should prompt anyone to realize that the only way out of this
conundrum is to have a messorah, to receive Torah from a teacher, who
himself positions himself in the mainstream, not as a maverick. Then,
you can always experiment with thought, but you will be anchored in
the continuous chain of tradition.

By the way, you do convince me that we should thread very carefully
when quoting the Rambam; even the Rambam may have stepped into
unconvincing territory when suggesting Ta'amei haMitzvot that may fail
to account for halakhic idiosyncracies. I find the idea that some/many
pratei hamitzvot are arbitrary, rather disturbing, becuase that could
easily lead one to claim that after all, it is sufficient to close the
business, not travel, and instead make kidush on Shabbat, but whether
or not one pays attention to the minutiae of borrer is not really
important. Surely the Rambam did not think so (he wrote quite a lot
about the minutiae of laws), but it is easy to extend somewhat further
that difficult idea you present.

Hence, the lesson is that just because one of the lions of traditions
wrote something does not mean that we should extend this idea, nor
that we should avoid subjecting it to our usual scrutiny.

But as I showed, I am certain that Rambam did not intend us to take
his logic to that further extent.

> I think that what I do is to take Rav Hirsch's justification for
> secular knowledge in general - that understanding the world helps one
> understand the Torah -  and apply the same to academic study of
> halakhah.

You see, the snag is, Rav Hirsch was a major opponent of exactly what
you are doing here. Just read some letters in Shemesh Marpeh, for
starters.

-- 
Arie Folger,
Latest blog posts on http://ariefolger.wordpress.com/
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