metatronics | teaching | prozdor curricula | the philosophy of halacha
 
 

The Philosophy of Halacha
 

Teacher's note:  I think a course like this should be essential in any Hebrew school, camp, or day school.
I found my students continually asking questions of Jewish practice that are not intrinsically Jewish
questions, and then finding that Judaism didn't have entirely satisfactory answers.  What is halacha
about?  Is it just about making ourselves feel spiritual?  If so, why halacha and not something else?
Although I very much like the Hasidic answer to halacha's purpose (to bring about devekut), the system
itself is structured much more mitnagdically.  Understanding the system from within it really changed the
way some students understood what all the 'rules' are about.


 



 

Most of us think of Judaism as a religion, and of religions as tell us certain things to do
and to believe.  But why do what a ‘religion’ tells you to do?  In particular, what does it mean
that certain actions – keeping kosher, or shabbat, for example – are “better” or “more holy” than
others?  How can it be that God, or the world, cares whether or not your lulav is shaped the right
way or your etrog isn’t broken?  

 In this class, we will spend a semester trying to answer these questions by looking at
Jewish sources that grapple with them.  We won’t be learning The Jewish Answer to Everything. 
But we will be looking at a few different Jewish answers to the question of what halacha is
supposed to do, and what kind of human being it is meant to create.  Focusing on the works of
Rabbi Joseph Soloveitchik, we will see that, at least in his perspective, Jewish practice isn’t
really a “religion” at all; it has a very different purpose, and a very different result in terms of the
kind of person who observes it.  

 We will also spend some time addressing the issue of halachic change and authority. 
When can halacha be changed?  For what reason?  By whom?  Must we as Good Jews believe
that every law we now have on the books was spoken at Sinai, or do our traditional texts provide
other answers as well?  Finally, what does all of this mean for our practice as Jews today, as we
make our own decisions on What Matters Jewishly and generally?

     1.   Introduction
Introduction to the course and the syllabus.  What is a “good Jew”?  Does Judaism ‘care more’
about what we believe or what we do?  What are the consequences for each position?
          Text:     Excerpt from Hirsch text and Heschel text

     2.   Halachic Man, Scientific Man, and Religious Man
Introduction to Soloveitchik’s contrast between ‘halachic man’ and ‘religious man’ (and
‘cognitive man’).  Different conceptions of the Good as reflected in these ideals: subjective and
objective, emotional/spiritual and ‘rational.’  
          Text:     Excerpts from R. Joseph Soloveitchik, Halachic Man

     3.   Halachic Man continued
The ‘personality’ of Halachic man; what kind of person is this system creating?  Examples from
our own lives; debate.  How does Halachic man see a sunset?  Is this healthy, beautiful, or
upsetting?
          Text:     Soloveitchik, Halachic Man

     4.   Holiness and Value
The concept of the “holy” according to religious man and halachic man; ‘arbitrariness’ of halacha
as contrasted with magic.
          Text:     Excerpt from Jay Michaelson, Trying to Count the Stars
                       Excerpt from Mircea Eliade, The Sacred and the Profane

     5.   The Letter and the Spirit
Which is more important - following the letter of the law or following the spirit of the law?  Is it
a binary choice?  If the law is really about changing your insides, why obey the outsides?  We
will continue the discussion from the last class regarding the ‘holy’ and plug them into different
concerns about having a ‘spirit’ or a soul.
          Texts:    Excerpt from New Testament
                       Excerpt from Michaelson, Antilawyerism/Antisemitism

     6.   The letter and the spirit part two: Beyond the letter of the law
In fact, despite the prevalence of ‘literalism’ in the Jewish law, there is a strong insistence on
going beyond the letter of the law and not becoming the ‘decorated tombs’ Matthew rails against.
We will do two hevruta units on aspects of this problem, and look at some of the complexities
regarding it within Jewish law.
          Texts:    Hevruta on Sanhedrin 74a.
                       Hevruta on gneivat daat

     7.   Halacha under Stress: Responsa from the Holocaust
If we have so far understood a particular system of life, let’s see how it works under stress. The
holocaust presented Halachic (and all other) philosophy with extremely profound and difficult
issues, and the Halacha responded.  Can we relate?  Is this beautiful, or insane?
          Text:     Oshry, Responsa from the Holocaust

     8.   Summary and catch up
The Responsa from the Holocaust are difficult texts that deserve more attention and we may
spend more time with them.  We may also spend more time on the hevruta material in unit six
and get a head start on the hevruta material in unit nine.  We will also summarize the first half of
the course and prepare for the units on Halachic change.

     9.   Halachic Change, part one: Halacha and Revelation
Dispute within the Halacha; multiple answers may be correct, and yet the halacha is still fixed. 
How can this be?  And if there are disputes, what is the revelation that we understand coming
from God?  Is it substance?  Process?  Both?  
          Texts:    Gittin 6 (elu v’elu); Eruvin 13
 Avot 5.17 (machloket l’shem shamayim)
 Midrash Shemot Raba (70 voices)
 Megilla 9; Brachot 1 

     10.  Halachic Change, part two: Tanur Achnai
Who has the authority to set halacha – God or man?  And yet, where do we say halacha derives
its authority?  What is going on?
          Text:     Previous texts continued
 Tanur Achnai: Baba Metzia 59
 Shabbat 23a
 Maimonides, Introduction to Commentary on Mishna

     11.  Halachic Change, part three: Modern Applications
Using a now-infamous set of tshuvot from the Conservative movement on the sabbath, we look at
when an Authoritative Body may consider changing the halacha.  (We will also discuss examples
in history such as the prozbul, the ban on polygamy, and the notions of minhag k’halacha in the
haredi community.)
          Text:     A Responsum on the Sabbath (and responses)
 
     12.  Conclusion: Halachic Man’s Worldview and Life
We will conclude by looking at the ‘bigger picture’ of what kind of world Halachic man inhabits,
and whether it makes sense to us: a world where the arrangement of objects denotes holiness
          Text:     Excerpt from Soloveitchik, Halachic Man
                       Excerpt from Michaelson, Trying to Count the Stars
 
 
 


 
 

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