Monthly Archives: November 2020

Majority Rule and Disputed Elections: An Intrahalakhic Perspective

by Rabbi Aryeh Klapper

As understood by Rabbinic tradition, 

  1. Devarim 17:18-23 (“lo tasur”) creates an obligation for individuals to obey rulings of the Great Sanhedrin. 
  2. Devarim 30:11-14 (“lo bashomayim hi”) declares that such rulings must derive from accountable human reason rather than claims of Divine partisanship.
  3. Shemot 23:1-4 (“acharei rabim l’hatot) establishes majority rule as the decision-making mechanism when there is disagreement within the Sanhedrin.

However, careful reading of the tradition suggests that the first two rules are not absolute. 

  1. The opening of Mishnah Tractate Horayot makes clear that under some circumstances some individuals must follow their own positions against the Sanhedrin’s ruling – which individuals, circumstances, and rulings is of course the subject of disagreement.
  2. Eiruvin 13b reports a position that the halakhah follows Beit Hillel against Beit Shammai because a Heavenly Voice (bat kol) said so.

What about majority rule? In a sense the exceptions in Mishnah Horayot limits the power of majorities. But they deal with cases where an individual has legitimate certainty based on human reason that the Sanhedrin has erred. Moreover, the exceptions apply only to the individual who possesses such certainty – the majority establishes the law for everyone else.  Thus in Mishnah Eduyot Chapter 5, Akavia ben Mahal’el holds fast to four idiosyncratic positions against the majority of his colleagues, even though Talmud Sanhedrin 88a informs us that those positions were formally adopted as a ruling of the Sanhedrin. (There is a dispute as to whether Akavia followed his own rulings in practice.) Nonetheless, Akavia on his deathbed admonishes his son to follow the majority, because his son has no basis for certainty. So majority rule still stands as the basis for decisions where each side acknowledges a possibility that the other is correct.  

The stronger challenge to majority rule emerges from Eiruvin 13b. Why was a Heavenly Voice necessary to establish that the law followed Beit Hillel?  Shouldn’t the law simply have followed whichever positions held the majority on each specific issue?

This challenge is embodied in a beraita on Sanhedrin 88b. The beraita begins by declaring that “Originally, disputes did not multiply in Israel.” Rather, whenever disagreement arose, the issue would be brought to the local beit din, and if not settled, would climb a ladder of courts until it reached the Great Sanhedrin, where it would be decided by consensus, or failing that, by majority vote. However, “When the students of Hillel and Shammai multiplied . . . disputes multiplied in Israel.” Majority rule no longer worked to establish the law.  Why not?

Talmud Yebamot 13b-14a provides the answer. Beit Hillel held the majority. Among both the first generation of Amoraim, in both the Palestinian and Babylonian traditions, there was a dispute as to whether Beit Shammai followed their own positions in practice.

,ומ”ד עשו 

.כי אזלינן בתר רובא – היכא דכי הדדי נינהו 

.הכא – בית שמאי מחדדי טפי

The position that Beit Shammai followed their own positions holds

that we follow the majority only when the scholars on each side are equivalent

but here, Beit Shammai were sharper

Essentially, Beit Shammai held that Beit Hillel’s majority was generated by an artificial expansion of the franchise to scholars of insufficient stature. Beit Hillel may have responded either by arguing that all scholars should vote if they met a minimum standard, or that their own scholars were actually of equivalent stature to Beit Shammai’s. Beit Hillel might have further claimed that Beit Shammai’s standard was gerrymandered, i.e. that they had picked a cutoff point for voting rights specifically because it gave them a majority.

This metadispute, in which each side claimed a majority of legal votes, could only be resolved by a Heavenly Voice. Moreover, Yebamot 14a allows for the possibility that the Heavenly Voice was also insufficient, and Beit Shammai held to their positions in practice even afterward on the basis of lo bashomayim hi.

Regardless, what happened before the Heavenly Voice emerged? The end of Chapter 1 of Mishnah Yebamot, as understood by the Bavli, explains that they would inform the other side if someone was a mamzer by its standards but not theirs, or if food was tamei by its standards but theirs. They found a modus vivendi that enabled community during a constitutional crisis.

But enabling social community does not make the political difficulties go away. Mishnah Shabbat Chapter 1 records 18 controversial, generally isolationist decrees that were passed on a single day, in a single place, when Beit Shammai held the majority. The Talmud Yerushalmi tells how this majority was obtained: “The student of Beit Shammai stood below, and would kill (hayu horgin) the students of Beit Hillel.” The commentators seize on the “would” to claim that violence was threatened, but not carried out, but the point remains the same: Beit Shammai’s majority was achieved by force. 

These decrees subsequently obtain a unique halakhic status such that they could not be repealed by even the greatest of successor courts “because they stood up for them with their lives.” It seems plausible to read this as a euphemistic way of saying that violence might recur if they were repealed. The political system remained fragile, as in the United States after the various compromises that maintained the union up until the Civil War.

The Heavenly Voice sought to restore the legitimacy of majority rule. But fairly soon, the Sanhedrin itself falls, perhaps because it cannot handle the political divide over whether/when and how to rebel against Rome. Halakhic Judaism develops in pluralistic modes resembling the original modus vivendi between Beit Shammai and Beit Hillel, in which different jurisdictions cooperate and are transparent with each other without feeling a need to settle their disagreements. Palestinians and Babylonians, Ashkenazim and Sefardim, and so one.

But there is an instinct, formal or informal, that halakhah cannot survive pure anarchy. At least within jurisdictions, there must be a decision mechanism, and maybe for some new issues, or when facing new situations, there must be a way to settle issues for the entire Jewish people. Generally the practical mode is consensus or at least supermajority rather than majority, but the rhetoric tends to cite acharei rabim lehatot, especially when the conversation is among scholars and the lay population has clearly not reached consensus. The question of who gets the franchise naturally recurs. Should only the greatest scholars have a voice? Or anyone with semikhah (from a recognized yeshiva, who publicly maintains an approved ideology, etc.).

The above has been an attempt at a descriptive political history. I’ve tried to show why majority rule has not been a sufficient mechanism for maintaining a unified halakhic community, and to some extent how halakhah has nonetheless survived.  

Very likely the implications are more general. For example: The legitimacy of majority rule always depends on a metaconsensus about who gets to vote.  When ideological camps form, there is a temptation to challenge that metaconsensus and disenfranchise ideological opponents. This becomes easier when ideology morphs into identity (Beit Shammi, Beit Hillel), because it becomes much easier to know who belongs in which camp, and because people start voting as blocs even on issues with minimal ideological implications. Nonetheless, at least at the outset everyone continues to acknowledge that legitimacy is derived from the principle of majority rule, and that principle becomes too obviously absurd if people are disenfranchised explicitly because of their opinions. One needs to find a standard for exclusion that practically ensures one’s majority but is formally unrelated to any of the substantive issues. That standard can be race, gender, religion, ethnicity, or academic acuity, etc.

The Heavenly Voice did not resolve these issues within halakhah. It cannot tell us whose semikhah counts nowadays, or what degree of scholarship gives one a full halakhic vote, even if we discount the issue of gender.  Achronim dispute whether the Voice even established a principled bias in favor of a broader franchise – maybe it simply told Beit Shammai that they were wrong in believing themselves sharper than Beit Hillel. Maybe the problem was that Beit Shammai couldn’t appreciate other darkhei halimmud (learning methodologies) and mistakenly assumed that anyone who learned differently learned worse.

Political community is always fragile, and sustaining it requires willingness on the one hand to submit to a fair decision-mechanism, and on the other to recognize the importance of compromise on issues where one or both sides cannot submit with integrity. When compromising is too deep a violation of integrity, community becomes impossible if one forces a decision – but maybe no decision is necessary. 

My hope is that articulating these principles helps us act more thoughtfully, carefully, and courageously, in all our communities.

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Why Does Yitzchak Pray for Children, and Why Does Rivkah Not?

by Rabbi Aryeh Klapper

The story of Rivkah’s barrenness, and then fruitfulness, is told by the Torah as if she has no agency whatsoever. Yitzchak prays – no mention of her praying; l’nokhach his wife because she is barren; Hashem is responsive to him; and Rivkah his wife became pregnant.   

This narrational choice has nothing to do with patriarchy. Sarah and Rachel are also akarot, but each acts forcefully in response: Sarah asks Avraham to marry a surrogate, and Rachel demands children and eventually a surrogate of Yaakov. In fact, Rivkah takes the active part as soon as she becomes pregnant. She goes (somewhere) to consult G-d about her experience; and she hears G-d’s oracular response, and we aren’t told whether she shares it with Yitzchak. Yitzchak next appears as the parent who loves Esav over Yaakov on apparently insufficient or self-interested grounds, but maybe because he has not heard that “the elder shall serve the younger,” or maybe because he has.

Midrash Rabbah undoes the narrator by understanding l’nokhach as implying that Rivkah was also praying: Yitzchak prayed “May all the children that You give me be from this righteous woman,” while Rivkah prayed “May all the children that You give me be from this righteous man.” This implies that each believed themselves to be fertile, and their partner infertile. Why would that be? The simplest answer may be that each of them had received a fertility guarantee they deemed sufficient. Yitzchak knew that G-d had told Avraham “for via Yitzchak will be the line of descendants called after you,” and Rivkah was blessed by her family “Our sister, may you become thousands of myriads.” So the only question in their minds was whether they would have children with each other.

However, there’s no way to avoid saying that G-d responded only to Yitzchak. Why, if Rivkah also prayed? Some suggest that the Torah specifically wants to undermine her guarantee; those commentators argue that Rivkah’s family blessed her to become thousands of myriads, but she was barren and would have remained so if not for Yitzchak’s prayer. But their blessing comes true eventually, and G-d’s promise to Avraham also takes quite a few generations to actualize, so I don’t find this reading at all convincing.

Perhaps Rashi didn’t either. He also believes that Rivkah praying, but understands l’nokhach as implying that they were in physically opposite corners rather than praying converse prayers. Presumably they were simply praying for a child. Why does G-d respond only to Yitzchak? “Because the prayer of the righteous born of the wicked is not comparable to the prayer of the righteous born of the righteous.”

Please note that Rashi is not imposing this theological claim on the text. The previous two verses contain peculiarly extended and apparently superfluous accounts of Yitzchak and Rivkah’s families. “These are the descendants of Yitzchak son of Avraham; Avraham sired (holid et) Yitzchak. Yitzchak was forty years old when he took Rivkah, son of Betuel the Aramean, brother of Lavan the Aramean, to himself as wife.”  Rashi understands this as providing context for G-d responding to Yitzchak but not Rivkah.

But – it’s not clear why brothers are relevant in this context. And – as mentioned above, the verse seems davka not to present Yitzchak and Rivkah as responding to her barrenness in the same way. And finally – doesn’t Rabbi Abahu say (Berakhot 34b) that “in the place where baalei teshuvah stand, the perfectly righteous cannot stand?  

One might say that Rashi is following the position of Rabbi Chiyya bar Abba in the name of Rabbi Yochanan, which disagrees with Rabbi Abahu and holds that the perfectly righteous are superior; or follow Maharshal (Chullin 7:17), who thinks the prayers of baalei teshuvah are superior so long as they are davening for other rather than for themselves; or most simply, point out that even the righteous born of the righteous have almost certainly sinned and repented, and did Rabbi Yochanan necessarily mean that those who repent from great sins are superior to those who lived mostly but not entirely blameless lives, and repented of their small failures? 

But even if one finds one of those answers compelling, introducing them into this story is not. A literarily better approach would focus less on why G-d answered Yitzchak over Rivkah and more on why Yitzchak was praying when Rivkah wasn’t.

One way to accomplish this is by saying that only Yitzchak faces a choice. Only he has the halakhic obligation to reproduce, or if you prefer, the mandate to fulfill Hashem’s promise to Avraham of an ongoing line of descendants; and only he has the legal right to marry a second woman. This is surely the approach that Midrash Rabbah was trying to preempt by making their prayers exactly parallel. But Radak leans into the asymmetry: “He multiplied prayers for his wife to give birth because he loved her with an excessive love, as we have explained, and out of his love for her he did not wish to take a wife in addition to her, nor one of her maidservants. Therefore he multiplied his prayers greatly until the Divine shifted for him. “lenokhach his wife” – opposite his wife, meaning for her sake . . . or else the interpretation of “lenokhach his wife” is that during the time of prayer he would stand opposite her so as to direct his heart to be focused on her.”

Radak’s second explanation seems to me the best interpretation of lenokhach, as I can’t find another example in Tanakh in which it refers to logical or conceptual opposition. Even when nokhach is used with regard to G-d, the sense is less “opposed to” than “in plain view of,” as in Eikhah 2:19: “Pour your heart like water nokhach the countenance of Hashem.” Lenokhach appears only two other times. In Bereshit 30:38, Yaakov places his speckled sticks where “the flocks come to drink lenokhach the flocks,” and in MIshlei 4:25 “Your eyes will look lenokhach,” which in context seems to mean that you will exercise proper caution, i.e see what is in front of you.

But – Radak’s overall interpretation depends on halakhicizing a narrative by introducing elements that are not mentioned anywhere in the text.  Also, it seems to me that even if only Yitzchak had a choice, Rivkah should have been praying for him to make the choice she preferred.

So – it seems to me that the most straightforward way to understand the text is to say that Yitzchak was praying for Rivkah to have children, but Rivkah was not praying to have children. This ties in will with her less-than-ecstatic reaction to the pregnancy. The question is why she is so ambivalent. And also – shouldn’t she want children for Yitzchak’s sake, even if not for her own?  The most likely answer to that is that she thought Yitzchak did not want children, and so she did not pray.

Many years ago, I heard Dr. Joshua Berman suggest that Yitzchak spends the years before marriage בא מבא באר לחי ראי, never really able to psychologically leave the place where Yishmael almost died after his father expelled him. Perhaps that’s why he can’t consider responding to Rivkah’s barrenness by taking a second wife, which would risk repeating his father’s Haggar and Yishmael situation. Yitzchak succeeds in leaving B’er Lachai Roi for good once Rivkah enters the picture. But that still left him the trauma of Moriah to deal with.

Listen to Yalkut Shim’oni Toldot 210:

Rabbi Yehudah said: Rivkah was a barren woman for twenty years. After twenty years, (Yitzchak) took Rivkah and went to Mount Moriah, to the place where he had been bound (on the altar), and prayed for her to become fertile, and the Holy Blessed One responded to him.

Maybe this midrash is just about Yitzchak pulling out his ultimate reward card. I think a better reading is that Rivkah was not certain that Yitzchak had overcome the trauma of the Akeidah sufficiently to want children, or sufficiently to handle having children. Could he trust himself as a father, after his own father had been willing to kill him? Could he allow his religion to require anything that made his child unhappy, even momentarily? Perhaps G-d was not (k’b’yakhol) certain, either. But when Yitzchak courageously went back to the place of trauma, Rivkah agreed to go with him, and G-d was convinced.

Deborah Klapper often suggests that Yitzchak wanted only one child, so that he would never have to make the kind of choice that faced Avraham. I argue here that Yitzchak was in fact unable to make that choice, which is why he allowed Rivkah to ‘fool’ him into blessing Yaakov.  But so far as G-d was concerned, it was two or none. Maybe Rivkah knew that twins ran in her family.

Maybe G-d davka wanted Avraham’s successor to be a father who could not make that choice. We need both kinds of role models – people like Avraham who can do the right thing regardless of whom it hurts, and people like Yitzchak who can’t do even the most obviously right thing if it will hurt family or friends. In a healthy society, and marriage, we find ways to let each other lead in the spaces that maximize our strengths, and to step in to cover each other’s weaknesses.

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“Let Us Call the Lass, and Ask Her Opinion”: A Surprising Moment and an Astonishing Model of Orthodox Feminism

by Rabbi Aryeh Klapper

When Avraham’s servant seeks to be off with Rivkah, her mother and brother respond:

נקרא לנערה ונשאלה את פיה

Let us call the lass and ask her mouth

The word “mouth” seems unnecessary: why not say just “ask her?”

R. Chayyim Yosef David Azulai (known as חיד”א: Morocco, 1724-1806) in his Nachal Kedumim suggests that Rivkah’s family intended to use her words in a form of idolatrous divination, but she frustrated them by saying only the one word אלך (=I will go); by contrast, Rabbi Chaim Tchernowitz (Galicia, 1760 – 1818?) in his B’er Mayim Chayyim contends that the family looked for Hashem to put words in her mouth, since her speech and actions had indicated Divine guidance throughout this episode. The common denominator is that Rivkah’s family had no interest in finding out what Rivkah wanted for herself.

Midrash Rabbah, however, followed by Rashi and the mainstream of rishonim and acharonim, derives from here that women, even orphaned minors, ought not be married off without their consent. Illustrating the maxim that ideological extremes often agree in practice, the fiercely antifeminist Rabbi Menasheh Klein (Responsa Mishneh Halakhot 12:301) argues ala Andrea Dworkin that the Torah is not satisfied with mere consent:

,כל פתוי לנשים שלא לרצונם לשם אישות 

– אפילו קודם הנישואין 

,לאו מדרך אנשים הכשרים הוא

– ובתורה כתיב נקרא לנערה ונשאלה את פיה

“,ולא שנפתה אותה, אלא בשאלת פיה ואומרת “הן

.בלא פיתוי אלא ברצון שלה

Any seduction of women against their will for the purpose of marriage, 

even after kiddushin/betrothal so as to proceed to nisuin/consummation –

this is not of the ways of proper men.

The Torah writes “Let us call the lass and ask her mouth”

meaning that we should not seduce her, rather we should “ask her mouth” and see if she says “Yes,”

without seduction, rather as an expression of her will.

(Contrast Shekhem’s “speaking to the heart of the lass” in 34:3.) The context of Rabbi Klein’s interpretation is an attack on the phenomenon of “dating,” which, by putting young men and women in direct contact, risks having women persuaded into marriages that do not accord with their most authentic selves’ values. 

Note that the Midrash and Rabbi Klein assume that Rivkah’s family is a compelling source of norms in this area. We’ll return to that point below.

My favorite use of “Let us call the lass and ask her mouth” is in Rabbi Yechiel Yaakov Weinberg’s 1924 hesped for the remarkable Esther Rubenstein. Rubenstein was the only daughter of Rabbi Chaim Yirmiyahu Flensburg, a noted scholar and preacher. According to Rabbi Weinberg, 

“It was a bon mot of his, when conversation with him turned to a statement of Chazal, and its location was hidden from all those participating, to say ‘Let us call the lass and ask her mouth.’ His late daughter had comprehensive Torah knowledge (bekius) and all (Rabbinic) statements were fluent in her mouth.” 

Rabbi Weinberg says of her later career (when she was married to Rabbi Isaac Rubenstein, Chief Rabbi of Vilna): 

“In her published writings, she tried to broaden recognition that our national resurrection could not be imagined without the help of women… The education of daughters is the hardest question facing us. With regard to this question, we the charedim who are loyal to the flag of our Tradition are especially bewildered, both outwardly and in the recesses of our hearts. In depressed moments, it is as if her portrait (דמות דיוקנה) rises before my eyes. She was our model… If Esther Rubenstein had lived a full lifespan, she would have helped us resolve this question and blaze the trail for the education of our daughters…”       

I wondered for years where Esther Rubenstein would have led us. This week, I finally had the opportunity to read her essay on women’s education and rights. It is too long to translate here. But her first installment offered a fascinating explanation of why Avraham insists on marrying Yitzchak off to a member of his family rather than to a Canaanite:

“In the childhood of humanity, in the time of crude physical dominance, when whoever was stronger – dominated (כל דאלים גבר), and (therefore) every male was dominant (כל גבר אלים), and woman, weaker by nature, was a maidservant bound to her husband, deprived of any independent will, and even in the circle of her family had no worth – 

then, in those very days of darkness and ignorance, the early Hebrews gave equal rights to their wives. In the Hebrew family they considered women in all matters, “asked their mouths,” and consulted with them about all matters great and small. Avraham Avinu considered it a sacred duty to listen constantly to his wife’s advice – “Everything which Sarah will say to you – heed her voice.” Not just in domestic matters, but in all his paths and activities, Sarah was his companion and his associate (chevrato) in life. From the verse “and the souls which they made in Charan,” Chazal learned that Sarah Imeinu also ‘made souls’ for our holy ideal, like her husband, and exercised spiritual influence on her surroundings, and did not satisfy herself with ‘the life of the tent’ alone. She also held authority together with him and became SARAH, a female adon, when she became the wife of “AVRAHAM.” (Just as Avram became Avraham, moving from “Father to Aram” to “Father to the entire world,” so too Sarai moved from “Mistress of her nation” to “Mistress of the entire world.”) And so too every time he advanced, she elevated with him. 

Avraham Avinu derived so much gratification from having a wife with equal rights, which was the framework of his whole life, that out of the goodness of his heart he sought the same arrangement for his son. He made his servant swear “You must go to my homeland and to my culture, and take a wife for my son,” (because) he sought a companion for Yitzchak from the place where Sarah his companion had been educated, she of such powerful sensitivity and will. He sought companionship and equality in life between husband and wife, and mandated this for all his descendants. 

We can perhaps say that Avraham was the first to introduce the world to the slogan of equal rights for women. That slogan, which is now seen as the last word of the new culture and the foundation of a good society, found its first expression in an aggada of Chazal (Bava Kamma 97b): 

“What is the coin of Avraham Avinu?

An elderly man and woman on one side,

and a young man and woman on the other.”

This aggada teaches us in a symbolic way the root notion of equality, that must be foundational for men and women throughout their lives, from youth through old age, that the woman must stand at the same level as a man of her years, that in all times and periods of life they must be equal in everything: in education, in learning and personal development, in spiritual, ethical, and social condition, and in all human progress women must walk in lockstep with men their age, because the path of life is single, equal, that includes both and is shared by them always.”

In the end, Sarah Schenirer rather than Esther Rubinstein led the revolution in Jewish women’s education, and political Zionism succeeded without forcing Orthodoxy to grapple with feminism. But when conservative rhetoric speaks of recreating the alter heim of pre-Shoah Eastern Europe, perhaps the portrait that rises before our eyes should be that of the Rebbetzin of Vilna, intimate friend of at least one gadol hador and fiery advocate for women’s equality.

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Akeidah Theology?

by Rabbi Aryeh Klapper

“My thoughts are not your thoughts, and My ways are not your ways, says Hashem” (Isaiah 55:8). Maimonides read this verse as a statement of fact – the word “thought” means something utterly different in kind when ascribed to G-d than it does when ascribed to human beings. Acquiring human wisdom requires recognizing and accepting that we cannot truly understand G-d.    

Rashi reads the verse as a critique – human thoughts and ways are not the same as G-d’s, but they should be! We should try our best to bridge the gap by thinking and acting as much like G-d as we can.

Chazal mostly took a third approach. They illustrated the verse with examples of behaviors that make sense for G-dbut not for human beings. (In the modern era, Rabbi Aryeh Kaplan adopted this approach in If You Were G-d,  which tries to demonstrate the rationality of G-d’s choice of the Jewish people to bear His message to the world. The Mormon science fiction author Orson Scott Card does something similar in his Homecoming saga.) Here is an example from Midrash Tanchuma (Vayeshev):

This can be compared to a flesh and blood king 

who was sitting in judgement over another human being.

The king says to him:

Say whether you killed or did not kill!

If the defendant replies: “I killed” – the judge kills him; 

But if he does not confess – the judge does not kill him.

But The Holy Blessed One is not like that.

When someone confesses, The Holy Blessed One has mercy on him.

Flesh and blood judges in the pre-forensics era had little choice but to rely on confessions, since the evidence was rarely completely dispositive. Conscience and public opinion also combined to make them leery of executing the possibly innocent (as seems to still be the case in China). Finally, religious scruples might prevent them from executing someone unshriven. 

The first two rationales have no reasonable relevance to G-d, the omniscient judge Who knows all relevant facts and motivations. What about the third? Human courts encourage confession so that the defendant can achieve forgiveness from G-d before dying. But they cannot forgive just because G-d forgave, or every defendant would game the system by confessing. But G-d knows which confessions are sincere and which spurious.

Of course, Halakhah never accepted confessions in criminal cases. The midrash draws its contrast between G-d and royal justice without telling us where a Sanhedrin fits in. I suggest tentatively that this midrash prefigures the Derashot HaRan’s famous contention that Halakhic criminal law is not intended to achieve the practical ends of social order and justice, but rather to bring the Divine overflow into this world, while an adjacent royal law (maybe parallel to dina demalkhuta dina) accomplished the practical ends. Halakhic criminal law models Divine justice as administered by human beings. It serves as both an inspiration and a caution.

To sum up: Human judges and the Divine judge are motivated by the same ethical concerns. However, our inferior access to knowledge properly yields different practical legal standards. Human societies should derive principles from G-d’s judicial behavior but not thoughtlessly ape the specifics.

Chazal’s approach, unlike Rambam’s, allows us to ethically evaluate G-d’s choices. But lehavdil elef alfei havdalot we must be careful to evaluate as if we were k’b’yakhol standing in Hashem’s metaphorical shoes. So, for example, when Avraham challenges: “Shall the judge of all the land not do justice?” he is within his rights and obligations to establish justice as the standard. But the judge of all the land may have freedoms and constraints that give justice a different expression than when administered by local judges.

Let’s see whether this approach can be productively applied to the narrative of Akeidat Yitzchak. Our focus will be on how G-d could ask or command Avraham to sacrifice Yitzchak, whether or not He intended to withdraw the request/command before it could be carried out. 

Prima facie, G-d’s initial request/command seems unethical in at least three ways: it imposes enormous psychological stress on Avraham (and on Sarah if she knows, and Yitzchak at whatever point he begins to suspect); it imposes enormous stress on Abraham’s relationship with Yitzchak (at least); and it runs the risk that Avraham will go ahead with the sacrifice of Yitzchak even if the request/command is withdrawn. (We can perhaps say in response to the last question that from G-d’s perspective there is no risk, since He could miraculously rescue or even resurrect Yitzchak, but that answer raises a host of different theological questions, and also seems evasive.) These costs must be justified if we want to reconcile them with belief in an ethical G-d. 

Halakhically, the standards for justifying interpersonal damage for a greater cause include: The damage caused must be less than the gain, it must be the minimum necessary to achieve the gain, it must be likely to achieve the gain, and it must not be motivated by animus. The question then is what the potential “gain” of the Akeidah is. 

The obvious answer seems to be in 22:12: “He said: Do not send your hand forth against the child; and do no harm at all to him; because now I know that you are a y’rei Elokim, and you have not held back your son, your only one, from Me.”  

However, this approach can be challenged in at least three ways. First, why was it so important for Hashem to learn that Avraham was a y’rei Elokim? Second, why was this the only way for Him to learn this? Third, how do we know that the Akeidah succeeded, in the sense that G-d k’byakhol learned what He wanted to learn? (Please note that this last question is distinct from the question of whether whether Avraham behaved ideally during the Akeidah, and also that many commentators translate ki ata yadati as “because now I have made known.”)

R. David Kimchi (RaDaK, available on AlHaTorah.org) offers a comment on y’rei Elokim that I find frankly terrifying, and I’d love to be shown that my reading of him is incorrect:

,היראה הזאת היא אהבה 

,כי לא היתה יראת גופו אלא יראת נפשו שלא תאבד 

,שהיה מוסר נפש בנו, שהיה אוהב יותר מנפשו

,תחת נפשו, שלא תאבד מהעולם הבא

.שהיא האהבה לא-ל והדבקות בו

The yir’ah/fear referred to here is actually ahavah/love

Because it was not fear for his body, but rather fear for his soul, that it not be lost,

because he was ceding the soul of his son, whom he loved more than he loved his own soul, 

in exchange for his own soul, that it not be lost from the Coming World, 

which is love of the Divinity and cleaving to Him.

As of now, very tentatively, I read RaDaK as saying that Avraham loved Yitzchak more than he loved himself, but not more than he loved loving G-d. He would cheerfully have sacrificed his own life to protect Yitzchak’s. But he was willing to sacrifice Yitzchak rather than lose the eternal experience of loving G-d.

This may be the epitome of what some refer to as “Akeidah Theology.” Truly loving G-d (alternatively: demonstrating that you truly love G-d) requires not self-sacrifice but rather sacrificing those that you love more than you love yourself. (I should note, though, that on this reading the only people one can justify harming for the sake of religious experience are those you love more than you love yourself.)

Radak’s remarkable but hard-to-accept claim that yir’ah means ahavah points to the possibility that the Akeidah was not fully successful. Perhaps the goal was ahavah, but only yir’ah was achieved. 

This possibility is often raised in the context of judging whether Avraham “aced the test,” with the endpoint generally being that Avraham should have realized that sacrificing Yitzchak was not G-d’s will even before he heard the angel calling (alternatively: the angel was calling throughout, and Avraham should have heard it earlier). But what if Avraham did everything right, but the goal was impossible?

We need to reframe our initial ethical questions in terms of relationships. Is it ever ethical to test someone else to prove their love? King Lear suggests to us that merely asking questions is unlikely to generate a reliable answer. But Lear also reminds us how desperate we can be to know that we are loved.

In Sefer Iyov, the stakes of the test are defined by Satan at the outset: Would Iyov fear G-d even if G-d had no way to punish or reward him? Since G-d can give or take away anything, the only way to find out is to reduce Iyov to a point of depression so severe that he cannot imagine either pleasure or worse pain. The ending is enigmatic – Iyov fears G-d as much as any human being can, but is that enough to answer Satan’s question? I understand the position in Chazal that Iyov is a fiction as meaning that the actions attributed to G-d in the book cannot be ethically justified, so it can only be understood as a thought-experiment, which ends up demonstrating that the answer to Satan’s question cannot be known. Because if human beings can think of the possibility that our suffering is a test, we can never give up hope of being rewarded if we pass.

The crucial difference between Iyov and the Akeidah is that G-d never asks Iyov to participate in the destruction of everything he holds dear. That may suggest that it has a different goal, and perhaps that goal is to teach about love rather than fear. But it may fail in the same way, even though Avraham does whatever is humanly possible. Radak’s reading tries valiantly to reach resolution by reclassifying desire for Olam haBa as selfless love rather than reward, but I find this utterly unconvincing in context. I prefer to say that what G-d k’b’yakhol learns is that love is subject to a variation of Heisenberg’s principle; the act of observing it destroys it. Had Avraham killed Yitzchak, his love of G-d would not have survived. (As it is, the simple reading of Bereishit is that he never speaks to G-d again, and G-d’s only speech to Him is a one-way Self-binding oath.) So G-d calls it off at the last moment.

The question I leave open – to which I invite replies – is this. If you were G-d, such that everyone who believed You existed would also believe in Your omnipotence, and therefore expressions of both fear and love are always compromised – could the experiment be ethically justified?  

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