Religion as Law : Part 2

Judaism
by Israel Abrahams, M.A.

(Page 3 of 9)

Other codifications were made; but finally, in the sixteenth century, Joseph Caro (mystic and legalist) compiled the Table Prepared (Shulchan Aruch), which, with masterly skill, collected the whole of the traditional law, arranged it under convenient heads in chapters and paragraphs, and carried down to our own day the Rabbinic conception of life. Under this Code, with more or less relaxation, the great bulk of Jews still live. But the revolt against it, or emancipation from it, is progressing every year, for the olden Jewish conception of religion and the old Jewish theory of life are, as hinted above, becoming seriously undermined.

Now in what precedes there has been some intentional ambiguity in the use of the word Law. Much of the misunderstanding of Judaism has arisen from this ambiguity. 'Law' is in no adequate sense what the Jews themselves understood by the nomism of their religion. In modern times Law and Religion tend more and more to separate, and to speak of Judaism as Law eo ipso implies a divorce of Judaism from Religion. The old antithesis between letter and spirit is but a phase of the same criticism. Law must specify, and the lawyer interprets Acts of Parliament by their letter; he refuses to be guided by the motives of the Act, he is concerned with what the Act distinctly formulates in set terms. In this sense Judaism never was a Legal Religion. It did most assiduously seek to get to the underlying motives of the written laws, and all the expansions of the Law were based on a desire more fully to realise the meaning and intention of the written Code.

In other words, the Law was looked upon as the expression of the Will of God. Man was to yield to that Will for two reasons. First, because God is the perfect ideal of goodness. That ideal was for man to revere, and, so far as in him lay, to imitate. 'As I am merciful, be thou merciful; because I am gracious, be thou gracious.' The 'Imitation of God' is a notion which constantly meets us in Rabbinic literature. It is based on the Scriptural text: 'Be ye holy, for I the Lord am holy.' 'God, the ideal of all morality, is the founder of man's moral nature.' This is Professor Lazarus' modern way of putting it. But in substance it is the Jewish conception through all the ages.

And there is a second reason. The Jew would not have understood the possibility of any other expression of the Divine Will than the expression which Judaism enshrined. For though he held that the Law was something imposed from without, he identified this imposed Law with the law which his own moral nature posited. The Rabbis tell us that certain things in the written Law could have been reached by man without the Law. The Law was in large part a correspondence to man's moral nature. This Rabbinic idea Lazarus sums up in the epigram: 'Moral laws, then, are not laws because they are written; they are written because they are laws.' The moral principle is autonomous, but its archetype is God. The ultimate reason, like the highest aim of morality, should be in itself.

The threat of punishment and the promise of reward are the psychologic means to secure the fulfilment of laws, never the reasons for the laws, nor the motives to action. It is easy and necessary sometimes to praise and justify eudemonism, but, as Lazarus adds, 'Not a state to be reached, not a good to be won, not an evil to be warded off, is the impelling force of morality, but itself furnishes the creative impulse, the supreme commanding authority' (Ethics of Judaism, I. chap, ii.). And so the Rabbi of the third century B.C., Antigonos of Socho, put it in the memorable saying: 'Be not like servants who minister to their master upon the condition of receiving a reward; but be like servants who minister to their master without the condition of receiving a reward; and let the Fear of heaven be upon you' (Aboth, i. 3).

Clearly the multiplication of rules obscures principles. The object of codification, to get at the full meaning of principles, is defeated by its own success. For it is always easier to follow rules than to apply principles. Virtues are more attainable than virtue, characteristics than character. And while it is false to assert that Judaism attached more importance to ritual than to religion, yet, the two being placed on one and the same plane, it is possible to find in co-existence ritual piety and moral baseness. Such a combination is ugly, and people do not stop to think whether the baseness would be more or less if the ritual piety were absent instead of present. But it is the fact that on the whole the Jewish codification of religion did not produce the evil results possible or even likely to accrue.

The Jew was always distinguished for his domestic virtues, his purity of life, his sobriety, his charity, his devotion. These were the immediate consequence of his Law-abiding disposition and theory. Perhaps there was some lack of enthusiasm, something too much of the temperate. But the facts of life always brought their corrective. Martyrdom was the means by which the Jewish consciousness was kept at a glowing heat. And as the Jew was constantly called upon to die for his religion, the religion ennobled the life which was willingly surrendered for the religion. The Messianic Hope was vitalised by persecution. The Jew, devotee of practical ideals, became also a dreamer. His visions of God were ever present to remind him that the law which he codified was to him the Law of God.