Thoughts to Ponder 287 (645)

Law and Liberation

In Heschel, Jewish Thought and Philosophy and Parashat Mishpatim by Rabbi Nathan Lopes Cardozo

These are the laws (mishpatim) which you shall set before them . . .

Shemot 21:1

Few matters are as misunderstood as Judaism’s “obsession with the law.” As religious Jews, not a moment goes by that we are not reminded of our obligations as set down in the Shulchan Aruch (Code of Jewish Law). While later authorities have sometimes disagreed with certain decisions laid out in this legal code, and have even ruled differently, Halacha is still at the center of Jewish life and is relentless in its demands. Nearly every moment in the life of a Jew is codified, sometimes touching on seemingly absurd details, such as the way we are to tie our shoes, or how many grams of matza we must eat on the first night of Pesach.

Judaism has never had a finalized or dogmatic belief system such as we find in the Church. Not even Maimonides’ thirteen principles of faith were fully accepted by later thinkers. Throughout the centuries and to this very day, there has been an ongoing debate about what the Jew is obligated to believe.

Halacha, on the other hand, is far more normative and standardized. Moses Mendelssohn’s famous observation, “The spirit of Judaism demands conformity in action and freedom in respect of doctrine,”[1] is most illuminating. Judaism is basically a religion without an authorized theology, in which the correct deed is more valued than the correct belief.

The absurdity of rejoicing in the law

Since the earliest days, this “obsession with law” has often been attacked, even ridiculed, by Christian thinkers, as well as by some of the most sophisticated philosophers in modern times. Benedictus Spinoza, Emanuel Kant, and many others have accused Judaism of extreme behaviorism, in which we lose our freedom and are imprisoned in a web of laws that make life miserable and devoid of any simcha (joy). How, after all, could such a system be conducive to the kind of life we all long to live? Where is its spirituality?

Even more surprising is the fact that Jews throw a party every time another member of their community is literally coerced to comply with all these laws. The bat-mitzvah girl and the bar-mitzvah boy are both forced into this covenant-of-the-law when they respectively turn twelve and thirteen years old. Up to that moment they are not obligated by any of these laws — except for educational purposes — and are therefore still able to enjoy their freedom. But all of this changes overnight when they reach the age of legal obligation. Instead of a party, one would expect a gathering of heavy-hearted people where these children mourn and are offered consolation, similar to when people have just lost a loved one. After all, losing one’s freedom is not much different from losing life itself.

And yet, religious Jews throw a party, dance and sing, and are as happy as they can be when one of their members comes of age. Nothing better can happen to them then when their children enter this covenant of duties.

Jews have an inborn love for the law. Anyone who has ever studied in a yeshiva cannot forget the joy that permeates the study hall when a student manages to discover a new law, or even invent one when no law was known to exist. While many Orthodox Jews sometimes seem to be more in love with the law than with God, demonstrating that they do not see the forest for the trees, one cannot help but be flabbergasted by the fact that they would almost give up their lives for one little law that seems, in the eyes of others, to be of the utmost triviality. 

What is the mystery behind this devotion?

The secret of true freedom

Religious Jews carry a secret that few people have understood: that true freedom can be earned only through great discipline. Freedom is the will to take responsibility. It is a mental state, not just a physical condition. Its primary requirement is to live for something that is worth dying for. A life without a mission is not worth being born into. In the words of Avraham Joshua Heschel

The dignity of man stands in proportion to his obligations as well as to his rights. The dignity of being a Jew is in the sense of commitment, and the meaning of Jewish history revolves around the faithfulness of Israel to the covenant.[2]

There is no greater injustice than bringing children into the world without giving them a mission to live for. While most people today believe that one should not burden children with obligations, but rather allow them to make their own choices, Judaism teaches us that giving a child the feeling that he has a moral task to fulfill is giving him the option to experience immense joy.

A vote of confidence

Most employees will complain when asked by their manager to take on a difficult task and will try to free themselves of the assignment. What they don’t realize is that by doing so, they miss out on exactly what they are looking for — a compliment. A wise manager will know the art of assessing her employee’s abilities properly. By giving him a difficult task, she sends the strong message, “I believe in you.” Every challenge presented is, in fact, a vote of confidence: “I know you can do it.”

It is for the above reasons that religious Jews revel in their many obligations. They do not see these as a burden, but rather as a tribute to their greatness and their unlimited potential. For them, these are not just 613 obligations; they are 613 compliments. The question is not why we have so many obligations; the question is why so few compliments. Only 613?[3]It is this feeling that prompts them to look for many more, and they will sometimes use the most farfetched arguments to discover yet another law. They will debate back and forth just to discover one more compliment, as if searching for a diamond. And nothing motivates them more than enjoying this.

When their children reach the age of twelve or thirteen, parents are elated at the prospect that they too will now enter into the covenant of compliments. For that they will certainly throw a party, whatever the cost. It is their ultimate moment of joy. And even if the non-religious (Israeli or Diaspora) Jew no longer understands this truth, but still insists that his daughter celebrate her bat-mitzvah, or that his son celebrate his bar-mitzvah, that insistence indicates that deep down he still knows what it really means to be a Jew.

One of the greatest tragedies in the Jewish community today is that even many Orthodox Jews no longer realize the significance of what they celebrate or what they are committed to. A covenant of compliments! No greater freedom exists.

Notes

[1]    Moses Mendelssohn, Letter to Wolf Dessau, 11 July 1782.

[2]    A.J. Heschel, God in Search of Man, (New York: Farrar, Straus & Cudahy, 1955), p. 216.

[3]    This is the official number of commandments mentioned in the Torah. Obviously, not all these commandments apply to the average Jew.

[4]    Carol S. Dweck, Mindset: The New Psychology of Success (New York: Random House, 2016).

Questions from the DCA Think Tank

  1. Many cultures have traditionally held some form of ceremony when a child “comes of age”. Why do you think this is? Do you agree with Rabbi Cardozo regarding the “absurdity” of “throwing a party” when a child reaches the age of legal obligation?
  2. Rabbi Cardozo uses the analogy of a manager who assigns an employee a difficult task, and says that such an assignment is really a compliment. This analogy seems to assume that if the law is given by God, and we revere God, we will see each mitzva as a compliment. But what if we do not believe that the Torah is in fact divine? Will we still see our obligations this way? Why or why not?
  3. Psychologist Carol Dweck defines a “fixed mindset” as one where people believe their basic traits, such as intelligence or talent, are simply fixed traits. [4] In a “growth mindset,” on the other hand people believe that their most basic abilities can be developed through dedication and hard work — brains and talent are just the starting point. She argues that such an attitude creates a love of learning and a resilience that is essential for a meaningful life. Do you think that the Jewish “obsession with the law” fosters a growth mindset or a fixed one?

Rabbi Nathan Lopes Cardozo

Rabbi Dr. Nathan Lopes Cardozo is the Founder and Dean of the David Cardozo Academy and the Bet Midrash of Avraham Avinu in Jerusalem.

A sought-after lecturer on the international stage for both Jewish and non-Jewish audiences, Rabbi Cardozo is the author of 18 books and numerous articles in both English and Hebrew.

He heads a Think Tank focused on finding new Halachic and philosophical approaches to dealing with the crisis of religion and identity amongst Jews and the Jewish State of Israel.

Hailing from the Netherlands, Rabbi Cardozo is known for his original and often fearlessly controversial insights into Judaism. His ideas are widely debated on an international level on social media, blogs, books and other forums.

More about Rabbi Nathan Lopes Cardozo