Sunday, November 23, 2014

Is Jacob Ethical? Part 1


Shortly after World war I, the great powers passed a remarkable law. It was called the "Kellogg Briand Pact".  It outlawed war! Never again would nations resort to violence as a means of solving issues. Mankind would no longer suffer the the horrors of war, after having seen its horrors in the first World War! Now, how has that worked for us? Many nations have laws banning discrimination and racism. In those lands, have  discrimination and racism disappeared?
The Torah is the greatest work of morality and champion of human rights and dignity in the world. Yet, many institutions that are far less than noble are enshrined in the Torah, but vastly limited. In the ancient world, a ban on slavery would have been completely ignored. The Torah does not forbid slavery, but so limits its parameters and conditions, that the rabbis of the Talmud say: "He who buys a slave, buys a master". The institution died a natural death in Jewish life. One of the realities of war is, tragically, rape. The Torah (Deut. 21:10-14) doesn't forbid it, but rather sets conditions that are calculated to cool the soldier's passions. He must take her home, allow her to mourn, and then marry her! The rabbis comment "the Torah is speaking with the Evil Inclination in mind". (Dibrah Torah k'neged Yetzer hara). In all the Divine legislation, human frailty is taken into consideration, and realistic boundaries are set, with the eventual goal of the permanent improvement of Man's moral fiber.
Some religious and philosophical traditions forbid violence and falsehood under ANY circumstance. Some interpretations of non-violence urge a person to die rather than defend himself, or to allow himself to be dehumanized with all manner of injustice, but to maintain silence. This is not the Torah! Self defense, whether on the individual or communal level, is stipulated in the Torah. "If one is coming to kill you, rise early to kill him" say the rabbis. However, if possible, we are only to use the minimal force needed to save ourselves.
We are dealing with the conundrum of "the ethical man in the unethical situation". I shall attempt to outline the approach to the Torah and the Halachah (Jewish Law) to this topic, and relate this back to the story of our Father Jacob.

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