Thursday, August 27, 2009

Re'eh-The Spirit of The Law

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Rabbi Yitzchak Hutner (approbation to Badei Hashulchan, Laws of Nidda) postulates that there are two facets to every category of law in the Torah. One facet is the creation of the law. The other facet is its development. In the creation there is one central principle. In the development there are as many applications of the principle as possible.

An imprecise analogy is the Big Bang Theory. The universe is comprised of almost an inestimable integer of components that have risen from one central point.

So to laws from one particular section are copious but stem from one central principle. For example, the laws of Shabbos are numerous. However, they all stream from one basic principle that the Torah dictates rest on the seventh day of the week.

Rabbi Hutner’s opinion is constructive in answering a query. How does one master all the details in any particular area of knowledge? Rabbi Moshe Chaim Luzzatto (The Way of God, introduction) explains that for a novice in any field it is indeed impossible to seize the myriad of details that are involved. However, the principles are within his grasp.

For example, one inexpert in airplane assembly cannot appreciate every piece of its equipment. Nevertheless, he grasps that airplanes are built to fly. As a result, one can deduce that everything in the airplane somehow contributes to its flight.

When one understands a principle one understands the details to a certain extent. It is analogous to grabbing a mug by its handle. By lifting the handle they lift the entire mug.

Similarly, when one understands the principles and most of the details one grasps the spirit of the law as well. Because, in the final analysis any body of law conveys a particular charge. Therefore, any contribution to that charge even if it is not a law falls within the scope of the spirit of the law.

The same applies to the Torah. When one understands all the principles of God one grasps God’s charge for us. Rabbi Luzzatto explains that this is the attribute of a Chasid-a pious individual (Path Of The Just, chapter 18).

A pious individual loves God so much that he tries to perform acts that make God happy. How does he know what makes God happy? He knows from the information that God gave him and applies it to his life.

For example, my mother once asked me to mop the floor. I mopped the floor. Did you sweep first? she asked. I didn’t. Don’t you know that if I ask you to mop the floor I mean I want it to be clean? Of course, you have to sweep it first.

In crude terms we are obliged to keep the spirit of the law as well as the law itself. This is the message of this week’s Parsha,

“Safeguard and listen to all these words that I command you, in order that it be well…when you do what is good and right etc.” (Deuteronomy 12:28)

These words invoke the directive of Parshas Vaeschanan (see Meshech Chachmah who makes this connection), “And you shall do what is good and right etc.” (Ibid 6:18)

Nachmanides (ad locum) explains that the purport of these words is that the spirit of the law is the ultimate goal of the Torah.

“He is stating that even where He has not commanded you give thought…to do what is good and right in his eyes…this is a great principle for it is impossible to mention in the Torah all aspects of man’s conduct with his neighbors and friends and all his various transactions and the ordinances of all societies and countries. But since He mentioned many of them such as Thou shalt not go up and down as a tale bearer; thou shalt not take vengeance…He reverted to state in a general way that, in all matters one should do what is good and right, including compromise and going beyond the requirements of the law.”