A History of Mediaeval Jewish Philosophy

by Isaac Husik

Applying what has just been said to the Law, we may divide its contents broadly into four classes, (1) Precepts inculcating true beliefs and ideas, such as the existence of God, his unity, knowledge, power, will, eternity. (2) Legal and moral precepts, such as the inculcation of justice and a benevolent disposition for the good of society. (3) The narratives and genealogies of the Law. (4) The ceremonial prescriptions.

Of these the purpose of the first two divisions is perfectly clear and admitted by all. True beliefs and ideas regarding God and his government of the world are directly conducive to the highest end of man, knowledge and perfection of the soul. Honorable and virtuous conduct is a preliminary requisite to intellectual perfection. The genealogies and narratives of the Bible are also not without a purpose. They are intended to inculcate a theoretical doctrine or a moral, and to emphasize the one or the other, which cannot be done so well by a bare statement or commandment. Thus, to take a few examples, the creation of the world is impressed upon the reader beyond the possibility of a doubt by a circumstantial narrative of the various steps in the process, the gradual peopling of the earth by the multiplication of the human race descended from the first pair, and so on. The story of the flood and of the destruction of Sodom and Gomorrah has for its purpose to emphasize the truth that God is a just judge, who rewards the pious and punishes the wicked. The genealogy of the kings of Edom in Genesis (36, 31) is intended as a warning to Israel in the appointment of kings. These kings of the Edomites were all of them foreigners not of Edom, and it is probable that the history of their tyrannical rule and oppression of their Edomite subjects was well known to the people in Moses's time. Hence the point of the enumeration of the list of kings and their origin is to serve as a deterring example to the Israelites never to appoint as king of Israel a man who came from another nation, in accordance with the precept in Deuteronomy (17,15), "Thou mayest not put a foreigner over thee, which is not thy brother."[297]

There remains the division of the ceremonial laws, which are the subject of dispute. The purpose in these precepts is not evident, and opinions are divided as to whether they have any purpose. I will endeavor to show, says Maimonides, that these also have one or more of the following objects: to teach true beliefs and opinions, to remove injustice and to inculcate good qualities.

Abraham grew up among the Sabeans, who were star worshippers and believers in the eternity of the world. The object of the law is to keep men away from the erroneous views of the Sabeans, which were prevalent in those days. The Sabeans believed that the worship of the stars helps in the cultivation of the ground to make it fruitful. For this reason they think highly of the husbandmen and laborers on the land. They also respect cattle and prohibit slaughtering them because they are of benefit in the cultivation of the land. In the interest of agriculture they instituted the worship of the stars, which they believed would cause the rain to fall and the earth to yield its fertility. On this account we find the reverse of this in the Bible, telling us that worship of the stars will result in lack of rain and infertility.

In the life of nature we see how one thing serves another, and certain objects are not brought about except through certain others, and development is gradual. So, for example, a young infant cannot be fed on meat and solid food, and nature provides milk in the mother's breast. Similarly in governing the people of Israel, who were living in a certain environment, God could not at once tear them away from the habits of thought to which they were accustomed, but he led them gradually. Hence as they were accustomed to sacrificing to the stars, God ordered them to sacrifice to him, the object being to wean them away from the idols in the easiest way possible. This is why the prophets do not lay stress on the sacrifices. To be sure, it was not impossible for God to form their minds so that they would not require this form of training, and would see at once that God does not need sacrifices, but this would have been a miracle. And while God does perform miracles sometimes for certain purposes, he does not change the nature of man; not because he cannot, but because he desires man to be free and responsible. Otherwise there would be no sense in laws and prophets.

Among the purposes of the law are abstention from self-indulgence in the physical appetites, like eating and drinking and sensuous pleasure, because these things prevent the ultimate perfection of man, and are likewise injurious to civil and social life, multiplying as they do sorrow and trouble and strife and jealousy and hate and warfare.

Another purpose is to inculcate gentleness and politeness and docility. Another is purity and holiness. External cleanliness is also recommended, but not as a substitute for internal. The important thing is internal purity, external takes a secondary place.

Maimonides ends the discussion of the Pentateuchal laws by dividing them into fourteen classes (following in this the divisions in his great legal code, the "Yad Ha-Hazakah") and explaining the purposes of each class. It will be useful briefly to reproduce the division here.

1. Those laws that concern fundamental ideas of religion and theology, including the duty of learning and teaching, and the institutions of repentance and fasting. The purpose here is clear. Intellectual perfection is the greatest good of man, and this cannot be attained without learning and teaching; and without wisdom there is neither good practice nor true opinion. Similarly honoring the wise, swearing by God's name, and not to swear falsely—all these lead to a firm belief in God's greatness. Repentance is useful to guard against despair and continuance in evil doing on the part of the sinner.

2. The precepts and prohibitions relating to idolatry. Here are included also the prohibition to mix divers kinds of seeds in planting, the prohibition against eating the fruit of a tree during the first three years of its growth, and against wearing a garment made of a mixture of wool and flax. The prohibition of idolatry is evident in its purpose, which is to teach true ideas about God. The other matters above mentioned are connected with idolatry. Magic is a species of idolatry because it is based on a belief in the direct influence of the stars. All practices done to produce a certain effect, which are not justified by a reason or at least are not verified by experience, are forbidden as being superstitious and a species of magic. Cutting the beard and the earlocks is forbidden on a similar ground because it was a custom of the idolatrous priests. The same thing applies to mixing of cotton and flax, to men wearing women's garments and vice versa, though here there is the additional reason, to prevent, namely, laxness in sexual morality.