TIP OF THE DAY 67: Jewish division of the law; Noahide law

MJ. Smith
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edited November 22 in English Forum

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I am adding these posts to the previous tip list L/V 10 Tip of the Day ; I am running into limits on the length of posts that may make me rethink presentation.

QUESTION: In the Jewish tradition what is the threefold division of the law?

ANSWER: From Perplexity:

Mishpatim, edot, and chukkim are three categories of laws in Jewish tradition:

1. Mishpatim (משפטים):

Meaning: "Judgments" or "Ordinances"

These are logical, rational laws that govern civil and criminal matters.

They are laws that can be understood through human reasoning and logic.

Examples include laws against murder, theft, and property damage.

2. Edot (עדות):

Meaning: "Testimonies" or "Witnesses"

These are commemorative rituals or practices that serve as reminders of historical events or spiritual truths.

They have both a logical basis and a symbolic meaning.

Examples include observing Passover, keeping the Sabbath, and wearing tefillin.

3. Chukkim (חוקים):

Meaning: "Decrees" or "Statutes"

These are laws that don't have an obvious rational explanation.

They are considered divine decrees that must be followed even if their reasons are not apparent to human understanding.

Examples include dietary laws (kashrut) and the prohibition against wearing garments of mixed wool and linen.

Key differences:

Mishpatim are understood through reason, edot combine reason and symbolism, while chukkim are followed primarily out of obedience to divine will.

Mishpatim focus on societal order, edot on historical memory and spiritual truths, and chukkim on absolute obedience to God.

Mishpatim would likely exist in any civilized society, edot are specific to Jewish history and theology, and chukkim are unique divine commandments.

This classification helps in understanding the nature and purpose of different types of Jewish laws and commandments. It's important to note that some laws may have aspects of more than one category, and interpretations can vary among different Jewish traditions and scholars.1

QUESTION: What is Noahide law?

SOFTWARE: An all search for Noahide law provides useful results.

ANSWER: from the Synopsis:

The Noahide laws, according to rabbinic Judaism, are a set of seven commandments believed to be binding on all of humanity, not just Jews. These laws prohibit blasphemy, idolatry, sexual immorality, murder, robbery, and eating blood, while also commanding the establishment of a system of courts. The concept is rooted in the biblical figure of Noah, hence the name "Noahide". Some scholars, like David Novak, view these laws as a form of natural law recognized by the Torah and applicable to all people. While the Noahide laws are significant in rabbinic thought, it's worth noting that rabbinic texts do not extensively discuss a covenant with Noah specifically. Instead, the covenant with Noah is primarily associated with God's promise not to destroy the world again, symbolized by the rainbow.2

From Elon, Menachem. Jewish Law: History, Sources, Principles = Ha-Mishpat Ha-Ivri. A Philip and Muriel Berman ed. Philadelphia: Jewish Publication Society, 1994.

A.Noahide Laws

Every society, in every stage of its life, adheres to certain fundamentals of a legal order; and it is clear that even at the very beginning, before the Torah was given, such legal norms existed in Jewish society.

This notion of fundamentals of a legal order appears in Jewish law in connection with the Noahide laws. A baraita states:

The Rabbis taught: Seven commandments were given to the descendants of Noah: [to establish] a legal order, [and to refrain from] blasphemy, idolatry, incest, bloodshed, robbery; and eating flesh of a live animal.

Thus, the social and moral life of human society before the Revelation at Sinai followed many established norms.

The concept of “a legal order,” set forth as the first of the seven Noahide laws, is explained in various ways by the halakhic authorities. The following comments of Naḥmanides are typical:

In my opinion, the legal order enjoined upon the descendants of Noah in their seven commandments not only includes the requirement of maintaining judges in every district, but they were also given laws relating to theft, overreaching, extortion, the payment of wages, bailees, rape and seduction, torts and personal injuries, loans and commercial transactions, etc., corresponding to the laws that were given to Israel.

Thus, the halakhic authorities have noted that the Written Law was not given in a legal vacuum, but was introduced into a particular legal environment. By examining the Written Law, it is possible to ascertain the legal environment to which the Torah related in various ways.”[3]

1 and and

2 Adele Berlin, Marc Zvi Brettler, and Michael Fishbane, eds., The Jewish Study Bible (New York: Oxford University Press, 2004), 2135. and Amy-Jill Levine and Marc Zvi Brettler, eds., The Jewish Annotated New Testament: New Revised Standard Version Bible Translation, Second Edition (Oxford; New York: Oxford University Press, 2017), 795. and Alex S. Ozar, “Review of Natural Law and Revealed Torah by David Novak,” First Things, no. 258 (2015): 61. and Lawrence H. Schiffman, Qumran and Jerusalem: Studies in the Dead Sea Scrolls and the History of Judaism, Studies in the Dead Sea Scrolls and Related Literature (Grand Rapids, MI; Cambridge, UK: William B. Eerdmans Publishing Company, 2010), 237.

[3] Menachem Elon, Jewish Law: History, Sources, Principles = Ha-Mishpat Ha-Ivri, A Philip and Muriel Berman ed. (Philadelphia: Jewish Publication Society, 1994), 194. https://mishp.ca https://bible.knowing-jesus.com/topics/Stoning

https://rsc.byu.edu/vol-19-no-1-2018/torah-mouth-introduction-rabbinic-oral-law

Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."

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