We run the risk of losing the Halachik soul of our Jewishness even as we become increasingly meticulous in the observance of halachik detail. We need coaches and mentors, leaders who live and act as Jewish princes and princesses, and who have the talent and the courage to teach this to the world.
Halacha vs. halacha
Yes, halacha (with a small h) omits many important principles. These principles are however included in Halacha (with a capital H). What is the difference between Halacha and halacha? What important practices does halacha leave out of its codified systems, and why? And where can we access the principles and practices that halacha omits.
We use the term halacha in two separate contexts. The more frequent use of the term is as a codified set of laws that govern every aspect of our lives. The primary codification is the Shulchan Aruch and the works that interpret it. The codification extends to subsequent anthologies of halacha and works of sheilos uteshuvos(halachik responsa) written my poskim, that treat contemporary issues and specific situations as they arise at different times in different geographies.
The second use of the term, the use that I differentiate with a capitalH, includes all of rabbinic literature with the exception of liturgy,aggadah (metaphoric and narrative passages) and Kabala. This meaning of Halacha however goes beyond a body of published material. It also includes the principles that underpin that body of work, the Talmudic method of Halachik reasoning and the philosophy - the world-view of Judaism. In the essay on Parshas Bo this year, I described this meaning of Halacha as a discipline of logical, deductive methodology by which we extrapolate G-d's expectations of us in situations not already defined in prior written works.
Sanctity
The Ramban on Kedoshim Tiheyu powerfully exposes how halacha (small h) does not include all the prohibitions that Halacha (capital h)requires. The mitzvah of Kedoshim Tiheyu (You must live lives of sanctity) includes many prohibitions that are not specifically codified because they vary from place to place, period to period and even individual to individual. Kedoshim Tiheyu is a general injunction that we live elevated lives and act in sanctified ways even when we do things that are technically permitted by halacha. For example, theRamban explains, there is no limit given in the Torah to how much kosher food we can consume in one meal. Provided the food is kosher (halacha) and we recite the appropriate berachos (halacha) we may technically eat as much as we want. However, Kedoshim Tiheyu (Halacha) specifies that our meals should be conducted in a sanctified manner. This mitzvah requires that we govern our impulses and cravings and eat only what is healthy in quantities that are healthy and that we do so in ways that are dignified and noble. The quantity of food, the choice of what we eat and what is considered dignified might vary from one situation and individual to another. This is why it cannot be codified under the laws of general behavior, halacha, but is still a critical part of Halacha. In fact inHalacha we find the soul and essence of what a Jewish life is; halacha on the other hand, is a more commoditized list of activities that emerge from that essence but does not articulate it.
A Royal Family of Princes and Teachers
A second example of Halacha as opposed to halacha appears in this week's parsha, Yisro. In Shemos 19:6 we are told: Ve'attem tiheyu li mamleches kohannim vegoy kadosh ("And you live for me as a royal family of Kohannim and a nation of sanctity"). Rashi translates this as a nation of princes. The Netziv[*] explains in his Ha'amek Davar:
"A royal family of Kohannim" refers to the straightness and righteousness with which we are to deal with our fellow human beings. It is not the function of the Torah to list what constitutes straightness and righteousness. Also, because it varies between places and eras, it is not laid down as a criterion for the halachathat governs every Jew, but it is nevertheless the will of Hashem(Halacha). And "GoyKadosh" refers to our relationship with Hashem - to act in a way whereby we sanctify ourselves even in doing that which is technically permitted by halacha. This aligns to the injunction of KedoshimTiheyu as explained by the Ramban. This too, a list of what precisely constitutes kedusha is not part of the Torah and it varies between individuals. This is why it is not a condition of halachik observance but it is nevertheless the will of Hashem.
Clearly we see that there is a body of practice that is G-d's will (Halacha) but is not included in codified halacha. This pasuk requires us to be a nation of princes who teach the world both formally through its wisdom and informally by its example. But the Torah does not specify how princes act. How then can we access knowledge of and sensitivity to the behaviors of princes and world teachers if the Torah doesn't specify these behaviors?
Royal Coaches
When my siblings and I were growing up in South Africa, we often heard the phrase from our parents, "we, don't do that," or "we don't behave, or talk in that way." And if we answered but so-and-so does, or everyone does; we elicited the immediate response of, "that may be, but we don't." Much later when I was old enough to travel, I learnt that 'we' was not just my parents or our family. 'We' was the global community of benei Torah, sons and daughters of Rabonnim, Roshei Yeshiva and Talmidei Chachamim. They adhered to the same standards of behavior with which we were raised in South Africa, and thanks to our parents' careful child raising skills we were able to integrate into these families, many of them our relatives, with cultural ease. You learn how to live as a mamleches kohanim vegoy kadoshfrom parents who coach and mentor you. There is no book to show you the rules.
Many religious people today do not have religious parents. And many religious parents themselves were not coached in this way by their parents and teachers. The onus now falls on rabbis and educators to coach their students and followers in what we do and don't do, whether or not it is codified in halacha. We face two challenges though: Firstly, even many of today's rabbis and educators never had the experience of this type of upbringing; and secondly, even those who were themselves coached in this way often lack the confidence to impose the values with which they were raised, on their students and communities. We run the risk of losing our mesorah, theHalachik soul of our Jewishness, even as we become increasingly meticulous in the observance of halachik detail.
We need to rethink the way we train our rabbis and educators, and the way we teach our children and their parents. We need more than teachers and poskim (although we need plenty of them too). We need coaches and mentors, leaders who know what it is to live and act as Jewish princes and princesses, teachers of the world. We need people courageous enough to tell people not only what to do and what not to do, but to impart to them the sensitivities needed to live as a mamleches kohanim vegoy kadosh.
If this call to action resonates with you and if you are willing to play some part in a movement to restore majesty to the practice and teaching of Torah, please let me know. This is my mission and the mission of iAwaken:
To showcase the majesty of Torah, teach its relevance, project its sanctity and apply its power as a force of positive change and growth for individuals and societies.
We will need to do more to give this idea life, meaning and impact. We need passionate people and committed leaders to make this a movement - movement in the sense of a critical mass of people of influence (whether big or small influence, broad or narrow,) who can move an idea forward. Please join us if you can. Parshas Yissro is the moment.
[*] Reb Naftali Zvi Yehuda Berlin z"tzl (1816-1893) Rosh Yeshiva of Valozhin.
