This paper seeks to explore the relationship between sanctity and legalism through the eyes of the authors Chaim N. Saiman, Kent Yinger, Rabbi Michael Broyde, and Rabbi Howard Jachter.
An example of Jewish legalism is the prohibition of using electricity on Shabbat, which demonstrates this relationship between sanctity and legalism in Judaism. This paper will also demonstrate that “religion as law” as a concept in the inter-religious dimension is compatible between Judaism and Islam, however, conflicts as a concept between Judaism and Christianity.
Sanctity, or the state or quality of being holy or sacred, is translated into an extensive Halakha and ritual system in Judaism, which governs every aspect of Jewish life through both positive and negative mitzvah. For Jews, mitzvah “is a particular instance of halakhic-legal obligation.” (Saiman 2018, 18) In comparison, for Christians, mitzvah refers “to the overall content of God’s teachings and commandments.” (Saiman 2018, 18) In Judaism, the Oral Law including the Mishnah ‘articulates the scope of the mitzvot along with the rabbinic laws and enactments designed to expand and fortify them.’ (Saiman 2018, 18).
Saiman states that the ‘Bible presents them within a series of grand theological and national narratives’ while the Mishnah, ‘analyzes the mitzvot in terms of their legal parameters.’ (Saiman 2018, 18) For Yinger, one does not want to be coined a ‘legalist’ as this implies “a reliance on human obedience to the law rather than faith in the gospel.” (Yinger 2008, 93)
“Halakhah is not only a body of regulations, but a way, a path of thinking, being, and knowing.” (Saiman 2018, However, Yinger asserts that this system promotes form over substance, a common Christian critique of Judaism. “A pre-occupation with form at the expense of substance eventually yielded a vein of Judaism in which the works of the law were seen as a pathway to righteousness.” (Yinger 2008, 95) This legalization of holiness would lead Jews to righteousness and redemption.
Aside from Yinger, Christians often criticize Judaism as being ‘legalistic’ including Jesus himself. (Wikipedia 2023) “Jesus claims the Pharisees’ exclusive focus on the precise details of religious practice led them to mistake the legal trees for the spiritual forest.” (Saiman 2018, 23) “…legalism refers to ‘strict adherence…to law or prescription, esp. to the letter rather than the spirit.” (Yinger 2008, 97) In fact, Yinger says that the rigid interpretation of Torah by the Pharisees as reflected in the NT has become a prototype of legalism.” (Yinger 2008, 97) “…first-century Judaism is accused of legalistic overemphasis on 613 commandments (i.e. seeking to apply the letter of the law as broadly and specifically as possible.” (Yinger 2008, 104)
Saiman says that Jesus was not entirely incorrect as “Mishnah and the rabbinic tradition that grew out of it tend to refract the human experience through legal-analytical prism.” (Saiman 2018, 25) However, Saiman also states that Judaism is spiritual, “In both the Talmud and in later sources, they speak not only in the language of law, but also in the more evocative language of Aggadah – (rabbinic narratives and storytelling), and function not only as lawyers, but as inspirational preachers, social critics, moralizers, spiritual counselors, storytellers, and scriptural exegetes.” (Saiman 2018, 26)
Christians refer to Jews as missing the ‘big spiritual’ picture with an overly legalistic regulatory system while “Contemporary Christians refer to their religious imperatives as stemming from ‘moral theology,’ ‘church doctrine,’ ‘religious teachings,’ ‘vocations,’ or the ‘Christian calling.’ For Halakhic Jews, by contrast, religious commitments reside in a distinctly legal framework.” (Saiman 2018, 26)
However, Christians and Jews may be achieving similar end results of sacredness through salvation for Christians and redemption for Jews through different means. One will not see this Christian criticism of Judaism from Islamic scholars, as Islam also tends to be legalistic, codifying all aspects of the life of the Muslim in the Shari’ah.
Saiman describes Halakha as operating within two opposing poles. At one pole, Halakha functions as ‘a system of rules designed to govern human behavior.’ (Saiman 2018, 9) At the other pole, ‘Halakhah functions as Torah, as an object of Torah study, and even as literature…’ (Saiman 2018, 9). “The Talmudic sages held the laws of the Bible cannot be practiced until they are translated into more particular and detailed categories.” (Saiman 2018, 18) Thus, according to Saiman, the sanctity of the Torah operates on a quasi-legalistic and spiritual realm, through a regulatory system manufactured through Oral Law, which governs the life of the Jewish people as well as provides a path of thinking, being, and knowing.
Let us examine the interplay between sanctity and legalism in Judaism through the example of using electricity on Shabbat. According to Ladon, one cannot kindle fire on the Sabbath as per Exodus 35:3. (Ladon 2023) Accepted practice prohibits the use of electricity on Shabbat even when no light or heat is generated.” (Broyde and Jachter 1991, 3, 9) Although the prohibition of work is stated in the Torah at 31:12-17 (Ladon 2023), one must look to the Oral Law to find the reasoning behind such a prohibition.
“The Mishnah…presents thirty-nine base categories of prohibited activities…” (Saiman 2018, 30) “The 39 categories of activity that are forbidden on Shabbat, are all labors that have something in common – they are creative activities that exercise control over one’s environment.” (TorahTots website) One prohibition includes turning on incandescent lights during Shabbat. “The consensus of opinion – accepted by nearly all rabbinic authorities-is that turning on an incandescent electric light on Shabbat violates the Biblical prohibition, although a precise prohibition is in dispute; most authorities maintain the prohibition is lighting a flame, and a minority contends that the prohibition is either cooking or ma’keh bepatish.” (Broyde and Jachter 1991, 3) Broyde and Jachter assert that, “Current flowing through a filament and causing it to glow creates fire despite the absence of a ‘flame’ and regardless of whether that which is on fire is consumed.” (Broyde and Jachter 1991, 3) This example illuminates the dance between Torah and interpretation, which exists in Judaism.
Judaism codifies sanctity through codification thereby creating a regulatory system for all aspects of life. A common Christian criticism of Judaism is that it focuses too much on the legalistic interpretation of Biblical commandments and often misses the spiritual picture by focusing on regulation and law. However, Saiman has demonstrated that Judaism functions on a quasi-legalistic and spiritual level operating between the two poles of law and Torah. Judaism is similar to Islam in this respect.
Bibliography
1. Michael Broyde and Howard Jachter, “The Use of Electricity on Shabbat and Yom Tov,” Journal of Halacha and Contemporary Society, No XXI (Spring 91 – Pesach 5751): 1-23, https://www.daat.ac.il/daat/english/journal/broyde_1.htm
2. Everett Fox, The Five Books of Moses (New York, Schocken Books: 1995) 435-436; 463.
3. Joshua Ladon, “Week 5 Instructor Presentation: Judaism as Ritual and Law: The Case of Shabbat (video lecture) October 8, 2023, Graduate Theological Union HR-8170-1.FA23: Instructor Presentation, Judaism as Ritual and Law: The Case of Shabbat (gtu.edu).
4. Chaim N. Saiman, Halakhah: The Rabbinnic Idea of Law (Princeton: Princeton University Press, 2018) 1-14; 17-28.
5. “The 39 Melachot,” accessed October 9, 2023, TORAHTOTS 39 MELACHOT.
6. Wikipedia; Wikipedia’s “Legalism” entry, accessed October 8, 2023, Legalism – Wikipedia.
7. Kent Yinger, “Defining Legalism,” Andrews University Seminary Studies Vol. 46, No. 1, (2008): 91-108, “Defining Legalism” by Kent Yinger (andrews.edu).
The Use of Electricity on Shabbat / Rabbi Michael Broyde & Rabbi Howard Jachter and Yom Tov
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