Bavli Sanhedrin

The rabbinic valorization of Torah study and dialectic manifests in particular in passages that expound laws that were no longer practicable in the rabbis’ day. For example, the earlier rabbis of the Mishnah disabled the law of the stubborn and rebellious son of Deuteronomy 21 through painstaking hyperliteral exegesis (see “Mishnah Sanhedrin”). In the Gemara’s commentary, the reason for interpreting the law in such a way that it cannot be enacted is made explicit: According to one sage, the law is morally objectionable. As such, it was given not to be enacted but to be studied and expounded, as the rabbis have done.

Two other harsh scriptural laws—those requiring the utter destruction of an idolatrous city and a “leprous” house—are also said to have been given only for study and exposition and not for enforcement. This view is resisted, however, by individual sages who assert that each of these individual laws was enacted at least once. It is possible these sages cannot accept the idea that God would give a law solely in order to engage scholars and hone their skills of interpretation and argumentation. Alternatively, they may be cautioning the sages against an absolutist overconfidence in their own moral compass and urging a little epistemological humility. After all, there may have been one time in all of human history that these harsh rules were—for reasons we may have overlooked—the more just, merciful, and thus desirable course of action.

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The rabbinic valorization of Torah study and dialectic manifests in particular in passages that expound laws that were no longer practicable in the rabbis’ day. For example, the earlier rabbis of the Mishnah disabled the law of the stubborn and rebellious son of Deuteronomy 21 through painstaking hyperliteral exegesis (see “Mishnah Sanhedrin”). In the Gemara’s commentary, the reason for interpreting the law in such a way that it cannot be enacted is made explicit: According to one sage, the law is morally objectionable. As such, it was given not to be enacted but to be studied and expounded, as the rabbis have done.

Two other harsh scriptural laws—those requiring the utter destruction of an idolatrous city and a “leprous” house—are also said to have been given only for study and exposition and not for enforcement. This view is resisted, however, by individual sages who assert that each of these individual laws was enacted at least once. It is possible these sages cannot accept the idea that God would give a law solely in order to engage scholars and hone their skills of interpretation and argumentation. Alternatively, they may be cautioning the sages against an absolutist overconfidence in their own moral compass and urging a little epistemological humility. After all, there may have been one time in all of human history that these harsh rules were—for reasons we may have overlooked—the more just, merciful, and thus desirable course of action.

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