A Thought for the Week with Rabbi Jay Kelman
Parshat Shoftim - Intellectual Honesty

Judaism has always placed tremendous emphasis on intellectual achievement and development. Talmud Torah kneged kulam - the study of Torah equates all other mitzvoth, speaks to this emphasis. "An ignorant person can not be pious" (Avot 2:6) our Sages teach. 

While one's intellectual capability is determined by our Creator, the Torah expects every Jew, young or old, poor or wealthy, man or woman, married or single to study Torah each and every day. Whereas for most people their main service of G-d will be expressed in a variety of other ways -  understanding and appreciating  the beauty of G-d' s universe, the study of science, literature or psychology, acts of chesed , prayer, integrity in our monetary dealings - Torah study remains the highest expression of understanding the Divine will.  It was the equating of the importance of prayer and learning that was one of the primary causes of the vehement opposition to the founding of the Chassidic movement. 

Learning Torah properly requires intellectual curiosity, critical thinking, fierce independence, a fearless search for the truth which knows no bounds. Rav Moshe Feinstein zt"l in his beautiful introduction to his Responsa, notes that he will be disagreeing with many earlier authorities whom he considered much greater than himself. Rav Moshe points out that not only is this allowed, it is mandated as the search for truth defers to G-d alone - and even here "Torah is not in heaven", it is man alone who may issue Torah rulings (see Baba Metzia 59b).

While those who are able to argue with the greats of the past in the practical implementation of Jewish law are very few and far between, all are still mandated to critically study the rulings of our great authorities never ceasing to question and analyze their decisions and reasonings. This is the way of Torah. At times questions may lead to refinement or even rejection of previously accepted positions, and at times similar questions may be left unanswered but bearing no practical significance.

It is the fierce independent mindedness of the Jewish people through time that has led to so much controversy in so many areas of life.  Today we unfortunately lack a Sanhedrin , a supreme court, that can rule on difficult and controversial matters . Crucial matters are at times left unresolved.  Such was not meant to be.

"If there arise a matter too hard for you in judgment between blood and blood, between plea and plea, between stroke and stroke, matters of controversy within your community then you shall arise and go to the place that the Lord shall chose" (17:8). The Torah in delineating the role of the Sanhedrin goes on to mandate that one must follow the ruling of the Supreme Court even if, as the Sifri ( Midrash halacha on Devarim) comments "it appears they tell you right is left and left is right". 

"And the man who rebels and refuses .. then that man must be put to death" (17:12).  A system of law loses all authority if the rulings of the Supreme Court are flaunted, causing anarchy and national chaos. Thus the Torah takes a very hard line - calling for the death penalty - for such defiance.  While our tradition proscribed the death penalty only for a member of the Sanhedrin who defies his own court's ruling, refereed to as the zaken mamreh , the rebellious elder, the language of the Torah referring to "the (plain) man" makes it clear that all must defer to the authority of the law as defined by its greatest scholars.

However while one can legislate action one may not attempt to control another's mind. The dissenting judge may - and perhaps even should  - continue to express his opinion that the members of the Supreme court erred  and that he believes the decision to be wrong.   Only when he crosses into telling people to defy the ruling and actually act against the high court does he forfeit his right to life, undermining as he is the basis of society. 

Yet such is the intellectual honesty the Torah expects of us - to express what we feel to be correct even in the face of disagreement from the greatest minds of the generation.  And such is the societal norm demanded of us - that no matter how wrong we may think others to be, the rule of law must be respected.  This tension between thought and action is ennobling, allowing us to grow as we search and struggle to properly live our lives "according to the law which they shall teach you" (17:11). Shabbat Shalom!