Thursday 20 October 2016

Divine Providence, Free Will and Coincidence



Growing up through various stages of a religious Jewish education, something fairly ingrained in me was that there is no such thing as coincidence. I do remember one teacher mentioning that there are views that G-d does not intervene with unimportant matters, but this was certainly not considered mainstream.

It is perhaps shocking that despite spending most of the last 15 years learning Torah, it is only within the last two or three that I have investigated this seriously, but better late than never. The first thing that needs to be decided here is the method used to tackle philosophical questions, which texts are binding and how much is left to one’s own intellect.

The difference between halacha and philosophy

In “How does halacha work?” I explained the model of the Sanhedrin and the later equivalent of the Talmud.  In the first footnote I mentioned that whether the same rules apply to philosophical issues requires further discussion, and this is the place. The natural question to start with is whether the Sanhedrin have the same power when it comes to philosophy, essentially can they dictate what we are supposed to think.

The Torah seemingly tells us clearly which matters are within the remit of the Sanhedrin:

כִּי יִפָּלֵא מִמְּךָ דָבָר לַמִּשְׁפָּט בֵּין דָּם לְדָם בֵּין דִּין לְדִין וּבֵין נֶגַע לָנֶגַע דִּבְרֵי רִיבֹת בִּשְׁעָרֶיךָ וְקַמְתָּ וְעָלִיתָ אֶל הַמָּקוֹם אֲשֶׁר יִבְחַר יְקֹוָק אֱלֹקֶיךָ בּוֹ:

(דברים יז, ח)

“When a matter of justice will be hidden from you, whether between types of blood, din or negaim, matters of dispute in your gateways, you must arise and ascend to the place that Hashem your G-d will choose.”[1]

The Talmud Bavli explains that the question between types of blood refers to the blood of a niddah, as certain types of menstrual blood are in fact pure halachically. ‘Din’ refers to capital, monetary and corporal judgements, and negaim are the different types of tzara’as afflictions, some of which are pure and some impure. The seemingly superfluous phrase ‘matters of dispute’ adds also various cases of consecration, and the processes of the sotah, egla arufa (the calf whose neck must be broken when a murder has taken place and the culprit is unknown) and purification of the metzora.[2]

Clearly these examples are not exhaustive, but are meant to illustrate the different categories over which the Sanhedrin has jurisdiction. How to define these categories precisely is not so obvious, but there certainly is no mention of philosophical issues here.

In contrast, the Yerushalmi includes also aggadic matters, based on the word דבר at the beginning of the pasuk.[3] Based on this, some indeed understand that our question as to whether Sanhedrin dictates to us philosophical issues is itself subject to a dispute between the Bavli and the Yerushalmi.[4] If this is the case, the generally accepted rule is that the halacha follows the Bavli.[5]

It is possible to suggest that in fact there is no dispute here. Often seeming differences between the Bavli and Yerushalmi can be due to different styles. The Bavli tends to be clear and precise, whereas the Yerushalmi is more cryptic and poetic.

Bearing this in mind, it seems reasonable to suggest that the Yerushalmi also agrees that the absolute authority of Sanhedrin is limited to halacha. However, sometimes halacha itself can depend on philosophy. One who has heretical beliefs is not granted many of the special privileges halacha gives to the Chosen People.[6] But not every mistaken belief is heretical.[7] The Yerushalmi clarifies that the Sanhedrin has authority to fix which beliefs are heretical, but if heresy is not in question they do not dictate to us how to think.

Returning to our original discussion, I have yet to see any view about the way G-d oversees the world classed as heresy (as long as there is general acceptance that G-d does indeed oversee the world and has not forsaken it[8]). It follows then that the only authority that is binding here is that of G-d himself in Tanach. But the Tanach is far from clear-cut on this issue, and the same is true of Chazal. It therefore makes sense to start by quoting some of the Rishonim who did discuss this extensively.[9]

Rambam

The Rambam lists five ancient views that existed in the world about hashgacha (Divine Providence):[10]

1) There is none (the worthless belief of Apikores).
2) G-d cares only about the higher spheres of the universe, from the moon upwards (Aristotle).
3) Nothing in the entire universe is coincidental, all is decreed by G-d and there is no free will (the view of one group of Muslims).
4) There is free will, but all of G-d’s actions are with an intelligent purpose including what happens to animals, plants and the non-living. This also includes people being born with defects (the view of another group of Muslims).
5) All actions of man and animal are based on free will. All G-d’s actions are with justice, i.e. there is fair reward and punishment for everything. However this concept of reward and punishment applies only to man and not to animals[11] (the view of the Torah[12]).

The Rambam goes on to explain that his understanding of the Torah view is that G-d’s care for the world is dependent on seichel (intelligence or wisdom). The nevi’im have the highest level of protection, and others follow on a sliding scale. There is such thing as coincidence, but this is fair as those more deserving are less exposed to it. True, animals were born without individual Divine Providence, but this is no more difficult than the fact that they were born without intelligence.[13]

Who argues?

The view of the Rambam is endorsed by Ralbag[14] and R’ Yosef Elbo.[15] The Ran also says something similar, that G-d only changes nature in case of great need. It follows from this that some suffer despite their innocence.[16]

I have found no strong evidence that any of the early commentaries disagree with the Rambam in a major way. It seems that the first to do so was the Ohr HaChaim (1696-1743), who says that a person will never die by exposure to the elements or animals if he does not deserve it. However, even he agrees that human beings could kill one undeserving of death, as they have the ability to decide between good and bad.[17]

Not long after this, the Ba’al Shem Tov (c. 1700-1760) and the Chasidim stated that everything that happens is due to Divine Providence (although seemingly paradoxically they also accept the concept of free will). As already mentioned, the fact that they expressed a novel opinion is not to be held against them. However, the portrayal of this view as the mainstream is wrong and misleading.

Fallout

I believe that with an issue like this that can affect much of our decision making, everyone should figure out for themselves where they stand. Personally, as I have not seen any indication in Tanach or even in Chazal that Providence is all-encompassing, my assumption is that it isn’t. Crucially though, whatever a person thinks he must take responsibility for the consequences, both philosophical and practical.

One who takes the Chasidic approach must know how to explain how free will is not compromised.[18] He must also figure out how to understand suffering of the innocent, unless he is prepared to take the bold step of denying it entirely. Rationalists like me also have questions to answer, albeit in areas less directly connected.[19]

Practically, the way of the Rishonim is generally more conducive to taking responsibility for our actions. The assumption that in most cases G-d will not intervene, and our actions will achieve their natural results, is usually something very positive. Although the Ba’al Shem Tov certainly did not intend us to be passive and rely on Hashem alone, those following his path need to be aware of this possible danger.[20]

One reason many give for preferring the way of the Chasidim is the encouragement they can give to those who are suffering. They claim that it helps these people to understand that there is a reason for the pain they are experiencing.[21] Clearly this depends on the person, but in my view ultimately the opposite is true. Too often we have lost Jewish souls who simply could not comprehend what they or others had done to deserve the punishment they thought had been imposed upon them.[22]

In the short term it may also be hard for people to accept that they have been left by G-d to the mercy of the free will of others, and even to random occurrences. But once the importance of both free will and a naturally-functioning world are understood, it should become clear that even these events are in a broad sense part of G-d’s master plan.


[1] Devarim 17:8
[2] Sanhedrin 87a
[3] Sanhedrin 11:3
[4] See Igros Har’iya, Igeres 103
[5] As it was written later, and those who compiled it knew the views expressed by the Yerushalmi and decided whether to accept them or not. There is some discussion about the position of the Rambam on this issue, but the truth is that he states clearly in his introduction to Mishne Torah (quoted in “How does halacha work?”) that only the Talmud Bavli is absolutely authoritative.
[6] See for example Menachos 42b that if he writes tefilin they are invalid.
[7] See for example Ra’avad, Hilchos Teshuva 3:7 who argues this about the view that G-d has a physical form. Even though the Rambam strongly disagrees there, he also agrees that some mistaken views are not heretical. See Moreh Nevuchim 1:71 concerning the view that the world was not created.
[8] Such a view is criticized strongly by prophecies of Yechezkel, 8:12 and 9:9
[9] I have only quoted those who are clear in their views. Some others merely hint to the issue, and the view of the Ramban is hard to determine due to apparent contradictions.
[10] Moreh Nevuchim 3:17-18
[11] The Rambam mentions that one of the Geonim accepted the Muslim view that there is reward for animals, see the commentary of R’ Kapach for a discussion of who he may be referring to.
[12] Elsewhere (3:10) the Rambam explains that the existence of defects is inherent to physical beings, and other than this fact there is no reason why people are born with them. As the only alternative would have been not to create the physical world at all, even the creation of these people is a good thing.
[13] There is much more to be discussed here, but my purpose in this post is just to provide a starting point for independent thought.
[14] Milchamos Hashem, Ma’amar 4 chapter 7
[15] Sefer Haikarim 4:10
[16] Drush 3
[17] Bereishis 37:21
[18] Here it is not enough to claim lack of mental capacity and leave the understanding up to G-d, as if so one should also not assume that Providence is all-encompassing with certainty.
[19] I have a difficulty explaining the role of the simpleton who is entirely devoted to Hashem but understands little about Him. There also seem to be contradictions in Moreh Nevuchim about this.
[20] I described an example of this danger in 'Building the Beis Hamikdash'.
[21] I once even heard that a certain Rosh Yeshiva felt this way so strongly that he removed all sefarim with references to coincidence from the shelves of the yeshiva.
[22] The claim that it could be for sins in a previous life is rarely convincing or encouraging.

Sunday 2 October 2016

Lashon Hara- Is it that hard?



At the time of the year most appropriate for introspection, it may seem that 98% of genuine Torah-adhering Jews can be split into two groups. There are those who have given up on keeping the laws of lashon hara, instead looking for other area to improve in. And there are those who kid themselves that this year will be different.

My aim in this post is to make this picture slightly more accurate, and to examine what can be done to improve the situation. I will start by giving some historical background.

Responding to the needs of the time

The gemara quotes a statement that all Jews are guilty of lashon hara, and immediately objects that it is not possible to say such a thing. Rather, the meaning must be that all Jews are guilty of avak lashon hara (literally the dust of lashon hara).[1] In the same vein, the gemara also lists this as one of the aveiros that people do not manage to avoid on a daily basis.[2]

To summarise, the gemara tells us that the main prohibition of lashon hara is something that people can and do adhere to, but all fall in to the trap of speaking in a way that is incorrectly perceived as being ok. Clearly one of the first things that needs to be done to help this situation is to learn the rules in detail.

With this in mind it seems very surprising that the Shulchan Aruch does not discuss these laws.[3] It is quite likely that this omission further added to the ignorance in this matter, compounding the problem.

The Chafetz Chaim was atune to all of this, and decided that the sefer that Am Yisrael needed the most was a compendium of the laws of lashon hara. The other sefarim that he went on to write also dealt with issues he felt that the generation needed, in contrast to most of the sefarim that we have where the topic was chosen primarily based on the interests of the author.

Very few sefarim have as big an impact as the sefer Chafetz Chaim. For many years there has not been a child with a Jewish education who is not aware of the prohibition of lashon hara, and even many of the detailed laws that appear in the sefer are well known. Without detailed knowledge of the situation before the sefer was published it is hard to gauge what improvement was caused, but it is safe to assume that it was significant.

The situation today

As stated before, despite the best efforts of the Chafetz Chaim there is much more that needs to be done. One thing is clear to me- simply teaching the code of the Chafetz Chaim is not enough. This method has already been implemented for years, and all we can hope to achieve by it is preservation of the status quo.

In my view, today’s challenge is very different to that of the generation of the Chafetz Chaim. At a time when ignorance of the basic concepts of lashon hara was prevalent, the most important thing was to publicise the extent of the prohibition as much as possible, which the Chafetz Chaim did by writing a relatively long and stringent sefer. Nowadays, what is needed is a deeper understanding of the same basic concepts.

How can we achieve this better understanding? The more learned can go through the words of the Chafetz Chaim together with his explanations and derivations in the Be’er Mayim Chayim. His sources can be learned in detail, and this way the laws can be understood better. On occasion it may also be possible to understand these sources differently to the  Chafetz Chaim.

For those who are not yet comfortable enough at their ability to do this, there is another option. There is another compilation that includes the laws of lashon hara, in a clear, precise and concise language. The Mishne Torah of the Rambam is the only known complete compilation of all the halachos of Chazal, with no exceptions[4] (at least in his view).

The Rambam sums up all the rules of lashon hara in six paragraphs, at the beginning of the seventh perek of Hilchos De’os. Many years ago I heard an idea from R’ Zevi Friedlander (thank you wherever you are) that for those who find the Chafetz Chaim too much to take on, studying and trying to adhere to the Rambam’s laws is something more realistic. I believe that in addition to this it also helps to add clarity.

Some examples

The gemara tells us that after lashon hara has been said in the presence of three people (‘Apei Tlasa’) there is no prohibition.[5] The Rambam quotes this leniency, clarifies and adds a condition:

אחד המספר בלשון הרע בפני חברו או שלא בפניו, והמספר דברים שגורמים אם נשמעו איש מפי איש להזיק חבירו בגופו או בממונו ואפילו להצר לו או להפחידו, הרי זה לשון הרע. ואם נאמרו דברים אלו בפני שלשה כבר נשמע הדבר ונודע, ואם סיפר הדבר אחד מן השלשה פעם אחרת אין בו משום לשון הרע. והוא שלא יתכוין להעביר הקול ולגלותו יותר.

(דעות ז, ה)

Whether one tells lashon hara in the presence of his friend or not, or if he relates things that could cause physical or property damage or even to cause him distress or to scare him if it is passed on by word of mouth, this is considered lashon hara. But if these words were already said in the presence of three, the matter has already been heard and become known. Accordingly, if one of these three related the matter on another occasion, there is no issue of lashon hara provided that he does not intend to spread the rumour and reveal it further.



The Rambam explains that lashon hara is any passing on of information that could cause any kind of distress to someone else that he would not have experienced otherwise. It follows that if the matter is already public knowledge, the prohibition does not exist. However, as inevitably there are exceptions to the rule that what is known by three is known by all, the leniency given by the gemara cannot be followed blindly or used as an excuse for trying to get at someone.

In contrast, the Chafetz Chaim devotes an entire chapter of thirteen paragraphs to explaining the rules of the leniency of ‘Apei Tlasa’.[6] Without meaning any criticism whatsoever, for varying reasons much of this chapter is hard for people to relate to.

The first major point that the Chafetz Chaim makes is that only one who heard the lashon hara personally in the presence of three can use this leniency, otherwise he has no right to believe someone who told him that it is in fact public knowledge.[7] I have no argument with this, but in our generation it is (albeit sadly) rarely relevant. In the age of the internet and social media, most things are public knowledge virtually instantaneously.[8]

The second restriction added is that if the three people are God-fearing individuals who keep to the laws of lashon hara, the leniency does not apply.[9] The proof to this is from a Mishna which states that a dayan who was in the minority must not tell the losing litigant that he ruled in his favour,[10] even if many dayanim were present at the time the verdict was given.

This proof is by no means inarguable, as it would be logical to demand higher standards from dayanim. Nevertheless, the logic behind this restriction seems compelling.

However, the Chafetz Chaim adds that even if one of those present is God-fearing there is no leniency, and possibly even if he is not God-fearing but is a friend of the person the lashon hara was said about. This limitation is a stretch, and it seems more probable that the requirement of three people compensates for the possibility that some of them will keep the matter to themselves. Certainly, taking on the basic requirements codified by the Rambam is a better alternative than giving up entirely because of the stringencies of the Chafetz Chaim.[11]

Where we can really make a difference

The benefits achieved by taking on a limited undertaking in this area can be far-reaching. Although I have argued that nowadays some of the restrictions made by the Chafetz Chaim are irrelevant, for the same reason the severity of speaking lashon hara that is genuinely prohibited is often greatly increased. I will bring two examples to illustrate this.

When it was revealed that a Knesset member had made inappropriate comments to a woman a long time previously, there was rightly widespread agreement that he had to resign. Those entrusted with running the country should be of high moral calibre, and if he had continued to serve as if there was no problem it would have given off a bad message.

Less discussed was the issue of whether it was right for the matter to be revealed in the first place. The halacha is very clear here- as long as there is no-one in any danger of suffering further damage it is forbidden to say anything. While it is not for us to judge the recipient of the inappropriate comments who had to see this person achieving respect and power, we also cannot excuse what she did. The public gained nothing significant from the termination of this man’s political career.

The second case is that of a high-ranked soldier accused of rape. Here we cannot know whether there is truth behind the accusations, and therefore we cannot blame the accuser. If it is true she certainly had the obligation to report the matter to the police in order to protect others.[12]

However, we must object strongly to the court allowing the name of the accused to be made public. Whether or not he is guilty, his career has been destroyed. Just as the court recognised that the accuser needed protection and has remained nameless, the same protection should have been given to the accused.

Conclusion

Lashon Hara remains one of the major destroyers of society. If we can follow the example of the Chafetz Chaim and stay in tune with the needs of the times, we can go a long way to building a world that can flourish.


[1] Although it is quite clear that the gemara is referring to something prohibited, and not merely a stringency.
[2] Bava Basra 164b-165a
[3] See Magen Avraham 156:2 who mentions lashon hara in his list of the omissions of the Shulchan Aruch. I do not know how the Shulchan Aruch decided what to include and what not.
[4] See his introduction to the Mishne Torah.
[5] Arachin 16a. Although Tosfos explain this gemara in an entirely different way, they surely agree that when there is no doubt that the damage already has been done and nothing is being added, there can be no prohibition.
[6] Hilchos Lashon Hara, Klal 2
[7] Ibid. halacha 4
[8] Similarly, the stipulation made in halacha 6 that the leniency applies only within the same city that the lashon hara was heard, is irrelevant in our generation. The same is true for many other examples.
[9] Halacha 5
[10] Sanhedrin 29a
[11] Although it is certainly better to refrain from speaking in a derogatory manner for no positive purpose. See the Rambam’s commentary to Pirkei Avos (1:16) where he divides speech into five categories, and includes any purposeless speech in the ‘repulsive’ category.
[12] See Klal 10 of the Chafetz Chaim for details of this. Admittedly this section is not clear in the Rambam, although generally one can derive the rules from basic common sense.