Legal Ontology

By: Jonathan Seidel

Halakhic theology: a solution to divine absence

Soloveitchik’s halakhic man devoid of metaphysics and theodicy is the perfect answer to the religious queriers after the holocaust. Jews were stunned by the immense devilish cruelty of the nazis. Many left due to the trauma and the lack of divine concern. Soloveitchik’s halakhic man provides an ideal archetype concentrating on the religious practice unfettered and uninterested in the divine drama. 

Halakhic man presents a culturally committed Jew. A theme continued in Leibowitz and Levinas’ work. The law is the central facet of Judaism. The metaphysical queries only fuel complexity and confusion. The goal is to commit to the law and practice it daily. More than Judaism is a religion, it is a nation. A tradition of rituals to habituate a lifestyle. Following God’s will is imperative. The law responds to events by articulating ethical motivations to better life. Law seeks to understand through action instead of endless pondering. The law comforts the soul through activity. 

For the orthodox this is simple. Even for less affiliated Jews, the law is the central foundation of Judaism. It has always been and will always be. Maimonides the founder of religious dogma, placed the law above everything. The national heritage is the legal association. The law is ontological in its foundational link to Jewish expression. To be Jewish is to practice the law, not concern with divine drama. Whether for worship or cultural affiliation, the law is the ancestral link. It is the essence of Jewish identity, the mark of difference and uniqueness. 

Nazis targeted biology, even those assimilated with no connection to Judaism. They were involuntary conversos but yet were conversos nonetheless. The nazis regarded blood as the mechanism of identity but this was wrong. They shifted their approach to deny any link to a Jewish ancestry. Yet for the Jew, his culture is his identity. Many assimilated to rid their Jewish heritage. Hitler reminded them they could never escape their fate. For the Jew, his tradition is the mark of his identity. It is not mere biology but an ontology. The law is the mechanism of the Jewish expression. 

The most important event in Jewish history is revelation. Revelation gave the Jews the divine will to express themselves. The origin of their culture to what today is Judaism emanates from that event. To be Jewish meant to participate in his culture. Ironically, Soloveitchik distinguishes between fate and destiny providing Jewish legitimacy to the blood aspect as the nationality. The holocaust scared Jews away from their Judaism and abandon their heritage in anger to God. Yet to leave God does not mean to leave the people. Family is family through and through.

Contra Soloveitchik, the fate of the people is the law. The law is what has always defined them from Egypt to Haman to Greece to medieval Europe. The nazis changed the trajectory with the secular promise. The law need not be accepted in the orthodox context but conceptually to a degree. The law is the ceremonial connection. The maskilim who withdrew from the “legalistic” measures held on to the ceremonial laws. To be Jewish meant to cling to history and heritage. The law whether in the details or categorically is the binding force.