Shedding Light on Burning Issues #2: Letter of the Law, Spirit of the Law

Rabbi Mayer Twersky

The reason for the Rav's nuanced formulation is that Hazal in many instances highlighted the difference between technical and axiological infractions by delineating different categories of impermissible behavior. Whereas the former are always labeled assur, the latter, though categorically wrong and impermissible, are classified as ein ruah hakhamim nohe mi-menu, or alternately without classification unequivocally censured. For instance, the Talmud states explicitly that it is impermissible to renege on an oral commitment to finalize a business transaction and yet conspicuously avoids the term assur, opting instead for the phraseein ruah hakhamim nohe mi-menu. Similarly, although betrothing in the marketplace is not technically assur, nevertheless, according to halakha, this vulgar practice is clearly wrong and, as such, is punishable by lashes. The same strict punishment is imposed upon one who betroths without prior engagement, though this act too is not technically classified as assur. In sum, although axiological principles are sacrosanct and any deviation therefrom is severely censured, nevertheless the term assur is often reserved for technical violations.

Rabbi Saul Berman, Playing Ball on Shabbat and Yom Tov

Ball playing on shabbat and yom tov is a vacuous, pointless activity, almost as useless as sleeping hours on end. But it is halakhically permissible and serves a perceived need for relaxing, enjoyable and physically energetic activity time. Let’s not take that away from people until we can replace it with something that serves approximately the same purposes, and also serves to enrich their religious and ethical beings.

Unsurprising, therefore, the ritual was a product of the out-of-town Orthodox pioneers who dared to take risks along the American frontier. Decades later, it was long forgotten that bat mitzvah was ever a controversial item. In a sense, it had found a place within tradition. Bat mitzvah, then, had become Orthodox.

Netziv (Approbation to Ahavas Chesed): It says in Yevamos (79a): There are three inherent characteristics of the Jewish people – they are merciful, shy and they do acts of kindness to others… Nevertheless there are explicit commands in the Torah to do acts of kindness such as Vayikra (25:35): You shall support your brother who has become poor, Shemos (22:24): Do not lend money with interest. The reason for this is to teach us that besides being obligated to do acts of kindness because we are human beings we have an additional obligation from the Torah – just as we have for all the mitzvos which we wouldn’t know from commonsense.

Rav Kook, Shmonah Kevatzim 75

Yirat Shamayim - fear of heaven - may not supplant the natural sense of morality of a person, for in that case it is not a pure Yirat Shamayim. The signpost for a pure Yirat Shamayim is when the natural sense of morality (המוסר הטבעי) that is extant in the straightforward nature of man is improved and elevated by it more than it would have been without it. But if one were to imagine a kind of Yirat Shamayim that without its input, life would tend to do well and bring to fruition things that benefit the community and the individual, and furthermore, under its influence less of those things would come to fruition, such a Yirat Shamayim is wrong.