Who is Superior? The Chasid who does not desire to sin or the Man who controls himself from sinning?
The Rambam asks this question in the sixth chapter of Shemonah Perakim, his introduction to Avos.
The philosophers say that the person who does not desire to sin is on a higher level. It is better not to desire murder or stealing or sexual immorality than to desire these sins and refrain from them.
The Chakhamim say:
Whoever is greater than his friend has a greater evil impulse than he.
le’fum tza’a’ra agra, according to the pain, so is the reward.
Who is strong? The man who controls his passions – ay’ze’hu gibor? Ha’kovesh es yitzro.
Man should not say:
I do not want to eat meat with milk
I do not want to wear sha’atnez, garments with linen and wool
I do not want to have illicit sexual relations
Rather Man should say: I want to, but what shall I do – my Father in heaven has forbidden me.
According to the Rambam, the resolution to the conflict between the ideas of the philosophers and the Chakhamim is contained in the words of the Chakhamim.
The Chakhamim say that the things the philosophers use as examples of sin are generally accepted laws of morality, such as, murder, theft, robbery, fraud, harming an innocent man, repaying a benefactor with evil, degrading parents and the like.
Regarding these laws of morality the Chakhamim say:
If they were not written down in the Torah, they would deserve to be written down.
Note, the Chakhamim did not say:
I do not want to kill
I do not want to steal
I do not want to lie, but I want to – but what shall I do?
On the contrary, the Chakhamim only mention statutes, chukim, that have no apparent reason, such as, meat with milk, sha’atnez and illicit sexual relations.
The Rambam’s resolution of the difference between the philosophers and Chazal is difficult. Should a person have to struggle his entire life against his passions and be in constant turmoil? The answer is no. At the end of his life that person would be like a shmatteh, a worn out rag, to use the analogy given by Rav Aharon Lichtenstein.
Rather, the goal of Man should be to mold his personality according to the mitzvos of the Torah to the point where his will agrees with the will of God. The struggle ends at some point and Man’s will is in consonance with the mitzvos.
One might ask: Perhaps we have come full circle back to the view of the philosophers that it is better not to desire to sin even for chukim? Yes and no. Yes, it is better not to desire to sin. No, the reason he does not desire to sin is not for the same reason as the philosophers. Namely, Man should not desire to sin because it morally wrong alone. If the only reason to refrain from sin is because it is morally wrong, why do we need the Torah?
Man should not desire to sin because God commanded it, as well. Man has to know and follow the mitzvos because the Torah says so – because there is a metzaveh, a Commander. Gadol ha’me’tzuveh v’oseh me’eino me’tzuveh v’oseh – the person who is commanded is higher than the person who is not commanded.
Showing posts with label Morality. Show all posts
Showing posts with label Morality. Show all posts
Wednesday, January 24, 2007
Sunday, December 31, 2006
How Do You Assess the Value of a Mitzvah? The Case of Shabbos vs. Sexual Morality and Murder
Be as careful with a minor commandment as with a major one, since you do not know the reward for the commandments. Assess the loss incurred in a good deed against its reward and the gain in sin against its loss. (Mishnah Avos 2, 1)
R. Sa’adia Gaon writes:
We know that the transgression is not severe by the fact that the punishment is not severe...We know that the transgression is severe because the punishment is severe i.e. kares, excision, misah bi’ye’dei shamayim – death by an act of heaven and the four methods of execution (sekilah, serefah, hereg, chenek) (Emunos v’De’os 5,4)
One can determine the severity or lightness of the transgression based on the punishment.
Positive Commandments vs. Negative Commandments
The Rambam makes a distinction between positive commandments and negative commandments. Concerning mitzvos lo’ sa’aseh, (with a few exceptions) the Torah is clear on the punishment for these transgressions. There are eight degrees of punishment: misah – execution by (sekilah, serefah, hereg and chenek) kares -- excision, misah bi’ye’dei shamayim – death by an act of heaven and malkos -- stripes.
On the other hand, concerning mitzvos aseh, since the reward is not clear it is hard to know what is more or less severe. Rather, God preferred to command the fulfillment of each mitzvah, whichever one it may be, without declaring which would receive greater reward. Therefore, it behooves us to strive to fulfill each and every mitzvas aseh equally. In this vein, Chazal say, ha’osek b’mitzvah patur min ha’mitzvah, without any prejudice between the one mitzvah he is performing and the mitzvah being missed at the same time (Sukkah 25a). Similarly, they say: ‘ein ma’avirin ‘al ha’mitzvos, We do not pass over mitzvos i.e. when the occasion for practicing a mitzvah presents itself to you, do not pass it by and forsake it to practice some other mitzvah (Pesachim 64b, Yoma 33a).
Subsequently, the Mishnah says, even though the measure of one mitzvah against another is not clear there is a method for comparison. Every aseh that is not performed which has a punishment for failure of performance also has great reward linked to it when it is performed.
(Rambam Mishnah Commentary, Avos 2,1)
Sefer Chasidim disagrees with this approach:
Regarding the opinion that according to the severity of the suffering inflicted you can determine the punishment and reward for mitzvos he argues:
The punishment for transgressing Shabbos is stoning i.e. the most severe punishment. In some cases of sexual immorality the punishment is less severe -- strangulation or kares, excision. Should Shabbos, then, be assessed as having a higher value than sexual morality? No. Despite the fact that it is permitted to transgress Shabbos to save a life, there is no similar exception for sins with a lesser punishment like forbidden sexual relationships or murder where neither would receive the severer punishment of stoning. Hence, do not conclude from these degrees of punishment that one mitzvah has more value than another. Also, in assessing a mitzvah, there is the additional factor of when exceptions are permitted. In contrast to Shabbos, the Torah does not make exceptions to the rule for immorality and murder. (Parma edition, Siman 157, my paraphrase)
The Rambam provides a more comprehensive approach to the issue of punishment in relation to sin in the Moreh:
Preliminary Remark.—Whether the punishment is great or small, the pain inflicted intense or less intense, depends on the following four conditions.
1. The greatness of the sin. Actions that cause great harm are punished severely, whilst actions that cause little harm are punished less severely.
2. The frequency of the crime. A crime that is frequently committed must be put down by severe punishment; crimes of rare occurrence may be suppressed by a lenient punishment considering that they are rarely committed.
3. The amount of temptation. Only fear of a severe punishment restrains us from actions for which there exists a great temptation, either because we have a great desire for these actions, or are accustomed to them, or feel unhappy without them.
4. The facility of doing the thing secretly, and unseen and unnoticed. From such acts we are deterred only by the fear of a great and terrible punishment.
After this preliminary remark, I say that the precepts of the Law may be divided into the following four classes with respect to the punishment for their transgression: -- (1) Precepts whose transgression is followed by sentence of death pronounced by a court of law. (2) Precepts whose transgression is punished with excision, such transgression being held to be a very great sin. (3) In some cases the transgression is punished by stripes administered with a strap (such transgression not being considered a grievous sin, as it concerns only a simple prohibition); or by ”death by Heaven.” (4) Precepts the transgression of which is not punished [even] by stripes. Prohibitions of this kind are all those that involve no act. But there are the following exceptions: [First], Swearing falsely, because it is gross neglect of man’s duty, who ought to bear constantly in mind the greatness of God. [Secondly], Changing an animal devoted to the sanctuary for another (Lev. xxvii. 10), because this change leads to contemning sacrifices devoted to the name of God. [Thirdly], Cursing a person by the name of God (ibid. xix. 14); because many dread the effect of a curse more than bodily harm. The transgression of other negative commandments that involve no act causes little harm, and cannot always be avoided, as it consists in mere words: moreover, man’s back would be inflicted with stripes all the year round if he were to be punished with stripes for each transgression of this kind. Besides, previous warning is impossible in this case. There is also wisdom in the number of stripes: for although the number of their maximum is given, there is no fixed number how many are to be applied to each person; each man receives only as many stripes as he can bear, but not more than forty (Dent. xxv. 3), even if he be strong enough for a hundred.
The ”death by the court of law” is not inflicted for the transgression of any of the dietary laws: because in such a case no great harm is done, and the temptation of man to transgress these laws is not as great as the temptation to the enjoyment of sexual intercourse. In some of the dietary laws the punishment is excision. This is the case with the prohibition of eating blood (Lev. xvii. 26). For in ancient days people were very eager and anxious to eat blood as a kind of idolatrous ceremony, as is explained in the book Tomtom, and therefore the prohibition of eating blood is made very stringent. Excision is also the punishment for eating fat; because people enjoy it, and because it was distinguished and sanctified by its use in the offerings. … Death by the court of law is decreed in important cases: when faith is undermined, or a great crime is committed, viz., idolatry, incest, murder, or actions that lead to these crimes. It is further decreed for breaking the Sabbath (Exod. xxxi. 15): because the keeping of Sabbath is a confirmation of our belief in the Creation; … Capital punishment is only decreed for these serious crimes, and in no other case. Not all forbidden sexual intercourse is visited with the penalty of death, but only in those cases in which the criminal act can easily be done, is of frequent occurrence, is base and disgraceful, and of a tempting character; otherwise excision is the punishment. Likewise not all kinds of idolatry are capital crimes, but only the principal acts of idolatry, such as praying to an idol, prophesying in its name, passing a child through the fire, consulting with familiar spirits, and acting as a wizard or witch.
(Moreh 3, 41)
As we see from the discussion in these sources, there are more factors in addition to the severity of the punishment to consider in assessing the value of a mitzvah. The meaning of the Mishnah can take on many different interpretations depending on whether we look at positive or negative commandments, exceptions permitted for some mitzvos and not for others, the degree of temptation involved, the ability to sin secretly and the frequency of the sin.
Should Shabbos, then, be assessed as having a higher value than sexual morality and murder?
The fact is, it is permitted to transgress Shabbos to save a life. There is no similar exception for forbidden sexual relationships or murder, where neither would receive the severer punishment of stoning. Sexual morality and murder allow no exceptions to the rule. In assessing these mitzvos, there is the additional factor of when exceptions are permitted. Therefore, as the Sefer Chasidim points out, sexual morality and murder should be assessed as having a higher value than Shabbos.
R. Sa’adia Gaon writes:
We know that the transgression is not severe by the fact that the punishment is not severe...We know that the transgression is severe because the punishment is severe i.e. kares, excision, misah bi’ye’dei shamayim – death by an act of heaven and the four methods of execution (sekilah, serefah, hereg, chenek) (Emunos v’De’os 5,4)
One can determine the severity or lightness of the transgression based on the punishment.
Positive Commandments vs. Negative Commandments
The Rambam makes a distinction between positive commandments and negative commandments. Concerning mitzvos lo’ sa’aseh, (with a few exceptions) the Torah is clear on the punishment for these transgressions. There are eight degrees of punishment: misah – execution by (sekilah, serefah, hereg and chenek) kares -- excision, misah bi’ye’dei shamayim – death by an act of heaven and malkos -- stripes.
On the other hand, concerning mitzvos aseh, since the reward is not clear it is hard to know what is more or less severe. Rather, God preferred to command the fulfillment of each mitzvah, whichever one it may be, without declaring which would receive greater reward. Therefore, it behooves us to strive to fulfill each and every mitzvas aseh equally. In this vein, Chazal say, ha’osek b’mitzvah patur min ha’mitzvah, without any prejudice between the one mitzvah he is performing and the mitzvah being missed at the same time (Sukkah 25a). Similarly, they say: ‘ein ma’avirin ‘al ha’mitzvos, We do not pass over mitzvos i.e. when the occasion for practicing a mitzvah presents itself to you, do not pass it by and forsake it to practice some other mitzvah (Pesachim 64b, Yoma 33a).
Subsequently, the Mishnah says, even though the measure of one mitzvah against another is not clear there is a method for comparison. Every aseh that is not performed which has a punishment for failure of performance also has great reward linked to it when it is performed.
(Rambam Mishnah Commentary, Avos 2,1)
Sefer Chasidim disagrees with this approach:
Regarding the opinion that according to the severity of the suffering inflicted you can determine the punishment and reward for mitzvos he argues:
The punishment for transgressing Shabbos is stoning i.e. the most severe punishment. In some cases of sexual immorality the punishment is less severe -- strangulation or kares, excision. Should Shabbos, then, be assessed as having a higher value than sexual morality? No. Despite the fact that it is permitted to transgress Shabbos to save a life, there is no similar exception for sins with a lesser punishment like forbidden sexual relationships or murder where neither would receive the severer punishment of stoning. Hence, do not conclude from these degrees of punishment that one mitzvah has more value than another. Also, in assessing a mitzvah, there is the additional factor of when exceptions are permitted. In contrast to Shabbos, the Torah does not make exceptions to the rule for immorality and murder. (Parma edition, Siman 157, my paraphrase)
The Rambam provides a more comprehensive approach to the issue of punishment in relation to sin in the Moreh:
Preliminary Remark.—Whether the punishment is great or small, the pain inflicted intense or less intense, depends on the following four conditions.
1. The greatness of the sin. Actions that cause great harm are punished severely, whilst actions that cause little harm are punished less severely.
2. The frequency of the crime. A crime that is frequently committed must be put down by severe punishment; crimes of rare occurrence may be suppressed by a lenient punishment considering that they are rarely committed.
3. The amount of temptation. Only fear of a severe punishment restrains us from actions for which there exists a great temptation, either because we have a great desire for these actions, or are accustomed to them, or feel unhappy without them.
4. The facility of doing the thing secretly, and unseen and unnoticed. From such acts we are deterred only by the fear of a great and terrible punishment.
After this preliminary remark, I say that the precepts of the Law may be divided into the following four classes with respect to the punishment for their transgression: -- (1) Precepts whose transgression is followed by sentence of death pronounced by a court of law. (2) Precepts whose transgression is punished with excision, such transgression being held to be a very great sin. (3) In some cases the transgression is punished by stripes administered with a strap (such transgression not being considered a grievous sin, as it concerns only a simple prohibition); or by ”death by Heaven.” (4) Precepts the transgression of which is not punished [even] by stripes. Prohibitions of this kind are all those that involve no act. But there are the following exceptions: [First], Swearing falsely, because it is gross neglect of man’s duty, who ought to bear constantly in mind the greatness of God. [Secondly], Changing an animal devoted to the sanctuary for another (Lev. xxvii. 10), because this change leads to contemning sacrifices devoted to the name of God. [Thirdly], Cursing a person by the name of God (ibid. xix. 14); because many dread the effect of a curse more than bodily harm. The transgression of other negative commandments that involve no act causes little harm, and cannot always be avoided, as it consists in mere words: moreover, man’s back would be inflicted with stripes all the year round if he were to be punished with stripes for each transgression of this kind. Besides, previous warning is impossible in this case. There is also wisdom in the number of stripes: for although the number of their maximum is given, there is no fixed number how many are to be applied to each person; each man receives only as many stripes as he can bear, but not more than forty (Dent. xxv. 3), even if he be strong enough for a hundred.
The ”death by the court of law” is not inflicted for the transgression of any of the dietary laws: because in such a case no great harm is done, and the temptation of man to transgress these laws is not as great as the temptation to the enjoyment of sexual intercourse. In some of the dietary laws the punishment is excision. This is the case with the prohibition of eating blood (Lev. xvii. 26). For in ancient days people were very eager and anxious to eat blood as a kind of idolatrous ceremony, as is explained in the book Tomtom, and therefore the prohibition of eating blood is made very stringent. Excision is also the punishment for eating fat; because people enjoy it, and because it was distinguished and sanctified by its use in the offerings. … Death by the court of law is decreed in important cases: when faith is undermined, or a great crime is committed, viz., idolatry, incest, murder, or actions that lead to these crimes. It is further decreed for breaking the Sabbath (Exod. xxxi. 15): because the keeping of Sabbath is a confirmation of our belief in the Creation; … Capital punishment is only decreed for these serious crimes, and in no other case. Not all forbidden sexual intercourse is visited with the penalty of death, but only in those cases in which the criminal act can easily be done, is of frequent occurrence, is base and disgraceful, and of a tempting character; otherwise excision is the punishment. Likewise not all kinds of idolatry are capital crimes, but only the principal acts of idolatry, such as praying to an idol, prophesying in its name, passing a child through the fire, consulting with familiar spirits, and acting as a wizard or witch.
(Moreh 3, 41)
As we see from the discussion in these sources, there are more factors in addition to the severity of the punishment to consider in assessing the value of a mitzvah. The meaning of the Mishnah can take on many different interpretations depending on whether we look at positive or negative commandments, exceptions permitted for some mitzvos and not for others, the degree of temptation involved, the ability to sin secretly and the frequency of the sin.
Should Shabbos, then, be assessed as having a higher value than sexual morality and murder?
The fact is, it is permitted to transgress Shabbos to save a life. There is no similar exception for forbidden sexual relationships or murder, where neither would receive the severer punishment of stoning. Sexual morality and murder allow no exceptions to the rule. In assessing these mitzvos, there is the additional factor of when exceptions are permitted. Therefore, as the Sefer Chasidim points out, sexual morality and murder should be assessed as having a higher value than Shabbos.
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