Maimonidean

The line of Rambam and his family — reason, evidence, accommodation.

Faur on the Mishne Tora

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Based on R. José Faur’s analysis in The Horizontal Society, his work has significant theoretical and practical implications for the study and practice of the Mishne Tora, positioning it as the definitive guide to Talmudic law. These implications can be grouped into the following categories:

Theoretical Implications

1. Restoring the Centrality of Law in Jewish Life: Faur emphasizes that Judaism is not primarily a theological system but a legal and covenantal society. This framing aligns closely with the Mishne Tora, which organizes Jewish law into a clear, accessible structure. By representing the Mishne Tora as presenting the “Constitutional law” and supplementary legal decisions of the Jewish people, Faur reinforces its role as the ultimate guide to living under the Tora’s laws. This perspective rejects fragmented or overly mystical approaches to halakha, favoring the systematic and rational clarity that Maimonides provides.

2. Alphabetic Judaism and Legal Precision: Faur’s concept of “Alphabetic Judaism” underscores the importance of textual fidelity and precision, which are hallmarks of the Mishne Tora. Maimonides’ meticulous organization and reliance on linguistic clarity reflect the principles of Alphabetic Judaism. For Faur, this systematic approach contrasts with the fragmented interpretations found in mystical or polemical traditions, elevating the Mishne Tora as the benchmark for legal coherence.

3. Rejecting Hierarchic Interpretations: Faur critiques hierarchic systems that impose charismatic or authoritarian leadership on halakha. The Mishne Tora, with its egalitarian and accessible structure, exemplifies a horizontal approach to Jewish law, allowing individuals and communities to engage with the Tora directly without reliance on intermediaries or opaque traditions.

4. National Memory and Compilation: Faur highlights the importance of national memory in preserving Jewish identity. The Mishne Tora serves as a comprehensive compilation of this memory, distilling centuries of oral and written tradition into a cohesive framework. This compilation ensures that Jewish law is not subject to the whims of local custom or external influences, preserving its integrity across generations.

Practical Implications

1. Clarity and Accessibility for Legal Practice: The Mishne Tora is structured to make Talmudic law accessible to all, reducing reliance on the expansive and often esoteric discussions of the Talmud. Faur’s emphasis on accessibility aligns with Maimonides’ intent, making the Mishne Tora an indispensable tool for scholars and laypeople seeking to understand and practice Jewish law.

2. Promoting Legal Literacy: In advocating for the systematic study of the Mishne Tora, Faur’s vision encourages communities to prioritize legal literacy. This involves not only understanding the laws but also appreciating the principles and values underlying them. Such literacy empowers individuals to participate actively in halakhic discourse, fostering a more democratic and informed Jewish society.

3. Resisting Mystical and Sectarian Trends: Faur’s critique of mystical and sectarian distortions of Judaism has practical relevance for the Mishne Tora. By focusing on the Mishne Tora, communities can resist the allure of charismatic movements or esoteric practices that divert attention from the rational and ethical foundations of Jewish law.

4. Reinforcing Covenant-Based Governance: Practically, Faur’s work implies that Jewish communities should model their governance and ethical standards on the principles outlined in the Mishne Tora. This includes the Tora’s emphasis on equality before the law, justice, and limited sovereignty. The Mishne Tora serves as a guide for structuring communal life in alignment with these ideals.

5. Countering Assimilation: Faur’s emphasis on the Tora as the Constitution of the Jewish people suggests that the Mishne Tora can serve as a bulwark against assimilation. By offering a clear and comprehensive framework for Jewish life, the Mishne Tora enables communities to maintain their identity and autonomy in diverse cultural contexts.

R. José Faur’s analysis in The Horizontal Society amplifies the relevance of the Mishne Tora as the best-in-class guide to Talmudic law. Theoretically, it reinforces Maimonides’ vision of a legal system rooted in clarity, rationality, and covenantal integrity. Practically, it provides a roadmap for Jewish communities to engage with their legal tradition in ways that are egalitarian, accessible, and resistant to both internal distortions and external pressures. By aligning his vision with Maimonides’, Faur calls for a renewed commitment to the study and practice of the Mishne Tora, ensuring that Jewish law remains a living and vital force in the modern world.

The Horizontal Society

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The Horizontal Society by R. José Faur: An Analysis of Context, Thesis, Structure, Themes, and Implications

R. José Faur’s The Horizontal Society is a profound and nuanced exploration of Jewish philosophy, law, and identity. Published in 2010 as part of the “Emunot: Jewish Philosophy and Kabbalah” series, this work draws on Faur’s Sephardic/Maimonidean intellectual heritage and decades of teaching and scholarship. It presents a compelling argument for understanding Judaism as a radically egalitarian tradition, contrasting sharply with the hierarchical structures that dominate most human societies. Through its rigorous examination of historical, textual, and philosophical dimensions, The Horizontal Society offers both a critique of modernity and a roadmap for preserving Judaism’s unique ethos in contemporary and future contexts.

Context: A Critique of Hierarchy and Defense of Equality

Faur’s intellectual context is shaped by his background in Sephardic Judaism, with its strong emphasis on textual precision and legalism, and his critique of hierarchical power structures that undermine the egalitarian principles of the Tora. Writing against the backdrop of both modern secularism and religious fundamentalism, Faur positions Judaism as a countercultural force. He argues that the covenant at Sinai established a society governed not by power or charisma but by law and mutual accountability. This vision resonates with his critique of hierarchical systems, whether in the form of despotic regimes, anti-Semitic ideologies, or even internal Jewish movements that, in his view, compromise the egalitarian essence of Judaism.

Thesis: Judaism as a Horizontal Society

At the heart of Faur’s work is the thesis that Judaism is uniquely structured as a horizontal society. Unlike hierarchical societies where authority is concentrated in the hands of a few, Judaism is built on the principles of equality and mutual responsibility. This framework emerges from two foundational ideas: the belief that all humans are created in the image of God (tzelem Elohim) and the centrality of the covenant at Sinai, which establishes the Tora as the supreme authority. Faur emphasizes that in Judaism, authority is derived not from might but from law, creating a system where no individual or group can claim absolute power. This vision of horizontal governance, Faur contends, offers a model for ethical leadership and just society.

Structure: A Systematic Exploration

The Horizontal Society is meticulously structured into five sections, each addressing a key dimension of Faur’s argument. The first section, “The God of Israel,” explores the alphabetic nature of divine communication, emphasizing the interplay between literacy, divinity, and human agency. The second section, “The Books of Israel,” examines the Tora as a national document, contrasting it with the hierarchically framed texts of Western tradition. In “The Governance of Israel,” Faur critiques political despotism and highlights the Tora’s vision of limited sovereignty. The fourth section, “The Memory of Israel,” investigates how the Mishnah and Talmud preserved Jewish identity and autonomy under oppressive regimes. Finally, “The Folly of Israel” critiques the internal and external forces that have undermined Jewish autonomy, culminating in reflections on the Holocaust and the dangers of complacency.

Themes: Equality, Law, and Memory

The themes of The Horizontal Society are deeply interwoven with its structure, creating a cohesive narrative that spans history, philosophy, and theology. One of the central themes is the equality of all humans, grounded in the belief that every individual is created in the image of God. This theological foundation underpins Faur’s argument for a society governed by law rather than power. Another key theme is the role of law as the foundation of freedom. Faur presents the covenant at Sinai as a constitutional moment, where the Tora becomes the ultimate source of authority, ensuring justice and protecting individual rights.

A third theme is the preservation of national memory. Faur argues that the Mishnah and Talmud serve as repositories of collective memory, enabling Jews to maintain their identity and autonomy even under foreign rule. This theme is particularly relevant in the context of modernity, where the erosion of traditional structures threatens to sever communities from their historical roots.

Special Lexicon: Alphabetic Judaism and Horizontal Society

Faur introduces a specialized lexicon to articulate his vision, with terms such as “Alphabetic Judaism” and “Horizontal Society” serving as cornerstones of his argument. “Alphabetic Judaism” highlights the centrality of textual traditions in Jewish thought, contrasting with the image-based traditions of other cultures. This emphasis on literacy and textuality reflects Judaism’s commitment to intellectual engagement and moral accountability. “Horizontal Society,” meanwhile, encapsulates Faur’s vision of a society governed by equality and mutual responsibility, standing in opposition to the hierarchical structures that dominate much of human history.

Polemics: A Forceful Critique of Hierarchy

Faur does not shy away from polemics, offering a forceful critique of both external and internal challenges to Judaism’s horizontal ethos. He is particularly critical of Greek rationality, German historiography, and the Documentary Hypothesis, which he views as tools for undermining Jewish textual integrity. He also critiques charismatic leadership, arguing that it fosters dependency and undermines collective responsibility. Within the Jewish world, he condemns movements that prioritize hierarchy or mysticism over the rational and egalitarian principles of the Tora. These critiques are grounded in Faur’s commitment to preserving Judaism’s unique identity and values.

Implications for Contemporary and Future Judaism

The implications of Faur’s work are profound, both for contemporary Judaism and for broader ethical and political discourse. One of the key takeaways is the need to reclaim the covenant-based principles of governance, which emphasize justice, equality, and accountability. In an era of increasing polarization and authoritarianism, Faur’s vision of a horizontal society offers a powerful alternative to hierarchical systems.

Another important implication is the role of education in preserving Jewish identity. Faur stresses the urgency of literacy and critical thinking, warning against the dangers of complacency and intellectual stagnation. He also calls for a renewed engagement with modernity, encouraging Jewish communities to address contemporary ethical and political challenges through the lens of Tora and tradition.

Finally, Faur’s work underscores the importance of resisting assimilation. By emphasizing the unique values and institutions of Judaism, he offers a framework for navigating the complexities of modern identity while remaining rooted in tradition.

Conclusion: A Vision for Ethical Governance and Resilient Identity

The Horizontal Society is a bold and ambitious work that challenges both Jewish and non-Jewish audiences to rethink their assumptions about power, governance, and identity. Through its rigorous analysis and passionate advocacy, R. José Faur offers a vision of Judaism as a horizontal society, rooted in equality, law, and mutual responsibility. This vision is not only a critique of modernity but also a call to action, inviting readers to engage with the ethical and political dimensions of their traditions. In an age of uncertainty and division, Faur’s work stands as a testament to the enduring relevance of Jewish thought and the transformative potential of its covenantal ethos.

Rambam, Faur, and the Modern Mind

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The intersection of Rambam’s Guide for the Perplexed with modern science and postmodernism, especially through the lens of R. José Faur’s Homo Mysticus, opens up a range of surprising and impactful insights. Below, we outline how each of the Guide’s three sections might contribute to a mindset that critiques and engages with these paradigms:

Part I: Metaphysics and the Limits of Language

1. Critique of Modern Science:
Rambam’s focus on via negativa (negative theology) challenges the positivist overconfidence in defining reality. By emphasizing the limits of language and conceptual categories, he aligns with modern physics’ recognition of uncertainty (e.g., Heisenberg) and the unknowability of phenomena at quantum scales. This critique reminds science to remain humble before the unknown.

2. Engagement with Postmodernism:
The Guide anticipates postmodern critiques of metaphysical constructs by recognizing the fluidity and contextual nature of human understanding. Rambam’s insistence on interpreting Torah metaphorically to align with reason echoes the postmodern emphasis on interpretive pluralism while avoiding relativism by rooting interpretation in objective rationality.

3. Mindset Shift:
Part I invites readers to balance skepticism of rigid systems with the search for coherence. It nurtures a mindset that celebrates intellectual humility, making it impactful in navigating the uncertainties of contemporary scientific and philosophical discourse.

Part II: Cosmology, Divine Providence, and Philosophy of History

1. Critique of Modern Science:
Rambam’s cautious synthesis of science and faith models a way to hold competing cosmologies (creation and eternity) in tension without collapsing into dogmatism. Modern debates about cosmological origins (e.g., the Big Bang vs. multiverse theories) can benefit from his method of harmonizing empirical inquiry with metaphysical humility.

2. Engagement with Postmodernism:
The Guide offers a robust response to the postmodern fragmentation of historical narratives. Rambam sees history not as arbitrary but as teleological, with divine providence guiding humanity toward greater understanding. This perspective challenges postmodern skepticism of grand narratives while respecting the critique of anthropocentric absolutism.

3. Mindset Shift:
By connecting cosmology and ethics, Rambam reminds us that understanding the universe is inseparable from moral responsibility. This approach inspires a worldview where scientific progress must be ethically grounded, countering the postmodern tendency toward nihilism and the modern tendency toward scientism.

Part III: Ethics, Human Perfection, and Political Philosophy

1. Critique of Modern Science:
Rambam’s exploration of evil as a privation rather than a substance critiques reductionist materialism, which struggles to account for moral phenomena. His integration of intellectual and ethical perfection offers a holistic alternative to the compartmentalization of knowledge and values in modern scientific culture.

2. Engagement with Postmodernism:
The Guide critiques postmodern ethical relativism through its insistence on a universal framework of halakha as a tool for cultivating intellectual and moral virtues. At the same time, Rambam’s nuanced view of the Law as adaptable and educational resonates with postmodern calls for contextualized ethics.

3. Mindset Shift:
Part III empowers individuals to view personal and societal ethics as dynamic processes aimed at achieving intellectual and spiritual perfection. This perspective fosters a mindset of responsibility and growth, offering a hopeful critique of both the reductionism of modern science and the skepticism of postmodernism.

Integrative Impacts: R. Faur’s Contributions

R. José Faur’s Homo Mysticus emphasizes the Guide’s role in fostering a balanced human personality rooted in humility, rationality, and spirituality. Through this lens, Rambam becomes a bridge between ancient wisdom and modern critical thought:

Faur highlights the compatibility of Rambam’s rational mysticism with modern scientific awe, encouraging an integration of scientific rigor and spiritual wonder.

His reading underscores Rambam’s relevance in addressing the alienation and fragmentation of postmodernism, offering a vision of unity through intellectual and ethical refinement.

Rambam’s Guide, as interpreted by R. Faur, provides a framework for engaging modern science and postmodernism critically yet constructively. It challenges the arrogance of pure reason while affirming the pursuit of knowledge, and it critiques ethical relativism while honoring the diversity of human experience. This dual critique is deeply relevant to our fragmented, complex era, inspiring a mindset of humility, coherence, and hope.

Rambam’s Cat

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I bet Rambam would’ve named his cat Hakim.

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Given Rambam’s Judeo-Arabic background and the language in which he wrote many of his works, it is highly likely he would give his cat a Judeo-Arabic name.

He might name the cat ‘Aql (عقل, meaning “intellect” or “reason”), aligning with his philosophical emphasis on the primacy of intellect in achieving human perfection and connecting it to the natural wisdom exhibited by animals.

Another possibility is Hakīm (حكيم, meaning “wise” or “philosopher”), reflecting the cat’s independent and contemplative demeanor, qualities that could be appreciated as symbolic of wisdom.

These names would both reflect his cultural and intellectual environment while honoring his philosophical worldview.

The Shabbat Linecook

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A Jewish person is employed as a linecook in a restaurant and cooks an omelette on Shabbath for a customer.

Can any leftovers from the omelette (let’s say they made a double portion accidentally) be eaten by other people after Shabbath? Is any food that cook makes afterwards categorically prohibited?

Even when the cook is engaged in direct melakha, it’s unlikely they’re doing so with full and flagrant intent to transgress the law. Here in Israel, unless you know for sure the cook (or essential participant in cooking) is דתל”ש, the probable assumption is that they are אנוס or תנוק שנשבה in some way (like most “Hiloni” Israelis), partially educated here and there (and trustworthy in factual matters to which they can attest, like whether the meat they serve has a hekhsher or whether it was cooked with any dairy ingredients or in a recently used dairy pot) but ultimately denying them full legal culpability for their transgression. They don’t have sufficient knowledge to transgress במזיד and certainly not בפרהסיה.

These are important factors imho.

There is an implicit assumption behind denying restaurants certification for opening and serving customers on Shabbath: it’s that any Jewish person who transgresses the Shabbath must be doing so with full knowledge and awareness of their transgression and with full intent to transgress, and so therefore must be “prosecuted” (or at least judged unfavorably) to the full extent of the law.

Does this assumption match reality? No, I don’t think so.

Does this assumption reflect a healthy attitude towards one’s fellow Jewish people? No, I don’t think it does.

I’m not here to tell anyone what they should or shouldn’t eat. But I think this din requires public clarification.

A Note to the Haters

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Evening Musing:

My haters among the fans of a certain student of R José Faur, z”l, amuse me.

Strangers personally insulting me on the internet will always amuse me.

A sense of irony is a benefit of perspective, gained from experience.

A sense of humor is a sign of a well-adjusted personality.

There is irony in dressing down someone you’ve never met. There is irony in revealing more in your hate about yourself than about the individual you think you despise. And there’s irony in making any derogatory statement regarding my relationship with the teachings of R Faur, z”l.

It’s all just kinda funny. 😀

Now, I’ll never claim to be an expert on anything, let alone the work of a genius like R Faur, z”l. However, I have read everything he ever published in English and in Hebrew (starting with Golden Doves – a book my haters who beef with my post-modernism have clearly never read) and was extremely privileged to have many personal conversations with him about his work. While I’ve since grown to a more critical view of some of his ideas and positions, his work remains an indelible influence on me and my Judaism, and I will gladly engage in productive discourse with anyone who genuinely wants to know in which ways R Faur’s Torah have informed my worldview.

And I’ll even let you in on a sad little secret: at the time of his passing, R Faur, z”l, and I were not personally on good terms. What happened, happened. But I’ll promote his work and encourage everyone to learn his Torah, especially The Horizontal Society, until the day I die. That’s how much respect I have for the truth in his teachings and for his dedication to that truth.

והמבין יבין

But the real irony is – the haters are all worked up in their (quite negative) feelings, while I’m just chilling on my Jerusalem rooftop thanking the Creator for another evening.

🤷

Come on, it’s funny.

Who Sets the Boundaries of Jewish Law?

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Morning Musing:

Rambam in his introduction to his comprehensive compendium of Jewish law declares that Jewish law is based on the rulings found in the classical sources up until the closing of the Talmud.

After that, all opinions are equal and we go with the most reasonable opinion; all new enactments are local and we don’t coerce any community to adopt the practices of another community.

As is well known, Rambam specifically calls out the Geonim of Babylonia as lacking binding authority over the Jewish people, rejecting their equally well-known claim to a continued institutional monopoly over Jewish law.

Yet, throughout his legal masterpiece Rambam references Geonic interpretations and enactments, sometimes citing them anonymously as a class, more often including their rulings without distinction alongside rulings found explicitly in the Talmud. The source of these rulings is the discourse of “al-Talmud Lana,” the oral tradition and textual culture accompanying the transmission of the Talmud through the Geonim to the communities and schools of the Judeo-Arabic diaspora, including Rambam’s native al-Andalus.

This adds an obvious layer of difficulty to the project of halakhic observance that Rambam sets out in his introduction – what are the parameters of that observance? Who sets the boundaries of Jewish law – the rabbis of the Talmud or the rabbis after the Talmud?

According to Rambam, what options, what readings of the sources, are truly available to Jewish individuals and communities today, and which are truly off-limits?

There are answers. But I’m about to step into the office. 😉

Animal and Angel

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The animalistic side of us – the homo sapiens, greatest of the primates, apex predator beyond match – gives us packs, herds, tribes.

The angelic side of us – the rational mind, free to assent, a fractal image of the infinite mind of the Creator – gives us the species.

In wedding angel to animal, the human being is born. An animal with not just intelligence but wisdom, ready to meet any selective pressure with not just awareness but reason, capable of thinking of the long-term benefit not just to the self, not just to the tribe, but to the species – and beyond the species, the community of all rational life forms.

The human being is the one into whose hands their own evolution has been given.

“Choose life…”

The Art of Talmud

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To me, the art of Talmud is a dual art: the art of investigation and the art of harmonization, woven together into an art of reading and creating culture.

Rooted in the past history of Israel in exile, it is an art of the future, a social tool and human modality in which it’s possible to bring together opposites, and unite all the shades in between.

The best compendium of law may make one dimension of the Talmud more accessible – the system of actual practice – but it will never replace Talmud as a whole, as an art.

Nor was it intended to. 😉

A Prayer for Insight

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May it be willed in Your imminent will

That the insights You give me become commitments

That the commitments become actions

That the actions become insights

For the glory of the great idea of You

In Your world

Forever and ever