УWould a Jewish Constitution be Theocratic?Ф

 

Professor Paul Eidelberg

Foundation for Constitutional Democracy

in the Middle East

 

PO Box 23702, Jerusalem 91236 Israel

972-2-566-1399аа аа Tel/Fax 972-2-586-1207аа аа E-Mail:а Constitution@ USA.Net

244 Madison Avenue, Suite 427, New York, NY 10016

212-372-3752аа аа Fax 212-982-1214а аа E-Mail:а Constitution@ USA.Net

 

ааааааааааа Given the increasing number of IsraelТs Arab citizens, IsraelТs present form of government is not viable and will not see much of the 21st century.а Hence the present writer has drafted a Jewish Constitution which, if implemented, would enable Israel to pursue its national purpose with vigor and dignity.

ааааааааааа Judging from various sociological studies, such a Constitution would win the support of a substantial majority of IsraelТs Jewish population.а Spokesmen across the political and religious spectrum recognize that IsraelТs present system of government is a monstrosity.а

ааааааааааа To increase support for a Jewish Constitution, it will be helpful to dispel the prejudice that government under such a Constitution would be theocratic.а This is more a semantic than a substantive issue.а If УtheocracyФ signifies a regime ruled by a church or by priests, Judaism is not theocratic.аа There is no church in Judaism, neither theologically, since there is no mediation between G-d and the individual Jew, nor institutionally, since there is no ecclesiastical hierarchy.

ааааааааааа If, however, the word УtheocracyФ is construed literally as the Уrule of G-d,Ф then Judaism is theocratic, for G-d is the ultimate source of law and authority.а But what does this mean operationally?а In Judaism no priesthood but only publicly tested scholarship can lay claim to any validity regarding the laws of the Torah.аа This means that the Torah belongs to every Jew, whether he is a Kohane, Levite, or Israelite.а Let us examine these three Уclasses.Ф

ааааааааааа The first thing to be noted is that they are hereditary but not closed.а The daughter of an Israelite or Levite may marry a Kohane and her children will be Kohanes, since УclassФ status is patrilineal.а Hence, even though Kohanes have distinct duties and privileges, there is no separation of Уclasses.Фа Nor is there a ruling class.а In a truly Jewish state, who rules is based, first and foremost, on intellectual and moral character.а Indeed, the most authentic form of Jewish leadership is that of the teacher, whose power is not political but intellectual and moral.

ааааааааааа Moreover, unlike the practice of any so-called aristocracy, education in Israel is open to, and even required of, all members of the community.аа Far from stratifying the three Уclasses,Ф Torah education is the great unifying force of the Jewish people, a people that honors scholars more than kings.

ааааааааааа In a mature Jewish community the center of gravity lies not in any ruling class but in the body of the people.а In fact, it is hardly an exaggeration to say that the leaders of a Jewish community act consistently with the Torah when they make themselves superfluous!а

In such a community, writes Rabbi Samson Raphael Hirsch, Уlet a Rabbi try to give one decision in opposition to the Torah, and the humblest Jewish apprentice will refuse obedience Е and rebuke the Rabbi for his error or forgetfulness of his duty, and remind him that among Jews it is not the clerical robe nor government decrees that confers authority, that the word of the most celebrated Rabbi carries weight only so long as it accords with the law, and is null and void if it conflicts with the law sanctioned in Israel.Ф

Because the Torah belongs to the people as a whole, no hierarchical power can impose any regulations or any officials on a Jewish community without first obtaining its consent.а As the Sages themselves teach:а УWe must not appoint a leader over the community without first consulting itФ (Berachot 55a).а They also teach that every regulation made by a Beit Din which has not been accepted by the majority has no binding force.

ааааааааааа This should not be construed in terms of contemporary democratic thought.а There is no unqualified majoritarianism in the Torah.а Under Judaic law the minority can compel the majority to carry out everything which is a legal obligation of the community.а (Contrast the American Constitution whereby an individual can bring a suit to the Supreme Court which in turn can declare a law enacted by Congress unconstitutional, hence null and void.)

ааааааааааа The above analysis should dispel the prejudice that a Torah government would be a Уtheocracy,Ф a state ruled by a priestly caste.а Incidentally, back in the 18th century, Harvard president Samuel Langdon considered the government embodied in the Torah to be a Уperfect republic.Ф

ааааааааааа

Сайт управляется системой uCoz