DEUT52 From passages in the Book of Deuteronomy, it seems clear that moral principles like tzedek were regarded as "second-order" standards by which "first-order" rules and statutes were judged. Evidently, the Torah realized that there was nothing unique or terribly impressive in the mere fact of the people being given "statutes and judgments," no matter how elaborate or particular they may have been. The highly developed Hittite and West Semitic codes must have been known to the ancient Hebrews. What the Book of Deuteronomy did find noteworthy was the special moral quality of Israel's God-given "statutes and judgments" [Deuteronomy 4:5-8]. This remarkable passage assumes that each nation will have its own set of statutes and judgments but makes the bold claim that Israel's code will be acknowledged superior when judged by the moral standards of righteousness. This is also seen in the passage, "And ye shall judge the people with righteous judgment" (Deuteronomy 16:18).

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DEUT53 The superiority of Israel's God and His laws are used in Deuteronomy to convince Israel that obedience is the most reasoned response to God's demands. The unprecedented nature of Israel's exodus from Egypt and their survival of the awesome, fiery theophany at Sinai provide proof of this God's astonishing singularity (4:33-35). Further, His ethical nature is preeminent as the "God supreme and Lord supreme... Who shows no favor and takes no bribes, but upholds the cause of the fatherless and the widow, and defends [literally, "loves"] the stranger, providing him with food and clothing" (Deuteronomy 10:17-18; see also Psalm 146:7-9). Not surprisingly, then, the laws that Israel's moral God legislates for Israel are also ethically superior, and their observance will be proof of Israel's wisdom (Deuteronomy 4:5–8). In truth, Israel's laws were unique in the ancient Near East; in biblical law we find no vicarious punishment, no capital punishment for crimes against property, while slaves and bond–servants receive relatively generous treatment. (By Elaine Adler Goodfriend, “Ethical Theory and Practice in the Hebrew Bible)

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DEUT55 This verse has at least two significant implications: ● Jews are required to make the world aware of the teachings in the Torah; after all, if non-Jews remain unfamiliar with Jewish laws, those laws can hardly serve as proof of Judaism's wisdom. Thus, when appropriate, a Jew should make known to non-Jews some of Judaism's distinctive laws. For example, the laws of lashon hara mandate that it is forbidden to reveal an ugly truth about another person unless the person to whom you are speaking needs the information (see chapters 37–43); in secular society, most people assume that it is forbidden only to tell a lie about another, but never forbidden to tell the truth. Such teachings, by revealing Jewish law's unusual sensitivity to issues of fairness, help promote respect for the God and people who promulgated such laws.● Jewish law cannot permit the practice of laws that unfairly discriminate against non-Jews. [I emphasize the word "unfairly," though not the word "discriminate." Unfair behavior is always wrong, discrimination is almost, but not always, wrong. Thus, not counting a non-Jew in a minyan, a Jewish prayer quorum, is not unfair discrimination, since a minyan is expected to consist of people who are Jewish and who believe in Judaism. Not returning a lost object to a non-Jew who lives in a society in which non-Jews are expected to return lost items to Jews is both unfair and discriminatory.] It is inconceivable that non-Jews will regard Jews as a great or wise nation if they practice unfair laws. (Would Jews be impressed with the wisdom of another religion that promulgated many impressive laws but also discriminated against Jews?) Hence, any discriminatory laws that have crept into the Jewish tradition (for an example, see paragraph 8) must be regarded as false to the spirit of this Torah verse (Deuteronomy 4:6).

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DEUT54 This brings to mind Isaiah 49:6, which speaks of Israel as being an or goyim, "a light of nations," whose good acts will bless and light the world. Why would Israelites expect Gentiles to be impressed by their laws, no matter how just, if these laws exclude them from equal expectations of justice? How impressed would contemporary Jews be with a society that legislated humane values, but did not apply them to Jews?

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DEUT58 The legal dialectic of the Talmud is composed of two principles--the authority of a biblical verse and the validity of humanist, moral-rational thought. The usual assumption is that a scriptural verse is "needed" only in areas where human ethical reasoning is powerless to decide. "What need is there of a verse?--I infer it by reasoning." (Ketubot 22b) At times, too, the Talmud speaks of self-evident laws of conduct--had those laws not been written, it would still have been right for them to be written. Well known is the incident when Rabbi Joshua Ben Hananya vindicated the right of the assembly against a presumed heavenly voice-- "The Torah is not in heaven." Deuteronomy 30:12; Baba Metzia 59b. That is, the collective judgment of the Rabbis is decisive. The voice of conscience speaks with the authority of a well–nigh universal consensus. Derech Eretz, the way of the world, includes the manners as well as the morals of a culture and society. As such, it underlies the Torah--"if there is no reverence for derech eretz, there is no Torah." Abot 2:3 Long before the laws of the Torah were given at Sinai, the Lord had provided guidance for humanity--"Twenty-six generations, derech eretz proceeded the Torah." Vayikra Rabba 9. While the Torah specified the conditions for the Covenant between God and Israel, it assumes the more basic Covenant which God concluded with Adam and especially with the children of Noah. Highly instructive is the frequent rhetorical exclamation, "is there aught which is prohibited for the children of Noah, while it is permitted to the children of Israel?" The appeal to a universal conscience is stated in the Torah itself: [this verse and next]. The medieval Jewish philosophers, particularly Maimonides, emphasized the independent validity of the moral-rational conscience. While their awareness was stimulated by the entire thrust of classical thought, they did not have to borrow this axiom from the Greek philosophers, since they could find it amply illustrated in their own tradition.

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DEUT57 The Idea of Talmud Torah. Rabbinic fancy extolled the Torah as the instrument wherewith God fashioned the universe. Whatever its role in the cosmic scheme, it has been the chief means of creating the world of Judaism. It has been the dynamic of Jewish living. Indeed, Judaism is the religion of Torah, not alone of the Written Law or the Pentateuch, nor even of the Oral law, but of the progressive growth of the Jewish people in religious knowledge and culture. Therein lies the distinction of Judaism as a religion. In the words of [this verse], the Torah is our wisdom and understanding in the eyes of the nations. The Torah is also our source of life as a people. Perhaps nowhere except among the Brahmans in India has study of secret literature been accorded so high a place as in Judaism. Touching and illuminating every phase of life, the Torah has welded religion and life into an indissoluble union. It not only presents a roadmap of life but makes the pursuit of its directions the very condition of blessedness. Its scope is furthermore not only spiritual and moral but also intellectual. Instruction and discipline are based on knowledge. As a religion founded upon enlightened faith rather than upon credulity, that has sought the aid of the sciences and philosophies--to the limit of their powers--in the establishment of it creedal foundations, Judaism has ever stressed knowledge as one of the chief duties which man owes himself and God. Reason itself is a phase of the spiritual life. To exercise his reasoning is part of man's spirituality. If some phases of existence are beyond reason, there are many others within its domain. Among them are the ways of human conduct. To be intelligent regarding the matters that most affect his being is the religious obligation of man. "Thou shalt know" and "lay it to the heart"--knowledge and understanding--are the ever-recurrent motifs of Jewish religious teaching. They are the steps which lead to faith, appreciation, devotion and love.

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DEUT60 While for analytical purposes ethics is content with the study of the springs of human behavior and their expression, for practical ends of directing the lives of men, it is more exacting. Not what is being done, but what ought to be done constitutes its measure of value. Whereas science speaks in the indicative mood, religion uses the imperative. Its characteristic expressions take the form of commands and prohibitions, thou shalts and thou shalt nots. ("'This is your wisdom and your understanding,' says [this verse], with reference to the law. When Kant calls the force that decrees, teachers, makes demands, by the term 'practical reason,' he but uses another expression for morality. Call it law, principle, idea, what you will, it is always an objective norm, in nowise depending upon the pleasure of man, but constraining him as he knows himself to be constrained by the laws of logic when he thinks, by the laws of mathematics when he competes." Lazarus, The Ethics of Judaism, p. 117.)

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DEUT56 [We are bound] by [Rabbinic] tradition [to reflect on creation] in the following statements: “Whoever knows how to calculate the [astronomical] cycles and stars and does not do so, of him Scripture says: ‘They have lyre and harp, timbrel and flute and wine at their feast, and they do not notice God's works, they do not see His handiwork’ (Yeshayahu 5:12 ).... From where do we know that one is obligated to calculate the cycles and stars? From the verse ‘Keep them and do them, for this is your wisdom and understanding in the sight of the nations who will hear all these rules’ (Devarim 4:6) -- what wisdom and understanding is ‘in the sight of the nations’? Say: it is the calculation of cycles and stars” (Shabbos 75a); “Consider the cost of a mitzvah against its reward, and the gain in sin against its loss” (Avos 2:1); “If the Torah had not been given to Israel, we could have learned modesty from the cat, chastity from the dove, good manners from the rooster, and honesty from the ant” (Eruvin 100b). The obligation to reflect on the created things and deduce proofs from traces of wisdom has been demonstrated. Be aware of this!

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DEUT59 The Torah says: “Keep them and do them, for this is your wisdom and understanding in the sight of the nations” (Devarim 4:6). Now, it is impossible that the nations would admit to the loftiness of our wisdom and understanding, unless there are arguments, clear proofs, and rational evidence which attest to the truth of our Torah and the authenticity of our beliefs. Our Creator has promised us that He will remove the veil of ignorance from their minds, and that His brilliant glory will be revealed to serve us as evidence of the truth of our Torah, as He said: “Nations will walk by your light, kings by the glitter of that which shines on you” (Yeshayahu 60:3 ); “And many peoples will go and say: ‘Come, let us go up to God's’” (ibid. 2:3). It has been made clear-- by reason, Scripture, and tradition -- that we are obligated to investigate that of which we can attain verification with our minds.

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DEUT61 The fifth category [of lashon hara is] -- obscene speech. Our Sages, z"l, said (Shabbos 33a), "One who speaks obscenities, even if a decree of seventy good years has been decreed upon him, it is transformed into evil." Yeshayahu also said (Yeshayahu 9:16), "Therefore, Hashem will unhappily [punish] their young men, and He will not pity [even] their orphans and widows, for they are all flatterers and wicked, and every mouth utters obscenities.. Yet, His anger has not subsided and His hand is still outstretched." [I.e., Yet, they still do not repent. Therefore, Hashem's anger remains and His hand is outstretched to punish even more (Radak)]. The reason one who speaks obscenities is heavy with sin [Yeshayahu 1:4] and loathsome and detested [Iyov 15:16] is because he has forsaken and deserted the [qualities of] shame and modesty, which are the recognized features of the holy seed [of Yisrael], and [instead] has gone along the pathway of insolence, which is the characteristic found in evil speakers of obscenity. The second [reason] [I.e., Why speaking obscenities is so sinful and odious] --For he has desecrated the holiness of Israel. [This is] because the pasuk states [this verse], "They will say, 'This great nation is purely a wise and intelligent people'"; yet he has conducted himself in the manner of detestable fools, removed from the path of intelligence [Mishlei 21:16] which is our beauty and pleasantness. Their foulness rises and their stench ascends [Yoel 2:20] and every wise, intelligent person will absolutely loathe them and utterly abhor them [Devarim 7:26]. He has desecrated the vessel of intelligence which is more precious than all [other] desirable vessels, as the pasuk says (Mishlei 20:15), "But the lips of knowledge are a precious vessel." [Thus, speaking obscenities entails two evils: (one) a lack of shame and modesty; (two) a desecration of the superior intelligence manifest in the Jewish people when they follow the way of Hashem.] One who listens to obscene speech is [also] very severely punished, for he has not sealed his ear or disassociated himself from those who speak obscenities. Regarding such a person the pasuk says (ibid., 22:14), "The estranged mouth is a deep pit; those despised by Hashem will fall there."

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