One of the best-known principles of halakha is that Shabbat is violated to save a life. Who does this saving and how do we know that a life is in danger? What categories of illness violate Shabbat and who decides? A historical-sociological analysis of the roles played by Jew, non-Jew, and physician according to the approach of “medical cosmology” can help us understand the differences in the approach of the Shulchan Aruch compared to later decisors (e.g., the Mishnah Berurah). (...) Such differences illuminate how premodern medical triage coexisted with a different halakhic understanding than that of the biomedical age. (shrink)

In this paper I discuss the nature of halakhic facts and I frame the discussion in a broader meta-ethical context. Most of the existing literature on the philosophy of halakha has focused on the contrast between ‘Halakhic Realism’ and ‘Halakhic Nominalism’. This theoretical contrast is vague and includes a wide range of theories. Inspired by the meta-ethical literature, I propose to focus the discussion on views that can be called ‘Halakhic Naturalism’ and ‘Halakhic Non-naturalism’. I present, develop and distinguish (...) between different meanings of 'naturalism' and consider arguments for and against 'Halakhic Naturalism'. The purpose of this paper is twofold: First, to present and demonstrate the fruitful encounter between meta-ethics and the philosophy of halakha. Second, to present, evaluate and promote the substantive discussion of naturalistic and non-naturalistic views. (shrink)

Halakha consists of a variety of laws that determine the halakhic status of various actions. Halakhic laws, by their very nature, have a general aspect in that they apply to all similar actions under similar conditions. In this paper, I examine, from a philosophical-analytical point of view, the relationship between the general aspect of the halakhic laws and the fact that these laws apply to particular actions. After the introduction, this paper is divided into three parts. First, I distinguish (...) between two competing theses regarding the "metaphysical order" between the general aspect of halakhic law and its individual cases. The first one, I call 'Halakhic Generalism', according to which the general aspect of Halakhic law has essential precedence. The second one I refer to as 'Halakhic Particularism', according to which the general aspect of the halakhic law is nothing more than a generalization of all its individual cases. In the second part of the paper, I argue that the particularist position has the power to justify a unique and puzzling halakhic principle. According to this principle, in cases of normative over-determination where the same action is forbidden due to two different halakhic laws, then "a prohibition does not apply to a prohibition". Finally, I compare the reasoning I offer for this principle to alternative justifications of said principle. I argue that, compared to the alternatives, the particularist position provides the best explanation for the principle. (shrink)

According to a prominent view in Jewish-Halakhic literature, “mitzvot (commandments) require intention.” That is, to fulfill one’s obligation in performing a commandment, one must intend to perform the act because it’s a mitzvah; one must take the fact that one’s act is a mitzvah as her reason for doing the action. I argue that thus understood, this Halakhic view faces a revised version of Thomas Hurka’s recent dilemma for structurally similar views in ethics: either it makes it a necessary condition (...) for the act’s being a mitzvah that one has a false belief about the act’s Halakhic status, or it commits proponents of the “mitzvot require intention” view to a sort of rational failure in performing the mitzvot. The dilemma arises, however, only if we interpret this Halakhic view as requiring one to have a belief about her act’s Halakhic status in order for it to have this status. I suggest that the dilemma can be avoided by interpreting the intention requirement as requiring a make-belief, instead of a belief. Under this understanding, Halakha (or God) doesn’t care about why one performs an act of a mitzvah, but rather about how she does it; how she sees and experiences her action. This suggests another form of worship central to Judaism—worship via make-believing. (shrink)