Rabbinic fences around Torah and the concept of disliked things in Islamic law

Bart De Wilde

A PERSONAL NOTE …
In the past I heard at a couple of times heavy criticism against the ‘rabbis’ that ‘put fences around the torah’. The words of criticism often appeared to be an accusation against judaism in general (as a faith system) and served as a justification for the person’s own ideas and insights. All these persons came from a non jewish background and were steeped in a non torah way of thinking. But they thought they were right because of their former (non jewish) religious education and they did not even realize the seriousness and impact of their harsh words. Nor were they aware of the influence of their words in the lives of their students. In my years of study I have discovered time and again that the Sages and the Rabbis are not cheap in what they say and most of the time in what they say there is a biblical link – and therefore a reason – (though not always directly or immediately perceived by a person that comes from a non jewish background and that does not know torah very well). Personally I have learned to be extremely careful with my attitude and certainly with what I say or comment when I read or study a jewish text. Furthermore Romans 9:4-5 – for instance – teaches us some very fundamental things about jewish authority as the standard for our way of serving G-d. If we do not understand some saying or do not perceive the reason why a position is held, it is better to stay silent until we really know. To acknowledge for instance that what one reads does not correspond to his actual understanding but that he does not know the reason why this position is held. A same attitude of humility and sincerity would also be proper while reading and studying non jewish authors. At least it would show the respect we owe to the author that worked on the article, while through listening well we would help ourselves.
In parashat Terumah we read the first instructions about the building of the mishkan or Sanctuary. There is for instance the prohibition of removing the poles of the Ark, a negative command. But what would be the reason for this prohibition ?
The Rambam (Maimonides) (Hilkhot Klei Ha-Mikdash 2:12-13) connects the prohibiton to remove the poles from the rings to the positive commandment to carry the Ark upon the shoulders and not on a wagon or an animal (Bamidbar 7:9). The gemara (Sota 35a) explains that King David forgot the law of carrying upon the shoulders, and when he put the Ark on a wagon to bring it to Yerushalaim, the priest Uzza (who reached out to steady it) was struck down by G-d. This is explicit in the account in Divrei Ha-Yal (15:13-15), where David tells the Leviim, “Because you did not do this at first, HaShem our G-d made a breach upon us, because we did not seek Him according to the law.” Thereafter we read, “and the children of the Levites carried the Ark of G-d upon their shoulders, with the poles upon them, as Moshe had commanded according to the word of G-d.”
In studying this parasha I discovered (in the article written by Rav Elchanan Samet on vbm haretzion) that it would seem that the prohibition of removing the poles is meant to prevent the possibility of forgetting the obligation that the Ark be carried upon the shoulders. The continuous presence of the poles serves as a reminder that the Ark is to be carried only by means of the poles.
This is not the only instance in which a biblical prohibition serves as a “fence” around another biblical commandment (which instructs the Sages to continue to build fences around the Torah). For example, the prohibition of making a “sculpture or representation” is a fence around the prohibition of idolatry ; the prohibition for the Nazir to eat grapes is a fence around the prohibition of his drinking wine.
In my personal experience the way of building fences around the Torah shows practical wisdom and an insight in human nature. Judaism recognizes the relativity of rabbinical prohibitions : though it is a sin to break a biblical commandment, it is not a sin to breach a rabbinical prohibiton, but at the same time judaism admonishes us that by doing this we put ourselves in danger of breaking the biblical commandment itself, because we didn’t even respect the rabbinical fence. Once we appreciate the reason and the wisdom in all this, we will be able to act with respect and wisdom in even these aspects that for now still seem so difficult for us personally to follow. Again, it helps to study and to study .. with an open mind.
Ishmael Abraham There is a parallel in Islamic law. There are things which are forbidden(haram) while others are disliked(makruh). But makruh also comes from Hadith Scriptures. Quran also talks about relieving Jews of their burdens, but of course that does not mean the license of antinomianism.

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