In various political discussions there has been a debate over which is more important, obeying the letter of the law, or obeying the spirit of the law. I’ve wondered what Judaism has to say about this, but I couldn’t find any Judaic references. I also wonder how that applies to an individual Jew’s adherence to Halachah (Practical Jewish Law) …is it more important to obey the letter of the law, or is it the duty of a person to try to find the spirit of the law, and be true to that spirit?
Why should it present a conflict in the first place? If we posit the authenticity of the revelation of Mt. Sinai, then, of course, the “law” is inviolable. Observance isn’t an option. But is the spirit really separate?
I think it’s fair to say that Rabbi S.R. Hirsch would respond to your question by saying that the law itself contains all the “spirit” a human being could ever need and if there is observance without spirit, then there really isn’t full observance (for a good introduction to this, try to read Hirsch’s “Horeb” or the new edition of his “Nineteen Letters” with Rabbi J. Elias’ notes).
Put in different terms, the Talmud itself classifies going “beyond the letter of the law” as a an obligation (if that confuses you, I can tell you that the idea also caused untold grief to a friend of mine when I presented it in a seminar in my fellowship days …nevertheless, it’s true). See the Talmud, Bava Kama 100a which analyzes a verse from Chumash (Ex. 18; 20): the words “that you will do” teach that one must go beyond the letter of the law (“l’fnim mishuras hadin”). Practical application of this idea, of course, requires thought and guidance.
Parenthetically, perhaps one reason many Christians downplay “law” and emphasize “spirit” is because they need some mechanism to limit or override the many rules and laws of the Torah – laws that, at the same time, have been “annulled” and certainly aren’t observed and yet are also somehow still in force. Sometimes, however, observing “spirit” is just another way of doing nothing. But I don’t think that approach is well supported by a simple and straightforward reading of the Torah.
Rabbi Boruch Clinton
