Yeshiva University - Masmid Yearbook (New York, NY)

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M A S M I D under the lied of the more powerful. The iiKer absence of ethical standards paves the w.iy lor the entrance iiito the midst of society of cruelty, domi- nation, and injustice. Were the Law ' s efforts in the direction of physical well-bein ' to cease with the a ' gre atiii of men iiiKi communities, it woidii increase man ' s misery rather than effect his security. The crying need of some regulatory agency to supervise society is therefore apparent. It is this role that the Maimonidean state is to enact in ilic drama of the Divine scheme of life. The State exists and functions to secure lor man materi.il happiness by establishing order in society. It operates as the tool of the Law to lay the ground- work for man ' s spiritual perfection by guarantee- ing him economic security. By instituting and enforcing that economic organization and legisla- tion posited in the Torah, every Jew is assured of subsistence and physical comfort. This surety of material sufficiency coupled with the enactment of laws rendering impossible the accumulation of wealth will prevent over-exaggeration of the eco- nomic motive. No race for commercial primacy such as that which led to the degeneration and crass materialism of other nations will fe.uure the ideal Jewish society. But the formation of society itself is an in- sufficient guarantee of security. Unless there exists a basic code of ethics and a standard of moral values to which all adhere, society will be plunged into strife and chaos. It is imperative that the relationships between individuals be so adjusted as to permit the entire populace to live in peace and hartnony. This is realized by the teaching of such ethical values as will be most conducive to the peace and welfare of the community. The State has already achieved for man, economic security. The code of morals which it has es- tablished has enabled man to attain a high degree of moral perfection and social well-being. Man. who need no longer make economic concern his chief pursuit, who need no longer fear and dis- trust his fellow-man, finds himself free to center his efforts on his intellectual and spiritual devel- Ofxment. The State to Maimonides is no hedo- nistic end in itself ; it is a means to a more noble go.d. The purpose of the Stale is (o lay the groundwork upon which man tan rear the super- structure of rational and religious perfection. The .State is therefore obligated, as we have seen, to provide each of its members at Icasi .1 minimum of physical happiness and to establish among its residents mutually beneficial relation- ships. It is to discharge this responsibility by erecting the economic structure preached by the Torah and by instilling in the people a love for the ethical principles postulated in the Law, It is important to note that this onus of pro- viding material happiness falls not only on ' he shoulders of the State but on the subordinate units of society as well. This is best illustrated by the fact that after the original conquest of Palestine, the distribution of land to each Jew- devolved on the various tribes, and in Talmudic laws such as that requiring the head of each house- hold to educate his children and to instruct them in a trade. It is interesting to observe that the historicil evolution of the Jewish polity had been from the family through the tribe to the National State. The expansion of the major governmental unit occurred each time simultaneously with the failure of the prevailing organization to secure protection and economic well-being. As long as the Jews were a pastoral people the family proved sufficient to cope with the difficulties of life. When, with the Exodus from Egypt, the need of concerted action and of protection against the ravages of enemy bands arose, the tribe became the para- mount social group. The settling of the Jews in Palestine so increased the complexities of com- munal life that the tribe could no longer ad- minister the business of government; and the establishment of a national body-politic became a vital necessit}-. Based as it is on the Divine Commandments, the Maimonidean State is essentially a theocracy for it represents that system of state organization and government in which G — d is the centrality

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MASMID constituents. Its form is that which transforms this amorphous mass of atoms into a meaningful and intelligible substance and which renders it distinct from other objeas. The form of a thing is its essence, that which imparts to ir meaning and individuality. To quote Dr. Santayana, the aroma of a rose is the soul of the rose. In the world of particular objeas no matter can exist without form. Neither can form be independent of matter. For a specific thing to be intelligible it must possess both. The entire world of parti- culars is in a constant flux of development, evoI ' - ing from the simple to the more complex, from potential to actual, as everything strives to achieve its pure form. Pure form, the highest degree of excellence which a thing can attain, is the goal towards which all natural objects are evolving. Man is no difl erent from any other natural organism. He, too, exists by virtue of the coalescence within him of matter and form, the matter — his physical embodiment, the form — his soul. But that particular faculty which tenders man superior to all other forms of Creation is the rational. Unlike other species, man is endowed with the capabilit) ' of rational thought. He is able to acquire vast stores of knowledge. He possesses a moral sense which enables him to differentiate between right and wrong. Man ' s true form, therefore, consists in this property of intellectual perception. And just as the ultimate end of everything lies in the consummation of its form, so too should all efforts of man converge on one goal — the utmost development of his intellect. The highest purpose of the Law lies in this per- fection of man ' s rational faculty, the glorification of the intellect. Man is to scale the heights of intellectual achievement by learning Eternal Truths. He is to be taught the knowledge of the things in existence that a person perfectly developed is capable of knowing. The Existence, the Unity, the Omniscience, the Omnipotence, the Will, and the Eternity of G — d are to be the factors nur- turing him to nooscopic maturity. But the evolution of form is always dependetit on changes in matter. The mind cannot exist some- where in die ethereal realms of the Universe. It is inseverably bound to and encompassed by the limitations of the flesh. Hence any attempt at the improvement of the intellect — man ' s form — must be preceded by the betterment of his physical condition. Like a tiny boat on the ocean, the mind and spirit are tossed about with reckless abandon by the tempestuous billows of emotion and bodily passion. If man is to be favorably disposed to the reception of Truth he must be happy and contented. He must conquer his lusts and desires. As a re- sult, though the teaching of G — d ' s attributes is the ultimate aim of the Torah, the establishment of material well-being and physical self-control must receive prior consideration. Man ' s material happiness is attained by the satisfaction of his bodily needs. It is when the problem of securing subsistence and material com- fort becomes of paramount importance that the mind is no longer receptive to the tenets of Faith. To render the intellect capable of absorbing these Eternal principles, man must be assured his food, shelter and other natural requisites. But one man alone cannot procure all this. For man is very self-insufficient. It would be necessary for him to learn the art of ploughing, of threshing, of weaving, etc., etc. But even the lifetime of a Methusaleh would not suffice for the learning of all this. Man, avers Maimonides in consonance with Aristotle ' s famous dictum, is of an inherently social nature. Life in society is the very breath of existence. ' Without it, man perishes miserably. With it, he can achieve the well-being and eco- nomic sufficiency without which our dreams of spiritual development must flounder in miry myth. Society is therefore created to render possible man ' s physical synthesis by providing him with his material wants. But no mere herding of individuals into social units will solve man ' s economic difficulties. The natural tendency of all human beings to enforce the dictates of their own egos will inevitably result in the clash of ambitions. The simple must give way before the crafty. The weak will be ground Sixteen

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MASMID and the acknowledged ruler in whose name author- ity is recognized. It must be realized that for Maimonides no conflict between Church and State such as that predominant in the Christian world could exist. The struggle for power between these two groups, long a tremendous force in the molding of history, has always been occasioned by the attempt of one to dominate the other. In medieval Europe, the Church, though rightfully having dominion only over ecclesiastical matters, was convinced that the needs of the soul, tc which it ministered, were of far vaster importance than concerns of the body, and attempted to clothe itself in the garb of temporal authority. Our modern day has witnessed many presumptions on the part of the State who, feeling that spiritual regards have been relegated to the background, has sought to extend its sphere of dominance into the religious life of its in- habitants. But to Maimonides, State and Church in the narrower c onnotations of these terms did not exist. There could be no basis for conflict over the question of priority for every aspect of Judaism — economic, religious, and moral — is an equally important and integral factor in ths Divine system of life. Judaism is a totality, a system of life, an harmonious blending of all aspects of man ' s personality. Each streamlet con- tributes to swell the river of life as it flows majestically onwards. Man is the pinnacle of Creadon. He is com- posed of a multiplicity of complex elements. As a result, the variety of individuals among the human species is tremendous, for the element of chance and accident has a very great sphere for its operation. In any society we are certain to find the widest extremes in character and human nature. But the well-being of society demands that there be a leader able to regulate the actions of man; he must complete every shortcoming, re- move every excess and prescribe for the conduct of all so that the natural variety should be counter- balanced by the uniformity of legislation and the order of society be well established. The existence of society is essential for the attainment by each individual of his perfect form — the perfection of his intellect ; and without the leadership of one gifted with this faculty of government, the machinery of society cannot function smoothly. Some persons therefore possess the power of enforcing the dictates of lawgivers and of com- pelling people to obey them and to act accordingly. Such are kings. The civil jurisdiction of the State is therefore to be entrusted to a monarch. At various epochs of Jewish history this ruler bore the title of Nasi, Shofet, or King. The kingship is to be hereditary, the royal family is the House of David. Nevertheless, the failure of the lineal descendant of David to execute his duties wisely and justly constitutes good cause for the selection of another king in his stead. The appointment of a king comprises one of the functions of thj Sanhedrin of Seventy-one. Alongside of the king is the High Priest in control of the ecclesiastical establishment. The religious life of the nation is to be directed by the Priests and the Levites. Both are to dedicate their lives to the service of G — d. Strikingly reminis- cent of the philosophers and auxiliaries of Plato s Republic, ' they are to live under a system of strict communism of landed property deriving their sustenance from the tithes of their communities. Judicial authority is vested in a number of courts, supreme among which is the Sanhedrin of Seventy-one to be established in Jerusalem. Two inferior courts, each to be composed of twenty- three members, complete the national judiciary. It is beyond the scope and purpose of this thesis to enter into any comprehensive discussion of the organization and duties of the civii, ecclesiastical, and judicial branches of the govern- ment, all of this being explained in meticulous detail by Maimonides in his Mishne Torah. Though it is not our intention to treat at length the economic policy of the Maimonide.m State, several factors must be noted. Private property is the inalienable right of each individual. Every Jew received a parcel of land after the first entry into Palestine. Similarly, the return of the Jews to their national homeland Eighteen