

by R. Gil Student

Rav J. David Bleich is a leading intellectual figure of Orthodox Judaism who exerts influence without writing about the political issues of the day or providing communal guidance. His role is serving as a prolific and authoritative scholar of a philosophical halakhah, a self-aware Jewish law that finds it place among competing legal theories and philosophies. He has provided such a remarkable example that many intellectuals of our community view him as their role model. I do not think it is an exaggeration to say that while he did not create the genre of English halakhah, he defined it and continues to provide the gold standard against which all others are measured.

For over forty years, Rav Bleich has proven the intellectual respectability of an unabashed Orthodox Judaism. In the introduction to one of his volumes of Contemporary Halakhic Problems, Rav Bleich tells the story of a professor of medicine who said that the intellectual rigor and excitement of one of Rav Bleich’s books convinced him to become Orthodox. This rings true to me. I remember when I was a teenager exploring the library of my Conservative synagogue, finding inspiration in the confidence and coherence of Contemporary Halakhic Problems. There are many influences on a person’s religious decisions. However, most people will not adopt a religious outlook they find intellectually lacking. For many people, Rav Bleich provided the intellectual backdrop to the emotional decision to become observant.

Rav Bleich has published numerous books on halakhah, in Hebrew and English. His recent book The Philosophical Quest and his earlier book With Perfect Faith present some of his philosophical work. A new short book, Where Halakhah and Philosophy Meet, shows how Rav Bleich powerfully combines these two areas of expertise, merging them into a sharp comment on contemporary religious politics.

Halakhic Process

This volume begins with a biographical essay of Rav Bleich, written by Prof. Steven Resnicoff. The first essay by Rav Bleich is titled “The Halakhic Process” and joins portions of introductions to his volumes of Contemporary Halakhic Problems. This essay includes discussion of the personal input of the halakhic decisor in reaching decisions. In theory, halakhah is a closed process, a science. However, in practice, it is an art. While the decisor operates under the restrictions of previous precedents except in unusual circumstances, he still may find certain arguments more convincing or assign greater weight to specific authorities.

Because of this personal input into halakhah, the individual making the decisions becomes important. His training and experience, his understanding of the overall system, factor into his ability to render a competent decision. Additionally, because of his use of judgment, his “personal piety and religious probity” are important elements of his authority. Someone lacking in religious observance of belief, including someone who does not fully accept the halakhic texts and process, cannot take a role in deciding halakhah.

Medical Ethics

The second of Rav Bleich’s essays is titled “Life As an Intrinsic Value” and attempts to show his philosophical approach to bioethics, one of his areas of expertise. In the biographical section of this book, Prof. Resnicoff quotes the guidance Rav Bleich receives from Rav Yosef Eliyahu Henkin: “So long as it is possible for a Jew to live, he ought to want to live.” In other words, preserving life should be the overriding principle of bioethics.

In many cases, conflicting values create a complex dilemma. Rav Bleich generally resolves them in favor of extending life. Indeed, I have heard from synagogue rabbis that they hesitate to call him on difficult cases because he usually rules strictly, in favor of extending life. Rav Bleich explains that extending the life of a suffering patient is the ultimate altruistic act. Usually, you receive a sense of satisfaction from helping someone else. In this type of case, you do not even receive that satisfaction but instead feel a sense of hollowness. That is a true expression of love.

Brain Death

In the Orthodox Jewish community, Brain Death, which allows the donation of hearts, has been a topic of contention for decades. Rav Bleich has been its most vocal opponent, having published many articles and a book on the subject. The next essay, titled “Moral Debate and Semantic Sleight of Hand,” expresses a philosophical reflection on the subject. Brain Death does not represent death and was never intended to demonstrate it. Rather, it shows irreversible coma. However, Rav Bleich argues, the term Brain Death is dishonestly used to represent death as a means of convincing laypeople to withhold treatment from people at that stage of dying.

An argument can be constructed for withholding medical treatment from an irreversibly comatose patient. One can suggest that the organs harvested to save a life are worth killing this patient that is irreversibly comatose and destined to die. However, one must be honest about the patient’s status and only then resolve the moral dilemma.

The Brain Death debate continues in the Orthodox Jewish community, as does the sleight of hand. Debaters often put words into other people’s mouths, misrepresenting their views and then denouncing them as untenable and even immoral. Anyone truly interested in this issue (even more than most) must never take a secondary source’s summary for granted. Rather, you must study the original source and read it as charitably as possible.

Natural Law

Why do we have to follow halakhah? Because God commanded us to do so. But why do we have to follow God’s command? In the essay titled “Judaism and Natural Law,” Rav Bleich explores the philosophical argument for obeying divine law.

Can some laws be reasonably deduced, and therefore be obligatory without a command? Murder can but other laws are less compelling. And if they are less compelling the they can hardly be obligatory absent a command. It is unclear exactly which laws are sufficiently compelling to fall under a natural law. Rav Bleich accepts the argument of Rav Sa’adia Ga’on that “reason calls for gratitude to God for His kindness” in the form of obedience. Additionally, Judaism accepts that man should be able to detect God’s existence. Therefore, reason demands that man recognize God’s existence, make an effort to determine God’s will and obey that will.

Contemporary Thoughts

The final section, “Reflections,” is by far the least rigorous and most exciting. Rav Bleich comments on a number of contemporary issues. Here he explains the basic contours of his beliefs and describes the challenges facing the Orthodox Jewish community today. Some might call this an extended attack on Open Orthodoxy but I think Rav Bleich’s concerns are broader. Be that as it may, look here for commentary on Open Orthodoxy.

For example:

“There is a definite line of demarcation separating legitimate disagreement within the boundaries of tradition from espousal of positions beyond the pale of tradition. On rare occasions there may even be disagreement with regard to where the line is drawn. But such a line does exist” (p. 125).

“A trained biologist readily recognizes the difference between a qualified physician and a homeopath… Would that our community were more uniformly able to distinguish between a rabbi–even one whose talent and position command respect–and a posek , between a religious functionary and a qualified rabbinic decisor” (p. 127)

, between a religious functionary and a qualified rabbinic decisor” (p. 127) “Even more disconcerting is the fact that, in this country, we are confronted by individuals and groups who have stepped outside the halakhic tradition and who number among themselves even those who reject the divinity of Torah but nevertheless insist upon acceptance within the halakhic community. Intellectual honesty would demand that such persons align themselves somewhere along the broad spectrum of non-halakhic Judaism. Their demand for recognition and acceptance on the part of the halakhic community is born of cultural and sociological considerations but is often masked as a call for unity…” (p. 129).

“However, proponents of change [on women’s ritual includion], by and large, are themselves not really concerned with the parameters of Halakhah. To them, the proffered halakhic justifications are primarily intended to blunt criticism and to win acceptance within the community of the adherents” (p. 132).

“But when man experiences what he perceives to be the voice of conscience speaking in a language which is inconsonant with that of religious authority, his dilemma is far more acute. Judaism calls upon him to acknowledge that perceived moral intuitions are not always veridical. Man’s will, even when he perceives it to be directed by the loftiest and most altruistic of motives, must bow to superior divine wisdom” (pp. 146-137).

There is much more to this book and to Rav Bleich’s ongoing legacy. With my limited space and abilities, I can only hope to offer here a taste of the depth and breadth of this great thinker.