Sunday, May 13, 2012

Religious Freedom

Are the American notions of liberty of conscience and freedom of religion genuine Jewish values?


I guess its too late to write a 1500 word essay, so I figured I'd jot down my thoughts here, for the zero followers of mine to read and give me $3000. Oh, wait, I can't put a shiny yellow donate button on my blog until I'm eighteen. Oh well.

When I first read the question, I thought it was asking a general question about American notions of liberty.
I immediately thought of conservatives who believe that American liberty means complete capitalism and laissez-faire economics, to which I would respond that they are NOT genuine Jewish values. I would base my answer on this post. In that post, Rabbi Eliyahu Fink of the Pacific Jewish Center quotes Rabbi Isidore Epstein's introduction to the Talmud, who quotes many examples of Rabbinical Socialism. EPIC WIN.
Either way, that isn't what the question is asking. MEH.
What it actually is asking about is whether the American notion of freedom of religion is a genuine Jewish value.
That is harder to answer.
My first thought is that since this country is not governed by Jews, there is no obligation upon the gentiles to obey the seven Noahide laws. It is not a commandment upon them. It is our obligation that those around us in our area of jurisdiction follow those seven laws. Unlike regular mitzvos, which are a Jew's personal obligation, the sheva mitzvos bnei noach are the governments responsibility. Seeing as our government isn't Jewish, it has every right to allow whatever religious freedom it wishes (including gay marriage <----LOL).

Nonetheless, a more genuine Jewish perspective would tell you that all mitzvos have a purpose, and the seven Noahide laws are meant to be a moral structure for society. Therefore any gentile who performs those commandments would receive merit in the world to come. Furthermore, because we believe that mitzvos are inherently valuable, converting is a form of elevation.This would mean that Judaism does not truly inherently value religious freedom, although it permits it. It would, however, prefer if everyone kept its moral standards.

That being said, even in a land under Jewish rule, no one would be forced to convert. For the majority of history, Judaism was the only religion which allowed any freedom of religion whatsoever. Most other religions, for the majority of history, believed that only someone who embraced their religion could merit reward. Judaism believes that anyone can achieve greatness, as long as they follow basic morals. (To see what my basis for calling them, "morals," is, see here.)

However, those basic tenets of morality must be kept. Some of them are open clauses. Who is to decide what is considered sexual immorality? It can't be based on Jewish laws of sex, because there is no chalos kiddushin (actual recognized marriage) between two non Jews. They definitely don't have the laws of niddah. Also, who is to decide what is considered a court? Is a monarch tyrant considered a government. Is an American justice system which searches not for the truth a establishment of a court? What is considered idolatry? Is a trinity monotheistic? Is Islam idolatry? Is the commandment not to be pagan, or to believe in one God? If the former, then atheism would be permitted. The rest are pretty clear cut, but all of those seem to not contradict any American values of religious freedom. The only two which may cause a problem are idolatry and sexual immorality, but those prohibitions are subject to introspection, or tzarich iyun.

In conclusion, there are two reasons why Judaism values religious freedom, despite the fact that it may inherently wish for something better. Firstly, because this isn't a country under Jewish jurisdiction. Secondly, because even those things which we may expect  gentile society to keep, are already, arguably, being kept.




2 comments:

  1. Since this is all about ideals, doesn't the very fact that in a Jewish Orthodox perfect world there would be a Jewish theocracy in which anyone performing idolatry would be in big trouble mean that Judaism doesn't uphold American ideals of, say, separation of church and state? I don't think the question was, "Can Judaism tolerate the current American legal system?" but rather, "Can Judaism tolerate the ideals upheld by the American legal system." The fact that in terms of practicality Jewish Orthodox doctrine does not require us to overthrow the American government does not mean that the two don't clash idealistically (it might mitigate the clash a little, but still).

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  2. hey hey hey i never said i was answering the question. i stated my thoughts. they happen to have wanted to avoid the question, for some reason. :)

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