The Pros and Cons of a Postmodernist Analysis of Halacha

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The Pros and Cons of a Postmodern Analysis of Halacha
I recently read Faith Shattered and Restored: Judaism in the Postmodern Age (2017), by Rabbi Shagar. I found it to be exceedingly thought-provoking, if fundamentally objectionable. I agreed with many of Rabbi Shagar’s particular insights while disagreeing with his overall framework. (If you’re interested in my review of the book, let me know and I’ll share it with you.) One example of this is his approach to taamei ha’mitzvos (the reasons for the commandments). He writes:

The test of halakha is not its truth, but its ability to maintain the integrity of its character as a linguistic and practical system. This character is the core of halakha, whose scale of values and beliefs - which neither proves nor justifies it - is merely a byproduct of the nature of the halakhic system. Thus, rather than justify or rationalize halakha, we must describe it phenomenologically. For instance, we should examine how the laws of family purity shape the relationship between husband and wife, instead of propounding justifications for them with facile pronouncements about how halakha "exalts women," or "acknowledges the body," or "values emotion," and so forth. Such apologetics emanate from a self-deceptive desire to beautify the halakhic world in the face of criticism from the world of Western cultural values. Instead, one should lay down the ethical and existential consequences of halakha: What sort of romance is shared by couples who lead such a lifestyle, how their passion manifests, and so on.

I hold the study of taamei ha’mitzvos in high regard. Although I regularly engage in what Rabbi Shagar disparagingly refers to as “self-deceptive apologetics,” I also see the benefits of a phenomenological analysis of halacha. See, for instance, my article entitled The Non-Symbolic Trumpets, in which I cite the Sefer ha’Chinuch’s phenomenological explanation of the reason for the mitzvah of sounding the trumpets at the time of korbanos. He explains that (a) man needs help focusing, (b) korbanos require focus, and (c) a loud trumpet sound helps man to focus on the korban. Likewise, in my shiur entitled Kiddush: The Universe of Torah in a Glass of Wine, I discuss R’ Yehuda ha’Levi’s explanation of making berachos on food: pausing and contemplating what you’re about to eat results in greater enjoyment from the food. I appreciate how such analyses can be readily integrated into one’s practice because they are rooted in our immediate experience.

At the same time, I disagree with Rabbi Shagar’s postmodernist foundation. In his preface to the book, Aryeh Rubin defines post-modernism as “the denial and deconstruction that come from the erosion of belief in any ‘grand narrative’ and in the ability to perceive the truth.” This is why Rabbi Shagar is opposed to the traditional approaches to taamei ha’mitzvos. He would look at the Ralbag’s definition of Torah (“a God-given regimen that brings those who practice it properly to true success”) as being influenced by Ralbag’s immersion in the Greek world of Aristotelianism, dismissing it as an artificial “grand narrative.” Likewise, he would characterize Rav Hirsch’s Torah im Derech Eretz paradigm as a 19th century German Jew’s noble (or ignoble) effort to integrate the values of Western Culture into Judaism. He would chalk up the various kabbalistic explanations of mitzvos as byproducts of this or that cultural or intellectual influence. And so on.

I think that Rabbi Shagar’s approach is self-defeating. He claims to reject the “grand narratives” and value systems that other thinkers employ in their analyses, yet somehow maintains that he is able to engage in an objective phenomenological description untethered to any particular value system. Is this possible? Can he really assess “what sort of romance is shared by couples” who follow the laws of family purity without imposing some culturally biased view of romance? Romance in 21st century America differs from the romance of the Victorian era which differs from Romance during the Persian Empire. Can he make statements about “how their passion manifests” without subscribing to his own narratives about “passion”? Can he “examine how the laws of family purity shape the relationship between husband and wife” without taking a stance on what “relationship” means and what constitutes “shaping” that relationship?

One might respond to the above, saying, “Ha! Your objections reveal that you agree with his postmodern framework after all!” Yes and no. I agree that our view of reality is influenced by our personal theoretical frameworks. But at least I’m not the one who is claiming to reject all grand narratives while insidiously framing everything in my own grand narrative.

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