On the Israelisms podcast site, there has been an interesting discussion regarding the synagogues that we left in Gaza, and which were subsequently set upon by neo Pals. While Charley thinks it was a wrong, politically motivated move for us to leave them (with an obvious result), I have contended that it goes against Jewish law. You can follow the discussion here.
On the latest podcast, Charley mentioned the discussion, including my comment that “I don’t believe that humans are wiser than G-d.” (in response to Eric’s comment that “once in a while common sense needs to trump halacha [Jewish law].”) Charley responded that halacha is from the Rabbis, and not from G-d.
This is one of the fundamental differences between Orthodox Judaism and other strands. Torah Jews believe in both the written Torah (old Testament for my non-Jewish readers) and an oral one also transmitted to Moses on Mount Sinai. You need both for the full picture.
Regarding Rabbinical law, Torah Jews believe that G-d gave the sages the authority to enact laws. It is derived from verses 10-11 in Parashat Shoftim, in the book of Deuteronomy:
“You shall do according to the word that they will tell you..and you shall be careful to do according to everything that they will teach you. According to the teaching that they will teach you and according to the judgment that they will say to you, shall you do; you shall not deviate from the word that they will tell you, right or left”
Thus when I said that “I don’t believe that humans are wiser than G-d,” I meant that I don’t believe that we are wiser than G-d, who gave the Sages the right to enact their own laws, using various tools and the oral tradition. G-d intended that we follow the words of the wise Sages.
Charley also challenged me to cite the verse that shows it is forbidden for a Jew to destroy a building that was once a synagogue. I will oblige him.
From my understanding, it is forbidden to destroy the Temple.
“You must tear down their altars, break their stone pillars, burn their sacred groves, and cut down the statues of their gods… But you must never do anything like this to [the sacred objects of] God your Lord” (Deuteronomy, chapter 12 verses 3-4)
A synagogue is like a temple of today, since it has assumed the role of providing the place in which we worship G-d. It is thus forbidden to demolish a synagogue unless to rebuild or improve it.
(Mordechai on Talmud, Megillah, section 826; Shulchan Aruch and Ramah, Orach Chaim 152; Tzemach Tzeddek Responsa, Orach Chaim, Responsa 20; Torat Chessed Responsa, Orach Chaim, Responsa 4.) The synagogue retains its holy status, even after it is not used as a synagogue anymore.
Whether or not you believe in this, or the actual oral tradition and Rabbinical Law, one should respect the fact that in deciding whether or not a Jew can destroy orthodox Jewish synagogues, Jewish law should be taken into account. To ignore it would be extremely insensitive.
