For those finishing Kesubos, before you get ready to dismiss the “shalosh shavuos” gemara (Kesubos 111) as aggadita, take a look at the Aruch haShulchan C”M 2:1 who writes l'halacha that the Jewish community should not participate in or tolerate those who incite rebellion against the government, as this is a direct violation of one of the shavous! Was the Aruch haShulchan just throwing this in to make a good impression on the censors, or provide some apologetic cover? Nothing else in the siman seems to cry out for a patriotic pledge at this point, so who knows.
When I mentioned this to my wife she asked whether a Jewish person would be prohibited from participating in the type anti-war or civil rights protests that were common in the -60s (and far less common now). My initial reaction was that protest is not a form of rebellion, but a demand for a change in government policy, and is protected by the law itself within our democratic system. But can we say the same of civil disobedience, openly disregarding the law of the land? What should we make of the famous picture of A.J. Heschel marching alongside Martin Luther King in Selma? Another example my wife thought of: July 4th should be assur as it celebrates a violation of one of the shavuos! My hunch is that we have to draw some line between civil disobedience as a protest against specific laws and civil disobedience of the type practiced by Ghandi or advocated by Thoreau that is intended as a rebellion against and rejection of the sitting government. I don't really know - anyone know of good reading on this topic?
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There might also be situations where the sitting government is violating its own rules or the rules of the global community and is no longer legitimate. For example if our President or Congress violated the Constitution on a wide scale, it might lose its legitimacy on its own terms (since it only rules because of the Constitution). Similarly, perhaps governments are bound by international law, and if they violate it, they might no longer be considered a legitimate government, so acting to overthrow them would not be considered a rebellion.
ReplyDelete>>>For example if our President or Congress violated the Constitution
ReplyDeleteIsn't that why we have a Supreme Court in the US? One side claims a law violates the Constitution, one side argues it doesn't. One of the issues raised with respect to civil disobedience is whether it can be applied when there are still legal options that can lead to a resolution.
Isn't that why we have a Supreme Court in the US? One side claims a law violates the Constitution, one side argues it doesn't. One of the issues raised with respect to civil disobedience is whether it can be applied when there are still legal options that can lead to a resolution.
ReplyDeleteI'm talking about a situation where either the President and Congress ignores the Court, or where the Court is in cahoots with legislative and executive branches.
As a general rule I agree that all legal options must be exhausted before embarking on a campaign of civil disobedience. After the SC decided Brown v. Board of Education, and states refused to implement it, civil disobedience would have been justified if the federal government refused to intercede like it did in Little Rock.
anyone know of good reading on this topic?
ReplyDeleteYes, I believe the Satmar Rav has a lot to say on this topic!
"Was the Aruch haShulchan just throwing this in to make a good impression on the censors, or provide some apologetic cover? Nothing else in the siman seems to cry out for a patriotic pledge at this point, so who knows."
ReplyDeleteWhat the halacha is in a vacuum, I don't know, but the revolutionary movements in Russia at the time were incredibly dangerous both to the physical and spiritual wellbeing of the Jewish community and a number of people took this position. They viewed it as basically redifa, in addition to whatever they may have held wrt the 3 shavauos.