Lawyer Argues True Value of Torah Study Requires Ethical Conduct and Public Responsibility
Attorney David Kurtzweil challenges the common assumption that any study of the Talmud fulfills the religious value of Torah study. He argues that Torah study must be accompanied by ethical behavior, public responsibility, and observance of commandments to truly embody its value. Using Torah study to justify exemption from civic duties, such as military service, does not fulfill its intended purpose.
In the heated Israeli debate over Haredi conscription, there is broad agreement that Torah study is a fundamental Jewish value. However, the controversy centers on how this value interacts with other societal obligations. Kurtzweil points out that not all who study Talmud pages genuinely uphold the value of Torah study as understood by Jewish tradition. He cites examples like South Korean students learning Talmudic texts without religious intent, illustrating that intellectual study alone is insufficient.
Jewish sages emphasized that Torah study must lead to action, including fulfilling commandments and ethical conduct, summarized by the principle "Derech Eretz" (proper behavior and social responsibility). The Talmud warns that study without action is harmful, and Maimonides condemned those who study Torah but avoid work and rely on charity, calling it a desecration of the faith.
Kurtzweil stresses that Torah study divorced from societal duties and ethical living fails to realize its value. Torah used as a tool for material gain or to evade public responsibilities damages both religion and society. As legislative efforts advance to establish a "Basic Law: Torah Study," courts will need to assess whether the claimed value of Torah study is genuinely fulfilled in cases seeking rights or exemptions.
Currently, he notes, much of the Haredi public neither shares the national security burden nor clearly fulfills the true value of Torah study, raising significant questions about the legitimacy of their exemptions.