I originally wrote this back in 2019 in response to someone saying:
So, let me get this straight... the entire religion (of Judaism) is built around legal loopholes? Is that what I’m gathering here? (Feel free to correct me!)
And it remains relevant to people (gentiles) who characterize Judaism as rules lawyering or all about loopholes or worse, who imply we are trying to be "sneaky" or "pull one over on God."
the religion is built around living in an ethical society per our contract (covenant) with G-d. but you can’t just have a bunch of words without putting them to use, & understanding them in practice, you know? the fulfillment of the covenant is a living discussion.
it’s not legal loopholes, because a loophole is often an inadequacy in the law that gets taken advantage of, but these are all built-in, part of our understanding. In this case, we have a contract (covenant), and we’re going to put it to use in every way possible, explore every inch of it, turn it inside out, and apply it to real life examples, define the parameters, argue those definitions, and then survey the conclusions.
I can say “you need to say the evening shema (a prayer) in the evening” but we can’t just say that, we need to explore a bunch of related things, like:
when in the evening does this happen? is there a difference between twilight and evening? if we say the evening prayer can be said from the time the priests partake of teruma, then when is that? if it’s the first watch of the evening, how many watches are there? if you were out all night for a wedding, but it’s not yet dawn, is it too late to recite the evening prayer? — IN SEVERAL THOUSAND YEARS, KE$HA WILL WRITE TIK TOK, AND WE’LL NEED TO KNOW WHAT TO DO IN CASE OF PARTYING UNTIL YOU SEE SUNLIGHT!
— when do they (the priests) ritually bathe in preparation for this [taking of teruma]? what about when poor people who cannot afford extra candles - do we consider how early they eat an evening meal in order to make sure they can afford the light [when we define evening]?
why did we discuss evening prayer before morning prayer? why does torah give us night before day? when is bedtime for most people? can we say the evening prayer until dawn? if yes, people might put off the prayer until dawn, which could lead to laziness or mistakes.
Also, when is dawn? but more prudently at the moment, when is evening? evening is when the stars are visible, but...how many stars? also, if you are lying alone in a dark house and can’t see the sky, how do you determine if it is too early or too late for your evening shema?
and that whole discussion is from the beginning of the Talmud, in its hyper-condensed form. That is what we do.
It’s not a series of loopholes and ways to weasel out of doing something. It's an intentional exploration of how something is done right, what doing it means, how we can accomplish it.
nothing gets taken for granted, everything is questioned, debated, discussed until it is understood enough to be applicable. and there may be lots of ways to understand.
if someone sees this line of thinking and goes “ah, loopholes to get out of it/wiggle away from it,” then you are mistaking lacework for loopholes.
....and if Kesha sees sunlight, it is now too late for her to say her bedtime shema. she should recite morning shema instead.
(note I think per anon my original phrasing was lacework, not loopholes, but maybe I edited for clarity later? Very possible, I'm a chronic editor.)
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