Rabbi's Musings

My dad did not knowingly break the law when preparing his taxes. He did think it his duty to get close to the line. After all, there is illegal tax evasion and legal tax avoidance. The difference can be small but important. There is a third option, however, called “avoision.”  It is not just in taxes. Maybe it’s children playing video games under the covers after lights out. Technically, they are not violating the parents, right? No lights are on.
 
In her new book, Circumventing the Law, Elana Stein Hain shows us how Jewish tradition created many loopholes or practiced “avoision.” Usually, the ancient Rabbis instituted such practices to help people. So, if someone had huge financial burdens, there could be an attempt to relieve their tithing responsibility. Or making a way to eat hot food on a Jewish holiday and enabling folks to carry possessions on Shabbat.
 
A famous example is selling leavened goods to non-Jews on Passover. You don’t really stop owning them but for purpose of the law the matter is settled.
 
Please note that none of these innovations are modern or “Reform.” Judaism has pragmatism baked in at its core! The lesson of these innovations to me is that tradition exists for the people more than the people exist for the tradition. We bend so we don’t break!