Why are Shabbat loopholes a good thing?

Question

I'm not Jewish but do know that strict observance of religious laws is important in Judaism.

I recently visited one of our suppliers in Israel and the hotel and office block had sabbath elevators. The younger techies I was working with thought it was ridiculous but it seemed that pious/observant Jews used it. There was also a planning controversy here in London about making an area an Eruv so that religious restrictions could be avoided.

If these features are universal then I shouldn't think of these as a cynical way of avoiding the law which applied to everyone else - like medieval popes declaring Beaver to be a fish or that Geese grew from barnacles so they could eat meat in lent ?

Is there a particular reason that working around a holy law should apparently be considered pious?

edit: Thank you, the question was meant out of genuine interest, I didn't intend any offense with "loophole".

My question was really that in Christianity (or Islam) by not doing something enjoyable or which makes life easier on Sabbath, or by fasting - it is the sacrifice that is the offering/prayer.

So if you can't start a fire to keep warm then the discomfort is the sacrifice. But if it is ok to have a non-Jew make one for you, or today have the heating pre-programmed, it seems that the observance of the law is more important than the spirit.

Is the intention of the law in Judaism fundamentally different from the other two religions? Or is it just a tradition that has grown up over the generations?

Answer 1

The "Letter of the Law" is binding. However, we do generally try to go beyond and satisfy a "Spirit of the Law" which is above the Letter of the Law. Therefore, loopholes which contravene the Spirit of the Law are not generally encouraged, and the topic of what is called הערמה, tricking your way around the law, is somewhat complex but generally discouraged.

However, this necessitates understanding what the "Spirit of the Law" is in a given situation. In your example, were the "Spirit" of Shabbos to make Shabbos a day of asceticism or suffering, you would be correct that we are circumventing the intention of the laws. However, the point of Shabbos is to not be an active participant in creative activity (as explained by R' S.R. Hirsch in Horeb). Therefore, riding a Shabbos elevator, which does not involve doing any creative activity on Shabbos, as it is pre-programmed, is completely removed from the spirit of the day.

Eruv was already discussed in other answers, but it is a built-in exception to a Rabbinically decreed prohibition, and therefore is hard to call a "loophole" - it is an exception to a stringency, not a loophole to the essential law.

Answer 2

What you are discussing are not loopholes.

If a person uses a wheelchair to get around, you don't say he's using a loophole. He's doing the best he can under the circumstances.

If a person uses a key to unlock his front door, he's not using a loophole, he's behaving as expected.

If a person heats his house, he's not using a loophole to deal with the cold.

The Torah gave us very precise laws - and they do not apply across the board. Actually, many laws are contradictory to others, of you take such an global approach.

Specifically:

Eruv

The Torah forbids carrying in a Halachically-defined Public Domain on Shabbat. An Eruv turns the streets into a Private Domain - as they become enclosed with walls & doorways. This is not a loophole but is defined by the same Torah that forbids carrying in a Public Domain.

Shabbat Elevators

The Torah forbids closing/opening electrical circuits on Shabbat. This makes it impossible to use an elevator: Thus, you cannot press the buttons, you cannot cause the door to stay open and you cannot cause any other electric circuit to kick-in, like weight sensors.

A Shabbat elevator operates without having any of the above issues - so why should it be prohibited? It's not all that different from using a time clock to turn lights on and off; a very common thing to find in Shabbat-observant houses.

(And yes, I am aware of those who forbid using Shabbat elevators, time clocks and even the Eruv. But not because they argue with the above concept.)

Conclusion: We're not declaring a beaver to be a fish; we're discovering fish that taste like beavers.

Answer 3

Regarding Shabbat observance specifically, the idea is not to be a sacrifice, rather there is a specific concept of Oneg Shabbat, doing things which are pleasurable on Shabbat.

In terms of the general point, in traditional Judaism, the law is the point. The specific observance of Mitzvos as defined in the Halachic process is what connects us to Hashem and fulfills His will. Any underlying philosophical points, known as the Tamei HaMitzvos, the "philosophical reasons" for the laws are more speculative and less controlling.

One reason for this is that the commandments themselves are beyond human understanding, thus defining them through such understanding can only be done following the rules that the Commander dictates - the Halachic process.

Answer 4

Shabbat has a dual nature. It is a "holy day" and a "day of rest."

Because it is a day of rest one is forbidden to do creative work on Shabbat. According to Jewish Law, there are 39 Categories of "creative work." Actions which fall into any of these categories are forbidden; actions which do not are permitted.

Because it is a holy day, one should remember God on Shabbat, and even more so, the Prophets say one should "enjoy" the Shabbat.

Both of these ideas - of resting and refraining from work, and of enjoying the Shabbat because it is a holy day - became part of Jewish Law. In situations where there was tension between these two ideas, the rabbis utilized the intricacies of the law, by finding actions which weren't technically prohibited, to reconcile the ideas, and thereby allow Jews to fully experience both elements of Shabbat.

"Shabbat Elevators" are an example of this reconciliation. If one is wheelchair-bound, and requires an elevator to go down the stairs, which is (generally accepted as involving) "work," then they're not fully enjoying Shabbat or appreciating its holiness - they can't attend Synagogue, or visit friends, etc. But if an elevator can be created which technically doesn't violate any of the laws, then they can fully experience both aspects of Shabbat - enjoying it, and not doing "work." This is how a loophole can be pious, for it lets the Jews fulfill both the letter and the spirit of the law in the best way possible.

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_{The point of Jewish Law and God's commandments aren't to make Jews suffer. Judaism isn't ascetic*, and it isn't founded on sacrifice (like Christianity). Therefore, the idea that one has to "suffer through it" is generally unacceptable, and the rabbis will try to find a way to make it bearable and fulfill the spirit of the law while still remaining within the letter of the law.}

_{*Yom Kippur being a notable exception.}