In the always lively
Jewish Journal of Los Angeles, Rabbi Elliot Dorff writes in a cover essay that "support for universal health care is an imperative in Jewish law." Is it now? On health care reform, Rabbi Dorff has his classical sources all lined up -- most having to do with obligations on the community to rescue its needy, the captive, and those otherwise endangered. The communal court system can compel a person to give charity in support of the poor. Proper medical services are a necessity in a Jewish community. And so on. Whether through socialized medicine or government health insurance, something must be done: the fact of there being 40 million uninsured Americans is "intolerable."
Do you notice how many times the words "community" or "communal" appear in the foregoing paragraph? Rabbi Dorff is chairman of the Committee on Jewish Law and Standards of Conservative (i.e., liberal) Judaism. He knows that Jewish laws of the kind he cites are specifically communal laws. They were never envisioned as applying en masse to a non-Jewish country of 300 million people. Liberal Jewish analysts often lose sight of this simple fact. So too in the abortion debate where, simply put, Jewish law for Jews is more liberal on abortion than Jewish law for Gentiles. We are more protective of the unborn non-Jewish life. In Torah, there are separate legal tracks -- the Mosaic and the Noachide, for Jewish and Gentile communities respectively. Yet liberal Jews invariably cite Jewish abortion law, not the Gentile one which makes abortion a death penalty offense. They forget that we live in a non-Jewish country.
Even apart from this, your local Jewish community and the United States of America are incommensurable in many ways. There are three key things about a religious community. It is small in size. It's homogeneous. And it's voluntary. The three together make the provision of welfare benefits to members of the community an affordable proposition. None of these are true in the far, far vaster and incomparably more diverse context of our country. I mean, is this not obvious? Practical considerations like this have led Connecticut's independent senator, Joseph Lieberman, an Orthodox Jew, to call for putting off radical health care reform till we can afford it.
If you object that I myself have extrapolated from Jewish to American law many times here in this blog and in my book
How Would God Vote?, my answer is that I always try to take care about making clear it's the
philosophical principles behind the laws that can be extrapolated, not the laws themselves. That way lies the road to theocracy.
When it comes to caring for the needy, there are not one but two major Jewish philosophical principles at stake. One is the obligation to provide for the poor. You don't need any detailed presentation of rabbinic statutes to know that this would apply to the area of health care. It's right there in the book of Ezekiel. The prophet chastised Israel's rulers, her "shepherds" for "tending themselves" while ignoring the needs of the flock: "the frail you did not strengthen; the ill you did not cure; the broken you did not blind" (34:2,4).
Counterbalanced with his, however, is the Torah's overwhelming emphasis on personal responsibility. Apart from being beyond our country's current means, one problem with government-run universal health care, which is where ObamaCare would inevitably tend, is that it relieves not only the poor but everyone else of their responsibility to see to their own health needs. Rabbi Dorff mentions the "intolerable" plight of the uninsured. How many? The figures you hear from the Left are deceptive because, among other things, they include people who for whatever reason -- because they are young and healthy, or maybe older and foolish -- think they can get by without insurance.