Protest: when a transgression becomes a mitzvah — on halakhah's winding path between ideal and reality

Source: The halakhic dilemma: to protest on Shabbat or not to protest?

Question: I was asked how it is permitted to hold a protest against Shabbat desecration when doing so causes Shabbat desecration?

In the Land of Israel, the practice has been to be lenient in this regard, and they say that it is a great mitzvah and an obligation to protest on Shabbat even if it causes Shabbat desecration. And we see that in places where they do not protest, the affliction continues to spread; thus, the protest is not only to stop the Shabbat desecrator, but also to prevent Shabbat desecration by others, as well as to emphasize the severity of Shabbat. However, to protest on Shabbat over a matter that is completely unrelated to Shabbat desecration requires further consideration as to whether it is permitted to cause Shabbat desecration for no reason. While it is true that sometimes the public gathers specifically on Shabbat, in such a case there must be a rabbinic court in the city that will weigh the matter carefully and decide to what extent the matter is necessary and will be effective specifically on Shabbat.

(Rabbi Moshe Sternbuch, Teshuvot VeHanhagot, Vol. 1, Section 842)

Explanation: When the street becomes a stage: Haredi protests and the question that arose

For many years, Haredi demonstrations were held against Shabbat desecration, such as the opening of movie theaters on Shabbat, driving in Haredi neighborhoods, working on Shabbat, and more. Frequently, the protests caused Shabbat desecration by police officers, and even by the protesters themselves. Rabbis of the Edah HaChareidis (an anti-Zionist ultra-Orthodox communal organization), such as Rabbi Sternbuch, understood and supported the protests, and were even inclined to understand the need for Shabbat desecration by Haredim themselves in order to prevent Shabbat desecration.

Perspective: New reality, new halakhah: the quiet revolution of Jewish law in the State of Israel

Jewish law establishes that it is permissible to desecrate Shabbat to save a life, so that those who live will be able to observe Shabbat. It is worthwhile to desecrate Shabbat in order to increase Shabbat desecration later on. However, it was never permitted to desecrate Shabbat to protest against Shabbat desecration, until the establishment of the State of Israel and the Haredi demand to safeguard the public character of Shabbat. The halakhic ruling is not concerned with demanding that secular Jews become observant and keep Shabbat, but with protecting Shabbat observers so they do not become 'corrupted.' The protests were intended to protect Haredi society, not to change secular society.

Going Deeper: Between Jael and Sabbatai Zevi: on the sin committed for a higher purpose and its pitfalls

Jewish sources contain many instances of an aveirah lishmah—a transgression committed for a higher purpose—a concept that views favorably a sin done for the sake of a value greater than itself. Lot's daughters lie with their father to preserve humanity; Tamar and Ruth, who lie with relatives—a violation of incest prohibitions—to bear children, are met with understanding. Thousands of years later, Sabbatai Zevi and Jacob Frank permit incest to bring redemption, and instead of bringing redemption, they bring ruin. It seems that a transgression for a higher purpose cannot be a calculated initiative, but rather something accidental, spontaneous, born of good intentions, and unplanned.

Culture: Rabbi Kook's vision: when rebels pave the way for halakhic renewal

In Rabbi Abraham Isaac Kook's work, Shemonah Kevatzim (Eight Files), part 2, paragraph 30, he writes that there may be halakhot that no longer fit the current reality, yet we cannot abolish them. Only those who rebel against these laws, and are not meticulous about halakhic observance, pave the way for halakhah-observant Jews as well to find ways to interpret and adapt Jewish law for new generations. In Rabbi Kook's words, this is a phenomenon that 'grieves the heart externally, and gladdens it internally'—meaning that 'technically' it is a sad phenomenon of people who do not observe Torah and mitzvot, yet essentially, those who are not meticulous about halakhah and act purely out of goodwill and healthy logic will help halakhah find its essence, beyond its mechanics. This is, of course, a daring statement, difficult to grasp for people committed to halakhah and the mitzvot.

In the photo: Rabbi Kook's journey to the secular pioneers in the Land of Israel in 1913.