CHAPTER XVIII

JOSEPH ALBO (1380-1444)

Of the post-Maimonidean philosophers Crescas is the last who contributes original views of philosophical value. Joseph Albo, of Monreal in Aragon, is of little importance as a philosopher. He rehashes the problems which occupied a Maimonides, a Gersonides and a Crescas, and sides now with one, now with the other. He benefited by the writings of his predecessors, particularly Maimonides, Crescas, and Simon Duran;[403a] and the philosophical discussions in the last three sections of his "Book of Roots" ("Sefer Ikkarim") give the impression of an eclectic compilation in the interest of a moderate conservatism. The style is that of the popularizer and the homilist; and to this he owes his popularity, which was denied his more original teacher, Crescas.

But philosophy as such was not Albo's forte, nor was it his chief interest. While it is true that all the Jewish thinkers of the middle ages were for a great part apologetes, this did not prevent a Maimonides or a Gersonides from making a really thorough and disinterested study of science and philosophy; and often their scientific and philosophic conviction was so strong that the _apologia_ was _pro philosophia sua_ rather than _pro Judaismo_. The central theme therefore in the majority of Albo's philosophical predecessors was the equally metaphysical and theological, of God and his attributes. These were proved by reason and confirmed by Scripture and tradition. Judaism had to be formulated and defended with a view not so much to the dangers threatening from Christianity and Mohammedanism as to those endangering all religions alike, namely, the opinions of science and philosophy as taught especially by the Aristotelians. Hence Maimonides treated for the most part of the same problems as the Mohammedan Mutakallimun before him, and Thomas Aquinas the Christian had no scruple in making the Jewish philosopher's method his own when he undertook to defend the Catholic faith "contra Gentiles."

Different were the circumstances as well as the attitude of Joseph Albo. The purely philosophic interest was not strong in his day. He was not confronted by the necessity of proving the existence and incorporeality of God by reason. No one doubted these things and they had been abundantly written about in times gone by. In the interest of completeness and for the benefit of those who were not trained in technical philosophy, Albo found it desirable to restate the results of previous discussions of these topics in a style more accessible to the readers of his day. But the central interest in his age was shifted. It was a time of religious disputations and forced conversions. Albo himself had taken part in such a disputation held at Tortosa in 1413-14, and he had to defend Judaism against Christianity. He had to show his own people that Judaism was the true religion and Christianity spurious. Hence it was religion as such he had to investigate, in order to find what marks distinguished a divine law from a human, and a genuine divine law from one that pretended to be such. To make this investigation logically complete he had to show that there must be such a thing as a divine law, and that no such law can be conceived without assuming certain basal beliefs or dogmas. A discussion of religious dogma was essential, for upon the nature of these fundamental beliefs depended one's judgment of a given law and its character as divine or human, genuine or spurious. Hence the title of Albo's treatise, "Book of [religious] Roots [dogmas]." And while it is true that Maimonides, the systematizer and codifier, could not fail to put down in his commentary on the Mishna a list of articles of the Jewish creed, nothing is said of this in his philosophical work, the "Guide of the Perplexed." With Albo the establishment of the fundamental dogmas is the central theme.

At the same time Albo was anticipated even in this, his more original contribution. Crescas, his teacher, had written, beside the "Or Adonai," a work against Christianity.[404] And in the "Or Adonai" itself he devotes considerable space to the question of the fundamental dogmas of Judaism, and takes occasion to criticize Maimonides for his faulty method in the selection of the thirteen articles, on the ground that he did not distinguish between what was fundamental and what was derivative. This suggestion gave Albo his cue, which he developed in his own way.[404a]

Human happiness, Albo tells us, depends upon theory and practice, as Aristotle says. But the human mind is inadequate to know by itself the truth touching these two. Hence there is need of something superior to the human mind which will define right practice and the true ideas. This can be only by divine guidance. Hence everyone must be able to tell the divine legislation from those which are not divine. For this it is necessary to know what are the principles without which a divine law cannot exist. This is the purpose of the book, to explain the essential principles of a divine law.[405]

A knowledge of the principles of religion would seem easy, for all people profess some religion or other, and hence are presumed to know upon what their religions are based. But this question has not been treated adequately before, and there is no agreement among previous writers about the number of the principles or their identity. Some say there are thirteen (Maimonides), some say twenty-six, some six (Crescas), without investigating what are the principles of divine religion generally. For we must distinguish between the general principles which pertain to divine legislation as such and hence are common to all religions, and special principles which are peculiar to a

## particular religion.

Seeing the importance of this subject, Albo continues, I undertook this investigation. I came to the conclusion that there are three general principles of divine religion, existence of God, Revelation, and Reward and Punishment after death. Then there are special principles peculiar to a particular religion. From the general principles ("Ikkarim") follow

## particular or derivative principles ("Shorashim.")[406]

The investigation of the principles of religion is a delicate matter because one is in danger of being reckoned an infidel if he denies what is considered by others a fundamental dogma. Thus according to Maimonides the belief in the Messiah is fundamental, and he who denies it is a heretic and has no share in the world to come. And yet Rabbi Hillel in the Talmud (Sanhedrin, 99a) said, "Israel need expect no Messiah, for they had the benefit of one in the days of Hezekiah, King of Judah." On the other hand, Maimonides does not regard creation _ex nihilo_ as fundamental, whereas others do; and to their mind Maimonides is open to the charge of unbelief.

The truth is that only he is an unbeliever who deliberately and knowingly contradicts the Bible. A person who believes in the Bible but is led mistakenly to misinterpret it, and denies real principles because he thinks the Bible does not require us to believe them as principles, or does not require us to believe them at all, is guilty of error and in need of forgiveness, but is not a heretic.[407]

Having thus defined his attitude and purpose, Albo proceeds to criticize the list of dogmas laid down by Maimonides and modified by Crescas, and then defends his own view. A fundamental principle ("Ikkar," lit. root) is one upon which something else depends and without which this latter cannot exist. Maimonides counts thirteen principles of Judaism as follows: (1) Existence of God, (2) Unity, (3) Incorporeality, (4) Eternity, (5) He alone must be worshipped, (6) Prophecy, (7) Superiority of the prophecy of Moses, (8) Revelation, (9) Immutability of the Law, (10) God's Omniscience, (11) Reward and Punishment, (12) Messiah, (13) Resurrection.[408] This list is open to criticism. If Maimonides intended to admit strict principles only without which Judaism cannot exist, we understand why he named (1), (6), (8), (10), (11), which are general principles of any divine religion, and (7) and (9) as special principles of Judaism. But we cannot see why he included (2) and (3). For while they are true, and every Jew should believe them, Judaism can be conceived as existing without them. It is still more strange that (5) should be counted as a principle. To be sure, it is one of the ten commandments, "Thou shalt have no other Gods before me.... Thou shalt not bow thyself down to them, nor serve them" ... (Exod. 20, 35), but Judaism can be conceived to exist even with the belief in a mediator. Similarly it is not clear why (13) should be considered as a fundamental dogma. On the other hand, he omitted Tradition and Free Will as beliefs essential to any divine religion.

If, in defence of Maimonides, we say that he intended to name not only fundamental principles, but also true beliefs, whether fundamental or derivative, then there are many others he might have mentioned, such as creation _ex nihilo_, belief in miracles, that God rests in Israel through the Torah, and so on.

Another writer counts twenty-six principles, including everything that occurred to his mind, such as the attributes of eternity, wisdom, life, power, will and others, counting paradise and hell as two, and other absurd ideas. Others again,[409] criticizing Maimonides's principles, reduce them to six, viz. (1) God's knowledge, (2) Providence, (3) Power, (4) Prophecy, (5) Free Will, (6) Purpose, adding thereto the three proved by Maimonides, God's existence, unity and incorporeality. The objection to this list is that it does not contain the special dogmas of Judaism, and does not give us a principle by which we can distinguish between the genuine and spurious divine religion. For the dogmas named in the above list give us the _necessary_ requirements for a divine law, but not the _sufficient_. We may have all these principles and yet not have a divine religion. As to Free Will and Purpose, they are essential to divine legislation to be sure, but not _qua_ divine; they are also essential to a conventional human law. Divine religion has a special purpose peculiar to it.[410]

Having laid bare the defects in the attempts at a list of fundamental dogmas of Judaism made by his predecessors, Albo categorically lays down the following three principles as fundamental to divine religion: (1) Existence of God, (2) Providence, and reward and punishment, (3) Revelation.

To justify this statement Albo finds it necessary to make clear what is meant by divine law or religion, and what relation it bears to other laws, not divine. This necessitates an explanation of existing laws and their motives and causes.

Animal life, we are told, may be divided into three classes according to the mode of living adopted by each. Beasts of prey live separately and not in groups. Mankind must live in communities, as one individual is dependent upon the work of another, and social life is essential to their existence. Intermediate between beast of prey and man are the gregarious animals, which keep together not as a matter of necessity, as is the case in man, but for convenience, for the sake of being together. Man is social by nature; and in order to make communal life possible, there must be some order in the community which prohibits violence, robbery, and so on. This is known as "natural law." In addition to this there are in many places "conventional laws," made by kings and emperors, regulating more carefully and with greater detail than the natural law the affairs of the members of the community.

But this is not all. There is still another kind of law due directly to God's providence. The providence of God is seen even in the lower animals, in the constitution of their bodies, not merely in matters essential to the preservation of the animal, but also in the interest of comfort and convenience, as for example the duplication of the sense organs. It stands to reason therefore that there is a divine influence which provides for man even to a greater degree. This providence may extend only to one individual, but this person brings about the perfection of the race; just as in the individual man the heart is instrumental in giving life to all the other limbs. The law which is promulgated through this person is a "divine law."

The term "law" ("Dat") applies to any system of directions embracing a large aggregate of men, whether it contains many commands or one. There are thus three kinds of law, natural, conventional and divine. Natural law is the same for all persons, times and places. Conventional law is ordered by a wise man or men in conformity with the necessity of the persons, times and places, as the reason dictates, without special divine suggestion. Divine law is ordered by God through a prophet. The purpose of natural law is to remove wrong and promote right, keeping men from robbery and theft so that society may be able to exist. Conventional law goes further and tends to remove the unseemly and to promote the becoming. Divine law has for its purpose to guide men to true happiness, which is the happiness of the soul and its eternal life. It points out the way to follow to reach this end, showing what is the true good for man to pursue, and what is the real evil which one must shun; though it also lays down the law of right and wrong like the other two.[411]

The conventional law is inferior to the divine in a number of ways.

The conventional law only orders human conduct for the purpose of improving social life, but does not concern itself with perfection in theoretical speculation and knowledge, which leads the soul to eternal life. The divine law embraces both the parts upon which human perfection depends, conduct and theory. It embraces the becoming and unbecoming (practice), and the true and untrue (theory). As the Psalmist has it, "The Law of the Lord is perfect, restoring the soul" (Psal. 19, 8).

The conventional law, being human, cannot always decide with certainty what is becoming and what unbecoming. It is liable to error. This is

## particularly the case in matters of theory, such as the creation or

eternity of the world. The divine law gives us certainty in all things, "The testimony of the Lord is sure, making wise the simple" (_ib._).

The person guided by the conventional law is not sure that he is always guided aright; hence he cannot feel the satisfaction and the joy of the man whose guide is the divine law, making him certain of being right--"The precepts of the Lord are upright, rejoicing the heart" (_ib._ 9).

The conventional law can give general rules only, but is unable to advise in a particular case. So Aristotle in the Ethics points out that virtue is a mean, but he cannot determine exactly the proper measure at a given time. This is the function of the divine law--"The commandment of the Lord is clear, enlightening the eyes" (_ib._).

The conventional law is subject to change in the course of time. Witness the marriage of sisters in the early period of Adam and Abel. The divine law alone does not change--"The fear of the Lord is pure, enduring for ever" (_ib._ 10).

The conventional law cannot estimate exactly the merited amount and kind of reward and punishment; whereas, "The ordinances of the Lord are the truth; they are just altogether" (_ib._).[412]

Freedom and Purpose are principles of conventional law. Without freedom there is no sense in giving orders. For this reason Freedom and Purpose are not correctly given as fundamental dogmas of divine law, for while the latter cannot get along without them, they are not peculiar to divine law as such, but are common also to conventional law. This is why Maimonides omitted Freedom in his creed. The same is true of Purpose in general. The divine law, however, has a special purpose, perfection and eternal life, hence Maimonides did include it in his list.[413]

The fundamental dogmas of divine law are, as we said before, Existence of God, Revelation, Reward and Punishment. It is evident that there cannot be a divine law without the first two. The third is also necessary; for the purpose of divine law must be a perfection greater than the conventional law can accomplish. This is eternal life, and is signified by Reward and Punishment.

As all agree that the Law of Moses is divine, it is proper to use it as a standard in order to discover what a divine law must have. Accordingly if we examine the first four chapters of Genesis, we find the principle of the existence of God in chapter one , describing creation. The second and third chapters give evidence of revelation, or communication of God with man for the purpose of directing his conduct. Finally in the Cain incident in