Consider the possibility that biblical law emphasized the intermediating institutions of Shabbat and miqdash; that the primary institutions of economics and politics – the commercial markets and government – were really of secondary concern to the biblical author. Instead, the biblical author focused on how to mitigate the primary institutions so as to reflect the wishes of the Creator; and that those mitigating institutions were Shabbat and miqdash.
Now consider the situation in diaspora. The Jewish community no longer had autonomy over the primary institutions. The sovereign of the host country defined those matters. What was left for the exilic communities was to carve out subsidiary roles to define commerce and government administration. The focus of the diaspora community's leadership moved from mitigating the power of the two Leviathans of society – commerce and government – to simulating those institutions under the mitigation of the ruling sovereign. Shabbat and miqdash were replaced by the exigencies of diaspora. Shabbat and miqdash thus disappear. Sheviit and qorbanot are suspended. The Diaspora community is no longer shaped by these two basic mitigators. YHWH's will is not invoked. Instead, His will is transformed into a system of ethical preoccupations based on a dubious reading of how biblical law translates into exilic power for the community: the legitimacy of the qehillah and the authority of the leadership, be it lay or rabbinic.
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