דין ויושר בפילוסופיה היהודית האבן־רושדית

This article attempts to analyze the positions of Jewish philosophers on the question of “equity” – that is, in which unique cases is it permissible and even necessary to change the law in order to uphold its purpose? As the article demonstrates, there are two different approaches among these philosophers, indicating considerable philosophical diversity in the Jewish Averroist thought of the medieval period. According to R. Yitzhak Polgar and R. Nissim of Marseille, there are cases where one must adjust or even nullify the law in order to preserve its purpose. By contrast, R. Levi ben Abraham and R. Moses of Narbon categorically forbid adjustment of the law. According to this camp, such a possibility would bring about the collapse of commitment to the law, as anyone would be able to cast themselves as an exception to the rule.