Torah Teachings

Today's parasha, Mishpatim, is about several laws that govern society, including the death penalty, criminal behavior, and personal and property damages. We find laws about human and animal rights, employer-employee relations, property-related issues, laws to protect the vulnerable, and even religious practice laws. In this parasha, we also see that although equality underscores all human dignity, we also live in a world of difference; thus, twice, we are told, “You shall not wrong or oppress a stranger, for you were strangers in the land of Egypt” (Ex. 20:22 and 23:9).  In the same vain we learn that we must care for the widow and the orphan (Ex. 22:21), using our resources to better those around us (Ex. 22:24), recognizing the differences between those who can and those who cannot, those who are like us and those who are not. But our laws not only address those who are different but those who act in defiance.  

But two laws in this passage are troubling that say: “One who kidnaps another party—whether having sold or still holding the victim—shall be put to death” (Ex. 21:16) and “But if other damage ensues, the penalty shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise” (Ex. 21:23-25). How do we process this on all days?  Today is a day where it is human to be angry, pained, wanting revenge, fighting the propensity to hate, and so on. Today, we all fell victim to the sadness with the return of four precious souls, Oded Lifshitz, Shiri Bibas & her young sons Kfir & Ariel, after 503 days, all murdered by cut-throat Islamic terrorists who are praised for their “resistance” by way to many people, even people right here in America.  Here in America, we have to deal with the hate of Kanye West who said, "I love Hitler" and "I'm a Nazi," going on to say that “every human being has a value that they brought to the table, especially Hitler."  Then there was the commencement speech by the Valedictorian at the CUNY Law School of New York, exalting the “Fallen Heroes” (Hamas terrorists) and remarking about the “campaign of Zionist harassment by well-funded organizations with ties to the Israeli government and military based on my Palestinian identity and organizing.”  The truth is that today’s version of anti-Semitism calls for the murdering of Jews in Israel, meaning that anti-Zionism has become anti-Semitism, and they cannot be separated any longer. However, I am sure others may disagree. 

As our Jewish blood boils within, that is what we want to do; we want to stand up and boldly proclaim in response that “the penalty shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”  That is, after all, what the law says: kill the kidnapper and take a life for a life.  The Talmud (Bava Kamma 68b) teaches that this doesn't so much refer to death per se, but by “inference,” one is “liable,” although it also teaches there is a time for death (Talmud, Sanhedrin 85b).  I'm not writing about the death penalty more than a challenge we all face regarding these laws since we are also guided by the values of “love your neighbor as yourself “ and the “stranger in your midst.”  Our human response to revenge is being asked to step back simultaneously against how others may do so.  Here, Rabbi Shai Held compares the prohibition of oppressing the widow and orphan to the oppression of how Pharaoh treated the Jews. Hence, the Torah reflects a vision of how“ God wants Israel to create an anti-Egypt” society.  Still, there are times to fight and even times to kill, but for Judaism, that is not the first step we take as we always seek to honor life even when life does not honor Jews. In response to others, we are creating an “anti-Egypt” response of human dignity that guides how we react, even if our reaction takes a life in defense. At the same time, the widows and orphans of Gaza, the innocent who have been caught up in this war, become our concern as well, even though others say Israel doesn't care, hence Oded Lifshitz will be remembered for transporting Gazens in need to Israel for medical and other types of help.  

As we seek to address all the Jew-hatred and anti-Israel rhetoric that continues to populate our news, how do we respond?  Is it right to live and die by the mantra of a “life for life,” or is there another way? It says in Pirkei Avot regarding our enemies, “keep a distance from an evil neighbor, do not become attached to the wicked, and do not abandon faith in [divine] retribution,” meaning we react based on our faith values and not based on how others act toward us.  The anti-Semitism we encounter cannot diminish how we must respond in the face of adversity, although we cannot lay down either.  This is a difficult day, and I mourn with you today. Am Yisrael Chai! 

Shabbat Shalom,
Rabbi Adam Ruditsky