Mishpatim
Exodus 21:1 - 24:18
Précis: Having received, in the previous parasha, the 10 Commandments, Moses now reveals ordinances (mishpatim) needed to flesh out the legal system. The first group relate to the rights of servants (slaves), followed by rules about murder, crimes against parents, personal injury law, injury caused by animals, offenses against property, and bailment. A list of moral offenses follows, including seduction, witchcraft, sexual perversion, polytheism, and oppression of the “widow, the orphan, and the stranger among you.” The parasha includes the command to observe a sabbatical year, the Shabbat, and then lists the requirements for the observance of the pilgrimage festivals (Passover, Shavuot, and Sukkot). The command not to boil a kid in its mothers’ milk is mentioned, and at the conclusion of the parasha, we find a ceremony where the People, represented by Moses and 70 elders, have an encounter with the Divine Presence and accept the laws and the Covenant.
(Exodus 21:22-23): “When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman's husband may exact from him, the payment to be based on reckoning. But if other damage ensues, the penalty shall be life for life...."
When does life begin? An old joke tells us that life begins when the last child gets married and the dog dies. But questions regarding the beginning of life are no joking matter, and debate in America remains contentious about “when life begins.” While the issue of abortion rights has been somewhat muted in recent years, we know that it is a litmus test for both the Left and the Right. Is there a “Jewish” view on abortion? As is the case with most of Jewish law, the answer is, “it depends.”
Our text cited above seems to indicate at a minimum that a fetus is not a "complete" human being and does not deserve the same protection as the mother. In this particular case, two men are struggling. One man’s pregnant wife gets too close, and suffers an accidental miscarriage, but seems to be unharmed in any other way. If she loses the baby, the punishment is monetary damages (paid to the husband) as determined by a court. If, on the other hand, the mother herself dies, the assailant would face execution by the court, under the Jewish legal theory of “nefesh tachat nefesh” (“life for life”). Thus, the fetus does not share equal status with a human being.
The Mishnah, the prime expression of rabbinic Judaism, reinforces the concept that life begins at birth, noting that it is permissible to destroy a fetus inside the womb to save the life of a women, because her life takes precedence. On the other hand, if the baby has largely emerged, any procedure which would destroy the fetus is banned, because it has achieved the status of “nefesh” (literally, “soul” or “personhood”) and one is forbidden to sacrifice one life for another.
What this verse tells us is a beginning of the debate. A fetus is not equal in status to its mother, and does not gain the status of “nefesh” until it has been born. But the fact that the fetus is not an equal to the mother does not suggest that it is a mere mass of meaningless tissue: it has the potential of being a human being and it too is “b’tzelem elohim” – made in the image of God.
When is abortion permissible under Jewish law? To save the life of the mother, certainly. Conservative Movement responsa suggested that while abortion is morally wrong, it can be performed for therapeutic reasons of both a physical and mental nature (Isaac Klein, "Abortion," Responsa and Studies in Jewish Law, 1975). Others who issue responsa have disagreed with this conclusion.
What we can say is that the concept of life beginning at conception is not a Jewish position. We can also say that for two thousand years, our religious leaders (and our ancestors) have struggled with this issue, and it is a matter which has yet to be resolved.
Friday, February 12, 2010
Friday, February 5, 2010
Faith or Action?
Yitro
Exodus 18:1 - 20:23
Précis: Following last week’s trip through the Red Sea, Moses is reunited with Jethro (“Yitro”), his wife Zipporah, and with his two sons. Jethro gives sage advice to Moses about delegating responsibility, and Moses appoints assistants (judges). The Israelites come to the foot of Mount Sinai where, in the definitive transcendental experience, they experience Revelation, as the “Ten Utterances” (Commandments) are spoken to the People by the very Voice of God.
Exodus 20:2 "I the Lord am your God who brought you out of the land of Egypt, the house of bondage."
It is often said that Judaism is a faith and a way of life. Let’s take a closer look at this concept, because it says something that is indeed profound. While some religions suggest that faith alone is needed for salvation, Judaism is a faith which demands observance of a plethora of actions. In other words, it suggests and demands a comprehensive way of life: actions, attitudes, as well as belief.
On one hand, some Jews seem believe that Judaism means we can observe all (or some) of the detailed commandments of Torah, even if we lack a faith in a Supreme Being. They may be cultural Jews, agnostic Jews, ethnic Jews, or even gastronomic Jews. On the other hand, many believe that not only do we need to observe the commandments, but we also need to have faith and belief in a well-defined God.
The Ten Commandments begin with an affirmation of God's reality, from which flows our moral obligations. Jewish texts demand both faith and action. The first “utterance” (commandment is perhaps an improper translation) ends with the resonant phrase, "from the house of bondage (mi-beit avadim)." Rashi stresses: in Egypt, the Israelites were slaves (avadim) to Pharaoh; now they are the servants (avadim) of God, as the Torah says later: "For it is to Me that the Israelites are servants: they are My servants, whom I freed from the land of Egypt, I the Lord their God" (Leviticus 25:55).
The issue of faith or action is honed by Rashi’s comment: we are freed from slavery in order to submit to God’s commands. We are not, however, substituting one slave master for another: with and through faith, we are free to accept God’s commands (however we might interpret them).
Shabbat Shalom!
Exodus 18:1 - 20:23
Précis: Following last week’s trip through the Red Sea, Moses is reunited with Jethro (“Yitro”), his wife Zipporah, and with his two sons. Jethro gives sage advice to Moses about delegating responsibility, and Moses appoints assistants (judges). The Israelites come to the foot of Mount Sinai where, in the definitive transcendental experience, they experience Revelation, as the “Ten Utterances” (Commandments) are spoken to the People by the very Voice of God.
Exodus 20:2 "I the Lord am your God who brought you out of the land of Egypt, the house of bondage."
It is often said that Judaism is a faith and a way of life. Let’s take a closer look at this concept, because it says something that is indeed profound. While some religions suggest that faith alone is needed for salvation, Judaism is a faith which demands observance of a plethora of actions. In other words, it suggests and demands a comprehensive way of life: actions, attitudes, as well as belief.
On one hand, some Jews seem believe that Judaism means we can observe all (or some) of the detailed commandments of Torah, even if we lack a faith in a Supreme Being. They may be cultural Jews, agnostic Jews, ethnic Jews, or even gastronomic Jews. On the other hand, many believe that not only do we need to observe the commandments, but we also need to have faith and belief in a well-defined God.
The Ten Commandments begin with an affirmation of God's reality, from which flows our moral obligations. Jewish texts demand both faith and action. The first “utterance” (commandment is perhaps an improper translation) ends with the resonant phrase, "from the house of bondage (mi-beit avadim)." Rashi stresses: in Egypt, the Israelites were slaves (avadim) to Pharaoh; now they are the servants (avadim) of God, as the Torah says later: "For it is to Me that the Israelites are servants: they are My servants, whom I freed from the land of Egypt, I the Lord their God" (Leviticus 25:55).
The issue of faith or action is honed by Rashi’s comment: we are freed from slavery in order to submit to God’s commands. We are not, however, substituting one slave master for another: with and through faith, we are free to accept God’s commands (however we might interpret them).
Shabbat Shalom!
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