Friday, August 5, 2011
Words
D’varim
Deuteronomy 1:1 - 3:22
Précis: The Book of Deuteronomy (D’varim - "words") takes the form of a series of lectures by Moses to the People as they prepare to enter the Land. Together, these instructions constitute Moses’ farewell address. D’varim is sometimes called the “Mishneh Torah”, literally, the “second teaching of the Torah” (this is where we get the Greek name of the Book) because it contains repetitions of previously enunciated matters. The Book has a strong focus on the centrality of the Temple in the Promised Land, as well as many of other rituals found at the center of Jewish life: recitation of the Sh’ma, birkat ha’mazon, Shabbat observance, wearing tallit and t’fillin, reciting kiddush on Shabbat, and placing mezuzot on doorposts.
The Book is what modern analysts call a “foundation account.” It is a story that sets out the archetype that future generations are expected to understand. Our account focuses on inner struggles: the dangers of lacking faith, of not trusting in God and of being willing to quit the struggle.
The first parasha recounts the four decades of travel through the wilderness, the story of the spies, the appointment of judges, victories in the wilderness against enemies, and how the conquered land is to be divided. This parasha is read every year on Shabbat Chazon, the Shabbat prior to the fast of Tisha B’Av. Since looking at history is a major theme of the parasha, it is certainly an appropriate reading prior to this holiday.
Deuteronomy 1:34–37 “The Eternal heard your loud complaint and, becoming angry, vowed: ‘Not one of this ....evil generation, shall see the good land that I swore to give to your fathers...’ Because of you the Eternal was incensed with me too, saying: ‘You shall not enter it either.’”
Moses bitterly accuses the Israelites of denying him his dream of entry into the Promised Land. Just imagine his frustration and disappointment. How human Moses is! (And how unique is the Bible to reveal the weaknesses of its heroic figures.)
When things don’t turn out the way we had hoped and dreamed, we have a tendency to blame others, and from time to time we all lash out at them. Like Moses, we may feel the bitterness that comes with unfulfilled dreams.
Moses’ greatness is found in the fact that he places the importance of others above his own desires. He understood the concept that “expectations are planned disappointments.” He seeks the welfare of the community when he advocates for a new leader for the People who must “go out before them and come in before them.” This is the mature and wise counsel of Moses: find a leader who is unafraid to look forward to the future, despite its inevitable setbacks and disappointments. Look for a leader who is also secure enough to recall, without ego, the lessons of the past.
Friday, July 29, 2011
A Jewish View on the Death Penalty
Masei
Numbers 33:1-36:13
Précis: The Book of Numbers ends with this parasha. “These are the stages (masei) of the journey” which the Israelites made through the desert. In what amounts to a recapitulation, all of the stops along the way are identified. The Israelites are reminded to drive the Canaanites from the Land. Most of the parasha deals with plans for entry into the Promised Land, and the first steps to establish their home, including the division of the Land among the tribes. The Levitical cities are described, as well as the cities of refuge. Just prior to their entry into the land, the laws differentiating murder and killing are repeated. The parasha ends with a summary of the commandments and ordinances.
Numbers 35:31 “You may not accept a ransom for the life of a murderer who is guilty of a capital crime; [a murderer] must be put to death”
The parasha mandates the creation of six “cities of refuge.” When a person is accidentally killed, the perpetrator can find sanctuary from vengeance-seeking relatives in one of these designated cities. Even if a court finds him innocent of murder, the malfeasor must remain in the city of refuge until the death of the reigning high priest (when a sort of Jubilee takes place, releasing the individual).
On the other hand, in the case of a premeditated murder, the text is clear. It constitutes a clear and unequivocal statement in support of capital punishment for intentional murder.
Nevertheless, the rabbis over the centuries tried time and again to limit the application of the death penalty. Ultimately, rabbinic law virtually abolished it. The Rabbis declared that the death penalty could not be imposed in the absence of a “proper” tribunal, or because the killer was not warned (perhaps even twice!) before committing the act, or because (at least two) witnesses had to testify to the event and the testimony of all witnesses had to agree on every detail. What we today call “procedural due process” became a central focus in the rabbinic effort to circumscribe capital punishment. Evidentiary rules (today some call them “loopholes”) became firmly embedded in Jewish law.
As recorded in the Mishnah Makot 1:10, “A Sanhedrin that puts a man to death once in seven years is called a murderous one. Rabbi Eleazar ben Azariah says ‘Or even once in seventy years.’ Rabbi Tarfon and Rabbi Akiva said, ‘If we had been in the Sanhedrin no death sentence would ever have been passed.’”
What does this say about the Jewish view of capital punishment today? If all are made in the image of God, even the malfeasor merits life. Our tradition describes a steady journey which began in a culture where vengeance killings were common enough to require the creation of cities of refuge. The journey continued with rabbinic limitations on capital punishment to the point of its eradication. As such, this “journey” is a fitting conclusion to the Book of B’midbar.
In the here and now, Amnesty International reported in 2010 that the United States ranked 5th in the world in the number of executions carried out, behind only China, Iran, North Korea, and Yemen, and followed by Saudi Arabia, Libya, and Syria. I submit that this is a "moral neighborhood" in which the United States should not feel comfortable.
Numbers 33:1-36:13
Précis: The Book of Numbers ends with this parasha. “These are the stages (masei) of the journey” which the Israelites made through the desert. In what amounts to a recapitulation, all of the stops along the way are identified. The Israelites are reminded to drive the Canaanites from the Land. Most of the parasha deals with plans for entry into the Promised Land, and the first steps to establish their home, including the division of the Land among the tribes. The Levitical cities are described, as well as the cities of refuge. Just prior to their entry into the land, the laws differentiating murder and killing are repeated. The parasha ends with a summary of the commandments and ordinances.
Numbers 35:31 “You may not accept a ransom for the life of a murderer who is guilty of a capital crime; [a murderer] must be put to death”
The parasha mandates the creation of six “cities of refuge.” When a person is accidentally killed, the perpetrator can find sanctuary from vengeance-seeking relatives in one of these designated cities. Even if a court finds him innocent of murder, the malfeasor must remain in the city of refuge until the death of the reigning high priest (when a sort of Jubilee takes place, releasing the individual).
On the other hand, in the case of a premeditated murder, the text is clear. It constitutes a clear and unequivocal statement in support of capital punishment for intentional murder.
Nevertheless, the rabbis over the centuries tried time and again to limit the application of the death penalty. Ultimately, rabbinic law virtually abolished it. The Rabbis declared that the death penalty could not be imposed in the absence of a “proper” tribunal, or because the killer was not warned (perhaps even twice!) before committing the act, or because (at least two) witnesses had to testify to the event and the testimony of all witnesses had to agree on every detail. What we today call “procedural due process” became a central focus in the rabbinic effort to circumscribe capital punishment. Evidentiary rules (today some call them “loopholes”) became firmly embedded in Jewish law.
As recorded in the Mishnah Makot 1:10, “A Sanhedrin that puts a man to death once in seven years is called a murderous one. Rabbi Eleazar ben Azariah says ‘Or even once in seventy years.’ Rabbi Tarfon and Rabbi Akiva said, ‘If we had been in the Sanhedrin no death sentence would ever have been passed.’”
What does this say about the Jewish view of capital punishment today? If all are made in the image of God, even the malfeasor merits life. Our tradition describes a steady journey which began in a culture where vengeance killings were common enough to require the creation of cities of refuge. The journey continued with rabbinic limitations on capital punishment to the point of its eradication. As such, this “journey” is a fitting conclusion to the Book of B’midbar.
In the here and now, Amnesty International reported in 2010 that the United States ranked 5th in the world in the number of executions carried out, behind only China, Iran, North Korea, and Yemen, and followed by Saudi Arabia, Libya, and Syria. I submit that this is a "moral neighborhood" in which the United States should not feel comfortable.
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